Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
When a person dies in Illinois, the personal representative (executor or administrator) must notify creditors and handle their claims according to the Illinois Probate Act of 1975 (755 ILCS 5). The process typically includes the following steps:
1. Appointment of a Personal Representative
An interested party files a petition and death certificate with the probate court. The court appoints a personal representative and issues letters of office, granting authority to manage the estate.
2. Identifying Known Creditors
The personal representative reviews the decedent’s files—bills, account statements, contracts—to create a list of known creditors.
3. Notifying Known Creditors
The personal representative sends each known creditor a written notice within 30 days of receiving letters of office. The notice informs them that the estate is open and provides a deadline to file a claim. See 755 ILCS 5/18-4 (Notice to Creditors).
4. Publishing Notice to Unknown Creditors
The representative publishes a notice in a newspaper in the county where the decedent lived. The notice runs once a week for three consecutive weeks. This alerts creditors who weren’t individually notified. See 755 ILCS 5/18-3 (Publication Requirements).
5. Filing and Reviewing Claims
Creditors have six months from the date of first publication—or 30 days after receiving notice—to file a claim with the probate court. The personal representative reviews each claim for accuracy and completeness.
6. Allowing or Contesting Claims
The personal representative allows valid claims and pays them from estate assets. To contest a claim, the representative files an objection in probate court. The court resolves any disputed claims.
7. Final Accounting and Distribution
After settling claims, the personal representative files a final accounting with the court. Once the court approves, the representative distributes remaining assets to heirs or beneficiaries.
Helpful Hints
- Keep precise records of all notices, mailings, and publications.
- Use certified mail with return receipt for known creditors.
- Track publication dates to ensure statutory compliance.
- Review local probate court rules for additional requirements.
- Consult a probate attorney if creditors dispute claims or if the estate is complex.