Taxation & Estate Planning

Filing a Claim in Cook County, Illinois

By Joel A. Schoenmeyer

1. Bring the following to Room 1201 of the Daley Center (50 West Washington Street, Chicago):

a. Your checkbook
b. Original claim form, completed and signed by your client (note that claim form should include both pages of this form)
c. Two (or more) copies of the original claim form

2. The attorney should complete page 2 of the form to show that the required notice to the personal representative and his or her attorney has been sent the day the claim is filed (see below).

3. Go to the desk marked "Claims." The clerk will review your claim form and (hopefully) approve it. The clerk will then give you a receipt, and send you to the cashier.

4. Pay the cashier and bring proof of payment back to the "Claims" desk.

5. The clerk will then file your original claim, and stamp your copies as filed. You will also get a court date and time, which you should fill in on all of your copies.

6. Send copies of the claim to the personal representative and his or her attorney, the same day as the filing. (Yes, I know this seems strange, that you would fill out a form saying you have given notice before you actually have. But I don't see any other way to do it. The statute (755 ILCS 5/18-1(b)) says you send notice within 10 days AFTER the claim has been filed, but the clerks don't seem to accept a claim for filing unless it shows that the claim has already been filed. Ah, Chicago!)

Full post as published by Death and Taxes Blog on June 02, 2009 (boomark / email).