What Happens When an Estate Is Insolvent in Illinois?
Enter the estate's assets and the claims in each class of Illinois's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Illinois then pays the claims in 7 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs out755 ILCS 5/18-10; 5/18-13Verified Sep 23, 2026View source.
1. Funeral and burial expenses, expenses of administration, statutory custodial claims, and final guardianship fees and costs as determined by the court755 ILCS 5/18-10 (1st)Verified Sep 23, 2026View source. 2. The surviving spouse's or child's award755 ILCS 5/18-10 (2nd)Verified Sep 23, 2026View source. 3. Debts due the United States755 ILCS 5/18-10 (3rd)Verified Sep 23, 2026View source. 4. Reasonable and necessary medical, hospital, and nursing home expenses for the decedent's care during the year immediately preceding death; money due the decedent's employees, up to $800 per claimant, for services rendered within 4 months before death755 ILCS 5/18-10 (4th)Verified Sep 23, 2026View source. 5. Money and property received or held in trust by the decedent that cannot be identified or traced755 ILCS 5/18-10 (5th)Verified Sep 23, 2026View source. 6. Debts due the State of Illinois and any Illinois county, township, city, town, village or school district755 ILCS 5/18-10 (6th)Verified Sep 23, 2026View source. 7. All other claims755 ILCS 5/18-10 (7th)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owed755 ILCS 5/18-13Verified Sep 23, 2026View source.
Illinois's statutes state no rule on the executor's personal liability for the decedent's debts, paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
A person named in the will files a written declination with the court (755 ILCS 5/6-3(a); Cook County CCP 0309 (12/01/24)). Renunciation of Executor for Illinois
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