Claim Against Estate File Format 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.
Claims against a decedent's estate must be filed in the Probate Division within two (2) months after the date of the first published notice of Letters Testamentary or of Administration. Once the claim is received, it will be set for hearing. YOU MUST BE PRESENT FOR THE HEARING or your claim will be denied.
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.
The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died. If a claim is filed and it is timely, the court will not close the matter until the claim has been satisfied or the personal representative shows that funds are not sufficient to cover it.
How to fill out a small estate affidavit in Illinois Fill in your name and information in #1. Complete the information about the decedent in #2-4. Mark either #7a or #7b depending on what is true. Complete #9a to indicate the names of the spouse and children if any.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.
Assets can be distributed at death in several ways, such as with a beneficiary designation, through a jointly held account, by probate, or a trust. Each method of transfer has advantages as well as important considerations.
