Claim Against Estate File Formal In Cook
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For administrative or procedural inquiries, contact Joseph Fleming at (312) 603-7546 or joseph.fleming@cookcountyil or the Probate Division Staff Attorney at (312) 603-7545 or probate.divatty@cookcountyil.
In this article... In the state of Illinois, a strict statute of limitations governs the filing period for claims against an estate in probate court. Creditors have exactly two years from the date of death to file their claim.
When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
An interested person, usually a family member, files a petition with. the Probate Court asking that an "administrator" be appointed, that the Court determine the heirs, and that an estate be opened. Notice of the presentation of that petition and the hearing must be given in writing to close relatives.
At the Clerk of the Circuit Court, we are dedicated to service the public courteously and efficiently. We would like to know if we are succeeding and how we might do better. If you would like to send a comment or suggestion, please email us at CCCWebsite@cookcountycourt.
While this is a general framework, the Illinois probate process can take six months to two years or even longer. Factors like estate complexity, court backlog, and the cooperation of heirs influence the length of probate in Illinois. Simple estates with few assets and a valid will progress faster.
The Petition for Letters of Office is the proposed representative's (called the “petitioner”) formal request that the court appoint him or her as representative of the decedent's estate. It is generally the first step in the formal probate process in Illinois.
