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

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

Archive