Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Overview of Illinois’ Creditor Notice Rules
Under the Illinois Probate Act, 755 ILCS 5/18, a personal representative must notify creditors—including medical debt collectors—both by publication and by direct mail. These steps ensure the estate can close without unresolved liabilities.
1. Notice by Publication
The representative must publish a notice to creditors once a week for three consecutive weeks in a newspaper of general circulation in the county where probate takes place. The first publication must occur within 30 days after the issuance of letters of office (755 ILCS 5/18(a)).
- Include the decedent’s name and date of death.
- State the case number and court location.
- Provide the name and address of the personal representative.
- Specify the deadline for filing claims.
2. Notice by Mail to Known Creditors
Within 30 days after the first publication (or within 5 days of issuing letters, whichever is later), the representative must mail the notice to each known creditor by certified or registered mail, return receipt requested (755 ILCS 5/18(c)(1)).
“Known creditors” include anyone with actual notice of a debt, such as hospitals, healthcare providers, and collection agencies.
3. Deadlines for Filing Claims
Creditors must file a written, verified claim with the circuit court clerk and serve a copy on the personal representative. Illinois law bars claims filed after the later of:
- Six months from the date of first publication of the notice to creditors; or
- Three months from the date the notice is mailed to known creditors (755 ILCS 5/18(c)(2)).
After these deadlines, an estate generally discharges barred claims.
4. Special Rule for Unknown Creditors
Creditors who do not receive actual notice and remain unknown to the representative typically have up to two years from the date of the decedent’s death to present a claim.
Helpful Hints
- Keep an organized list of medical providers and other potential creditors.
- Retain certified mail receipts and publication affidavits to prove compliance.
- Monitor deadlines closely; a late claim is usually unrecoverable.
- Consider consulting a probate attorney to handle notice and filing procedures.
- Verify the accuracy of debts with medical debt collectors before approving claims.