An Overview of the Illinois Probate Claims Process

Web Admin - Thursday, February 13, 2014

illinois probate claims lawyerThe probate process in Illinois acts as a method of legally putting to rest the affairs of a deceased person. One of the most important parts of the process is the ability to file a probate claim. These claims allow creditors to attempt to collect on any debts that the deceased may have had. Illinois law establishes a strict hierarchy of these claims to determine which claims get paid out first.

The Claims Process

The claims process begins shortly after a person’s death. If the person has more than $100,000 in assets their family will have to open the probate process. This involves filing a will with the courts (if a will exists) and getting an executor appointed by the court. The executor will manage the administration of the will and is an important figure for creditors who want to file claims.

The law requires executors to publish a notice of probate in an appropriate newspaper to alert any potential creditors to the process. They must also send written notice to any creditors that the executor “knows or may reasonably ascertain.” Once a creditor receives notice of probate, they have six months within which to file a claim for payment from the estate. Any claims after this six month period will be barred by the court as long as the executor provided proper notice.

Once a creditor files a claim, the executor has three options: they may choose to pay it in full, they may attempt to settle, or they may refuse to pay. In the case of an executor who refuses to pay a claim, the creditor then has the option of litigating the claim in front of a judge to determine its validity.

Establishing Priority

Once the executor and the courts determine which claims are valid, they rely on the Illinois Probate Act of 1975 to determine what order the debts should be paid in. The Act divides claims into seven different classes, and pays them out in order. The seven classes are:

1.    Reasonable funeral and burial expenses

2.    Surviving spouse’s or child’s award. This is an award of enough money to the decedent’s spouse and children to keep them living in their usual lifestyle for nine months following the person’s death.

3.    Debts due to the United States

4.    Debts owed to employees, not to exceed $800, and debts dealing with the decedent’s last illness

5.    Money and property held in trust by the decedent

6.    Debts due to Illinois state and local government

7.    All other claims

If you need help navigating the probate process, contact an Illinois Estate Planning Attorney today. Our firm serves many different towns in the northwest suburbs including Palatine, Des Plaines, and Rolling Meadows.

About the Author: Attorney Jay Andrew is founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.

Recent Posts


Illinois mortgages foreclosed rental property real estate attorneys Palatine punch death nursing home negligence Barrington personal injury attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Buffalo Grove employment lawyer estate planning attorney traffic accidents installment contracts Crystal Lake employment law attorney slip and fall accidents auto accidents Rolling Meadows personal injury attorney Des Plaines Illinois living will Des Plaines personal injury attorney Palatine personal injury lawyer wills and trusts probate process Inverness insurance attorney compensatory time Illinois traffic attorneys Fair Labor Standards Act Des Plaines medical malpractice attorney Crystal Lake traffic lawyer Palatine law firm personal injury accidents Illinois real estate lawyer Illinois pedestrian accident attorney Rolling Meadows boating crash lawyer Schaumburg estate planning attorney Palatine injury attorney comp time sexual images slip and fall Schaumburg personal injury attorney Illinois Wage Payment and Collection Act Palatine estate planning lawyer life insurance lawyer murder defense mass shooting Crystal Lake pedestrian accident lawyer pet law distracted driving accident victims medical malpractice claims Inverness real estate attorney car crash injuries motorcycle accident lawyer Rolling Meadows criminal law Whistleblower Claims Inverness estate planning lawyer insurance denials BAC Rolling Meadows employment law attorney living wills Illinois home inspection brain injury underfunded trust condo association Illinois traffic attorney Food and Drug Administration's Food Safety Modernization Act employee misclassification modern family estate planning BAIID child safety Barrington estate planning lawyer Policy Cancellation Arlington Heights employment law attorneys personal injury construction contracts Barrington criminal lawyer Rolling Meadows insurance dispute lawyers Inverness injury lawyer Deer Park accident attorney hit and run accident Arlington Heights employment attorney traumatic brain injury Illinois insurance lawyer Arlington Heights estate planning attorney dealing with problem employees Schaumburg wrongful death attorney Chicago insurance law firm Inverness traffic law firm Illinois Probate Act of 1975 Rolling Meadows Traffic Lawyer Barrington personal injury lawyer Illinois Smoke Detector Act Rolling Meadows Attorney Chicago employment lawyer Arlington Heights medical malpractice lawyer wills Arlington Heights real estate lawyer job lawyers Crystal Lake insurance lawyer residential real estate Attorney Ken Apicella independent contractor Illinois employment law attorney Schaumburg construction accident lawyer Deer Park workers compensation lawyer jet ski accidents Palatine construction attorney Transfer on Death Instrument TBI Home Sale Contingencies employee rights trench injuries suspended license Illinois construction accident attorney Illinois Arlington Heights personal injury attorney trust payments Crystal Lake medical malpractice attorneys estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois law Schaumburg drug defense lawyer spinal cord injuries Crystal Lake pet attorney Rolling Meadows personal injury lawyer Inverness probate lawyer caregiver denied insurance claims Palatine civil litigation lawyer construction accidents traffic tickets drug crimes Schaumburg real estate lawyer IRELA Illinois trusts attorney employment law estate tax pain and suffering insurance claim denial Buffalo Grove traffic lawyers forming a corporation in Illinois Rolling Meadows probate lawyer Deer Park criminal attorney estate planning trusts Illinois tax attorney drugs trusts Illinois employment attorneys Chicago estate planning lawyer irrevocable trust Rolling Meadows car accident lawyers DGAA traffic violations Deer Park traffic accident attorney employment lawyer commercial leasing Inverness personal injury attorney Schaumburg traffic lawyer trucking accidents Rolling Meadows insurance attorney Illinois registered agent Schaumburg criminal attorney Arlington Heights lawyer unfunded trust car crashes Barrington boating accident attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, South Barrington real estate attorney power of attorney for healthcare uninsured motorist Arlington Heights traffic attorney criminal record Buffalo Grove criminal defense lawyer Schaumburg medical malpractice lawyer capital gains tax Crystal Lake car accident lawyer Schaumburg employment law attorneys Palatine employment lawyer Rolling Meadows personal injury lawyers Detainer Actions traffic deaths pedestrian accident Des Plaines collections attorney Illinois Sales Representative Act murder charges Inverness DUI lawyer IRS Illinois medical malpractice case agent dog bites insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Des Plaines Traffic Lawyer Illinois traffic accident lawyer small business Illinois personal injury attorney Illinois insurance claim attorney health insurance dispute Palatine workers compensation lawyer Deer Park medical malpractice attorney Inverness civil lawyer Crystal Lake employment attorney elder abuse insurance negligence Rolling Meadows business lawyer Buffalo Grove real estate attorney Schaumburg elder law lawyer Thanksgiving Fourth of July Long Grove real estate attorney paid sick leave personal injury claim overtime violations income distribution deducation Palatine employment attorney controlled substance vacation home fines drug possession Joliet general practice lawyers Schaumburg car accident attorney Barrington litigation attorney pet bites employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois attorney Buffalo Grove traffic attorney Arlington Heights Traffic Lawyer civil rights violation license reinstatement financial advisors Rolling Meadows corporate lawyer Rolling Meadows litigation lawyer Illinois small business insurance claim dispute estate planning for college students Palatine real estate lawyer Crystal Lake medical malpractice law firm defective products traffic laws insurance denial appeals deadly crashes insurance claim delay Schaumburg personal injury lawyers field sobriety test South Barrington real estate lawyer boating DUI employment law, Illinois employment laws Illinois medical malpractice attorney Barrington employment attorney probate claims process Rolling Meadows insurance lawyer Kenilworth estate planning attorneys Illinois lawyer criminal defense DNR workers comp Arlington Heights pedestrian accidents blended families Illinois insurance dispute lawyers unauthorized overtime first degree murder operating agreements Palatine business attorney Illinois DUI attorney Schaumburg probate attorney Barrington attorney privacy trauma after an accident jet ski Buffalo Grove medical malpractice lawyers loopholes liability claims Kenilworth estate planning attorney criminal Barrington employment law firm insurance dispute wrongful death Rolling Meadows criminal attorney Des Plaines claims law firm fatal car accidents Deer Park employment law attorney product liability homestead rights Palatine Attorney Illinois injury lawyer Arlington Heights accident attorney Illinois insurance claim dispute lawyers Buffalo Grove corporate attorney overtime pay appealing an insurance claim preventable medical errors condo minimum wage estate plan Buffalo Grove probate lawyer Illinois wills and trusts car collision underage DUI wrongful termination DUI Deer Park traffic lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys clemency Arlington Heights wills and trusts lawyers Crystal Lake personal injury lawyer marijuana crimes attorney IRA trust transfer manufacturing Colin H. Gilbert problem employees Rolling Meadows marijuana attorney Illinois estate planning attorney Rolling Meadows medical malpractice lawyers LLCs real estate contract swimming pools mortgage Schaumburg corporate attorney Long Grove estate planning Arlington Heights tax lawyer liability traumatic brain injuries Long Grove wills and trusts attorneys Rolling Meadows tax attorney special needs trust medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois employment lawyer fault based insurance Rolling Meadows traffic law firm DUI defense defective products lawyer crossover accidents Rolling Meadows employment attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace accidental death benefits Illinois pet lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois insurance claims lawyers pregnant women Crystal Lake will lawyer Arlington Heights criminal lawyer llinois Real Estate Lawyers Association Des Plaines real estate attorney texting while driving attorney fees Palatine traffic accidents Buffalo Grove car accident lawyer elder law startup company subcontractor estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers living trust Illinois rollover accident lawyers Schaumburg injury lawyer Chicago estate planning living trust vs will personal injury attorney liens probate claims living trust benefits healthcare claims employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, personal injury lawyer products liability Illinois corporate lawyer workplace sexual harassment Chicago lawyer Schaumburg civil litigation attorney Illinois red light cameras unpaid overtime Barrington estate planning attorney probate lawyer new real estate form Illinois jet ski accident lawyer healthcare privacy laws Chicago trucking accident attorney Des Plaines drug lawyer bad faith insurance claims Schaumburg employment attorney Illinois employment law firm denied insurance claim pedestrian injuries, pedestrian fatality contracts Arlington Heights car crash attorneys Barrington business law firm Des Plaines insurance attorney insurance agent negligence wage theft Rolling Meadows real estate attorney drug crime hands free device Illinois business lawyer IRA benefits gift taxes real estate lawyer Crystal Lake business law attorneys Barrington Illinois estate planning lawyer Illinois Workers’ Compensation Commission Legal Info Rolling Meadows drug defense attorney medical research rent to own real estate contracts Deer Park DUI lawyer insurance claim Des Plaines personal injury lawyer truck collisions Palatine employment law lawyer reckless homicide power of attorney Crystal Lake traffic attorney ACA revenge porn BUI Jay Andrew Mt Prospect Attorney Liquor Control Act Arlington Heights injury attorney bike accident Chicago traffic lawyer denial of life insurance anesthesia errors digital media accounts, estate planning, Arlington Heights estate planning attorney, disability benefits insurance attorney Long Grove real estate lawyer Do Not Resuscitate fiduciary rule delay Rolling Meadows employment law attorneys Des Plaines personal injury lawyers Palatine elder law attorney estate attorney Chicago corporate attorney business litigation employment contract Illinois workplace lawyer landlord Barrington medical malpractice lawyers DMV Chicago employment attorney driving cell phone accidents Illinois medical malpractice claim Illinois real estate insurance adjusters Illinois personal injury lawyers Schaumburg criminal law attorney medical malpractice Arlington Heights insurance attorney Family Medical Leave Act Rolling Meadows traffic attorney Rolling Meadows accident lawyer digital assets Illinois bicycle safety institutional trustee Deer Park motorcycle accident lawyer Rolling Meadows estate planning attorney Mount Prospect real estate lawyer probate pizza emoji Illinois job attorney personal injury law firm Chicago biking tips Crystal Lake estate planning lawyer breach of contract Crystal Lake civil litigation lawyer Schaumburg digital information real estate closing Crystal Lake car accident attorney Palatine civil attorney sole proprietorship unpaid assessment Chicago insurance claim attorneys Exclusions traffic offenses Illinois trucking safety Crystal Lake law firm Des Plaines DUI attorney eluding a police officer Mount Prospect elder law attorney social media after death Illinois wills and trusts attorneys Des Plaines real estate lawyer Illinois personal injury premises liability Illinois estate planning work unions GM ignition switches right to work breathalyzer test Illinois insurance attorney trucking accident lawyers landlord tenant law employees Arlington Heights wills and trusts attorney internet insurance claim dispute attorney pay when paid contract surgical mistakes Illinois traffic ticket lawyer Long Grove estate planning attorney rumble strips Illinois insurance disputes preventing accidents Schaumburg personal injury lawyer sexual harassment Buffalo Grove personal injury lawyer Crystal Lake tax lawyer home inspection lawyer motorcycle accident Barrington real estate lawyer Palatine probate lawyer Crystal Lake accident attorney FMLA federal crimes Illinois motorcycle accident lawyer license revocation pedestrian-automobile accident deed transfer Illinois employment laws texting and driving PTSD in terrorem provision estate planning Illinois employee rights attorney. Inverness accident lawyer insurance agents life insurance policy gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys golf accidents Palatine insurance lawyer marijuana no contest clauses Crystal Lake bike accident lawyer low-ball insurance settlement Illinois personal injury lawyer real estate attorney car accident lawyer Illinois driving without license Rolling Meadows insurance dispute lawyers, insurance dispute spinal cord injury Crystal lake insurance dispute attorney Illinois employment law attorneys Schaumburg estate attorney expungement Illinois Transfer on Death Instrument real estate leasing blood alcohol content Illinois medical malpractice lawyers Barrington Traffic Lawyer dynasty trusts Rolling Meadows criminal lawyer rest breaks corporate law icy parking lots real estate zoning cell phone tower data Schaumburg estate planning lawyer School Visitation Rights Act probate fees POA car accident lawyers Buffalo Grove insurance claim dispute lawyers Chicago car accident lawyer Arlington Heights personal injury lawyer FSLA insurance disputes caretaker rights investment property Arlington Heights wills and trusts attorneys Des Plaines pet law attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys hiring employees Illinois elder law attorney creditors commercial leases insurance dispute attorney Inverness corporate attorney Des Plaines criminal attorney Illinois estate planning law firm Buffalo Grove injury lawyer owner responsibility cell phone Illinois civil litigation lawyer Affordable Care Act Deer Park real estate law firm Super Mario medication errors Illinois will lawyer fiduciary rule vacation home bicycle dooring accidents comparative negligence Crystal Lake employment lawyer Palatine criminal defense lawyer dram shop law Des Plaines injury law firm Class A misdemeanor bicycle accidents Barrington workers compensation attorney Des Plaines civil attorney Schaumburg insurance lawyers personal injury claims Home Remodeling Repair Act consent to a search civil litigation license suspension Inverness elder law lawyer automated cars car crash taxes filing a medical malpractice claim Riverwoods estate planning lawyer Landlord Tenant Ordinance Arlington Heights car accident lawyer college kids back injuries Illinois defective products attorney rollover car crashes Des Plaines tax law firm workers compensation benefits medical malpractice compensation Illinois employment law traffic crimes Arlington Heights wills and trusts lawyer underinsured motorist meal breaks head on collisions Buffalo Grove personal injury attorney Illinois workers compensation lawyer Arlington Heights trucking lawyer Mount Prospect wills and trusts lawyers workers compensation Illinois probate lawyer Kenilworth estate planning lawyer medical marijuana Arlington Heights TBI attorney Deer Park personal injury lawyer employee discrimination Crystal Lake injury attorney Illinois wrongful termination lawyer Palatine drug lawyer whistleblower protections Chicago will attorney Illinois boating accident lawyer commercial real estate drunk driving statistics federal regulations for LLCs Illinois collections attorney Illinois insurance claim dispute lawyer speeding employment attorney Rolling Meadows DUI lawyer murder Long Grove estate planning attorneys drunk driving Illinois Human Rights Act Barrington civil litigation attorney natural gas Barrington criminal defense lawyer digital evidence Des Plaines drug crimes lawyer car accident Illinois traffic laws Buffalo Grove law firm Palatine trusts lawyer car accidents life insurance claims boating under the influence Self-Directed IRA Accounts Palatine traffic lawyer ObamaCare senior citizens Illinois criminal defense attorney Palatine corporate attorney Colin Gilbert Crystal Lake criminal defense attorney loss of consortium Federal Food Drug and Cosmetic Act guardianship attorney Retaliatory Discharge Crystal Lake medical malpractice lawyer involuntary manslaughter boating accidents advance healthcare directive severance agreements foreclosure civil litigation attorney Chicago attorney insurance claim denials DUI penalities Des Plaines accident attorney estate planning lawyer Illinois LLC creation Des Plaines motorcycle accident attorney Illinois speeding lawyer food poisoning trustee distracted driving accidents insurance claims Barrington injury attorney Employment Discrimination Law rollover accidents Crystal Lake personal injury attorney pedestrian accidents CAM Arlington Heights Attorney Illinois business law atorneys Forcible Entry real estate Illinois car accident attorney Illinois workers compensation attorney Illinois workplace discrimination attorney ken apicella Barrington employment law attorney drug crimes lawyer traffic violations defense Barrington drug crime attorney life insurance Inverness real estate lawyer DUI attorney tax attorney Schaumburg Attorney holiday statistics license changes to mortgage law natural gas explosion Palatine corporate law attorneys