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