Illinois Objection to Allowed Claim in Accounting

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Multi-State
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US-02653BG
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Description

Any interested party in an estate of a decedent generally has the right to make objections to the accounting of the executor, the compensation paid or
proposed to be paid, or the proposed distribution of assets. Such objections must be filed within within a certain period of time from the date of service of the Petition for approval of the accounting.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under the Illinois Court of Claims Act, you have: One year from the date of your injury to file notice with the Attorney General and Court of Claims, or. One year from the date of your accident to file a lawsuit with the Court of Claims.

28-11. Closing the estate. (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an account to the court unless an interested person requests court accounting as in supervised administration.

Illinois law provides that all claims must be in writing. The written document must notify the administrator or executor of the estate as to the nature of the claim and the amount of money that the claimant is seeking.

In Illinois, an estate is its own separate legal entity and the courts have consistently held that only a licensed attorney can represent an estate in court. We've been in court on numerous occasions where a person will attempt to open an estate on their own, without an attorney, and the judges have refused to do so.

The statute of limitations for probate claims in Illinois provides that creditors have two years from the decedent's death to file a claim against the estate. However, the representative can shorten this period by providing notice to known and unknown creditors.

The executor immediately must publish a written notice in a newspaper within the county of the Probate Court to notify potential creditors of the existence of the estate and the necessity for their filing of written claims against the estate. The law in Illinois provides such creditors six months to file those claims.

A claim against the probate estate can either be filed with the court or mailed to the representative of the estate. Once the representative receives notice of the claim, he or she can either allow the claim or send a notice to the claimant informing them that they are ?disallowing? the claim.

The Estate Settlement Timeline: While there is no specific deadline for this in Illinois law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.

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Illinois Objection to Allowed Claim in Accounting