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

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

Archive