DGAA bLAWg

The Illinois Will Probate Process: Settling an Estate

Web Admin - Friday, September 21, 2018
Arlington Heights estate planning probate lawyerThe passing of assets from one generation to the next is a long-standing tradition, typically governed by a written will. When a person with a large estate dies, a legal process called probate ensures that the terms of the will are properly carried out. The process of probating a will in Illinois is controlled by the Illinois Probate Act and the rules of the circuit court in the decedent’s county of residence.

When an Illinois Will Must Go Through Probate


An Illinois estate must be probated when its total value exceeds $100,000 (excluding jointly-held properties and accounts with named beneficiaries, which transfer automatically upon death).

The Process to Probate a Will in Illinois


1. Petition for Probate - The first step is to file a Petition for Probate with the circuit court. This petition includes the will itself, the current estimated value of the estate, the names and addresses of heirs, and other information necessary to begin settling the estate. The executor named in the will or their appointed attorney must file this petition within 30 days of the decedent’s death and send copies to all heirs.

2. Hearing to Open Probate - The court will conduct a short hearing to officially validate the will and admit the will to probate. At the hearing, heirs may enter their objections to any part of the petition, such as the validity of the will itself, the person(s) designated to administer the estate, or the person(s) designated to act as personal fiduciaries for any underage or disabled heirs. The court will approve the executor and issue letters testamentary that authorize the executor to act on behalf of the estate.

3. Inventory of Assets - The executor has the responsibility to locate and secure all assets of the estate. A written inventory must be made, listing all bank and investment accounts, real estate, and personal property of significant value. Appraisals may be necessary to establish date of death” values for each piece of real and personal property.

4. Payment of Debts and Taxes - The executor must notify all creditors of the decedent and pay outstanding bills, including property taxes and any other expenses necessary to protect the assets of the estate. The estate must remain open for at least six months to ensure that all creditors are identified and paid. The executor must also file final state and federal tax returns for the decedent.

5. Petition for Distribution of the Estate - Upon conclusion of the prior steps, the executor must provide an accounting of their work on the estate, including all receipts and disbursements. The executor will then ask the court for permission to distribute the remainder of the estate according to the terms of the will. (When there is no question that the estate contains more than sufficient funds to pay off all debts, some distribution of assets may occur before the final accounting.) 

Consult a Palatine Estate Planning Lawyer


Ensure that your hard-earned assets are distributed to your heirs according to your wishes. An experienced Barrington estate planning attorney at Drost, Gilbert, Andrew & Apicella, LLC can help you develop an estate plan that will meet your specific goals and, after your death, ensure that your will is probated efficiently. Contact us at 847-934-6000.

About the Author: Attorney Jay Andrew is a 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.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60
http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/ProbateDivision/Part12RulesoftheCircuitCourt.aspx

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


Tags

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

Archive