DGAA bLAWg

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

Archive