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Illinois Probate Act 755 ILCS 5/18-8: Claim of Representative or His Attorney

The representative of a decedent’s estate has many responsibilities with respect to winding up the estate. Once such responsibility is to distribute assets to the beneficiaries named in the decedent’s will or to the decedent’s heirs under Illinois’ rules of intestate succession. However, before assets can be distributed, the representative is required to pay estate debts and resolve claims filed against the estate. Typically the representative of an estate is a relative, close friend, business associate, or attorney of the decedent. As a result, there are instances in which the representative finds that he or she must file a claim against the estate to resolve an outstanding issue with the decedent. To learn more about the rules associated with resolving claims against an estate, including the requirements of the Illinois Probate Act, section 18-8- Claim of representative or his attorney, contact a skilled Chicago estate litigation lawyer at the Law Offices of Stephen Bilkis & Associates.

Claims Against an Estate

A claim against the estate of a decedent can be in contract or in tort. In addition, Illinois Probate Law allows a third type of claim called a statutory custodial claim.

  • Contract claim. A contract claim is one that is based on a disagreement over a contract where the claimant believes that the decedent failed to fulfill his or her obligations under the contract. For example, if the decedent failed to pay for work that the claimant did on the decedent’s house, then the claimant’s recourse would be the file a claim against the estate.
  • Tort claim. A tort claim is based on a claim that the decedent’s negligence or intentional act resulted in harm to a person or to property. For example, a car accident or a medical malpractice claim would be tort claims.
  • Statutory custodial claim. A statutory custodial claim is based on a provision of the Probate Act that gives a spouse, parent, brother, sister, or child of a person with a disability the right to file a claim against the estate of the person with a disability. The law allows such a person to claim a statutory sum for the estate of the deceased disabled person.

For information about how to file a claim, contact an experienced estate litigation attorney in Chicago.

Role of Representative in the Claims Process

When someone files a claim against an estate, the representative stands in the place of the decedent and must defend the estate. Thus, the claimant must make sure that the representative receives a copy of the claim. In turn, the representative or his or her attorney must respond. Essentially, the representative is inextricably involved with any claim filed against an estate.

Under Illinois Probate Act, section 18-8- Claim of representative or his attorney, if a representative or the representative's attorney has a claim against the estate, he or she has the right to file such a claim just like any other claimant. However, the court would likely appoint a special administrator to represent the estate in the matter.

Effect of Successful Claims on the Distributions

Whether the claim is filed by the representative of by another claimant, if a claim against the estate is successful, the claim must be paid from estate assets. When money is paid out of the estate, there is an impact on the amount of property available to distribute to beneficiaries and heirs because distributions can only be made from the estate after debts, claims, and expenses are paid. If the estate does not have sufficient assets to pay all claims as well as all distributions, the amount of distribution to each beneficiary may be reduced in order to ensure that claimants are paid. If you have questions related to the affect that claims on estate have on distributions, contact a Chicago estate litigation lawyer.

Related Statutory Provisions
  1. Filing of claims - mailing or delivery of copies: Illinois Probate Act, 755 ILCS 5/18-1
  2. Statutory custodial claim: Illinois Probate Act, 755 ILCS 5/18-1.1
  3. Claim form: Illinois Probate Act, 755 ILCS 5/18-2
  4. Notice - Publication: Illinois Probate Act, 755 ILCS 5/18-3
Illinois Probate Act, Section 18-8- Claim of Representative or His Attorney

If a representative or the representative's attorney has a claim against the estate, that person must file a claim as other persons and the court may appoint a special administrator to appear and defend for the estate. The court may permit the special administrator to prosecute or defend an appeal from the allowance or disallowance of the claim. In the administration of the estate of a person with a disability, notice of the claim of a representative or his or her attorney shall be given by mail or in person to the ward and to all other representatives of the ward's person or estate, within 10 days of filing.

Contact the Law Offices of Stephen Bilkis & Associates

If you have an interest in an estate against which a claim has been filed, the experienced estate litigation attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates can help. We have decades of experience representing clients in matters related to settling estates, estate litigation, disputes with creditors, and understand the intricacies of Illinois estate law including the requirements of the Illinois Probate Act, section 18-8- Claim of representative or his attorney. Contact an attorney in our office attorneys at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve individuals throughout Chicago.

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