Legal Question in Wills and Trusts in Illinois

I strongly recommend that you talk to an attorney before you talk to the creditor. Feel free to call me. I won't charge for the phone call.

"Estate asset" generally refers to assets that would be part of a decedent's probate estate - assets held in a decedent's sole name.

For an unsecured creditor to be paid, the creditor has to properly file a claim against the probate estate, and if the claim is allowed, it can be paid out of all available estate assets after higher priority creditors are paid, assuming sufficient funds remain.

There are very strict time limits and procedures for filing estate claims, so if that is what you are pursuing you should contact an attorney ASAP.

There is much more involved than your question reveals but taking your question on its face, the answer is "yes"--the creditors can make claims against estate assets. They do not need to be in the form of a secured claim against real estate. But the fact that the creditor has a claim does not mean the administrator has a duty to pay it. You need to consult with an attorney.