Executor’s Failure to Provide Notice to Creditors in Illinois Probate

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

This article asks the question “What happens if an executor or representative of an estate fails to provide notice of the decedent’s death to the decedent’s creditors?” We’ll also talk about what happens if the executor or representative has already distributed assets and a creditor files a claim.

As discussed in the article “Illinois Probate Claims Explained,” one of the duties of an executor or representative of an estate is to notify the potential creditors of the decedent’s estate. But what happens if the executor fails in this responsibility, intentional or otherwise? This legal situation often occurs when a claim is made after the 6-month window by a known creditor, and who did not receive a written notice and/or published notice, and whose claim is therefore not barred under the usual 6-month window.

Liability of the Representative or Executor

The Illinois Probate Act contains provisions that protect the representative from personal liability from failure to provide notice to the creditor if it is found that the representative acted in good faith in their attempt to notify the given creditor. If not outside the general statutory limitation of 2 years, or…