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What is the Statute of Limitations for Claims Against an Estate in Illinois?
Article written by Illinois & Iowa Attorney Kevin O’Flaherty
In this article, we’ll discuss the statute of limitations for probate claims in Illinois. We’ll discuss the different claims bar dates applicable to a decedent’s estate in Illinois and what stipulations may affect the claims bar dates, if it’s possible to override the statute of limitations, and what happens if a claimant files a claim but the representative disallows the claim.
When a person dies and their estate enters into probate creditors will have the opportunity to file a claim against the estate. Anyone who has an action against the decedent may file a claim against the estate, including claims for breach of contract, torts, collection of a debt, and any other types of liabilities. Generally, the statute of limitations for probate claims in Illinois provides that a collector has up to two years following the death of the person in question to file a claim against the estate. However, the representative of the estate can shorten the two years window by following the correct steps and making their best efforts to notify the creditors. Below are the various claims bar dates depending on the relationship between the creditor, decedent, and representative.
