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How Do an Estate's Debts Get Paid?
- June 23rd, 2015
An executor is the person responsible for managing the administration of a deceased person's estate. One of the executor's main jobs is to pay people or institutions to whom the estate owes money -- the estate's creditors. This can be an overwhelming task, especially when dealing with the death of a loved one, but it is important to follow the right procedures to avoid unnecessary problems and expenses.
The first step the executor must take is to notify creditors. State law prescribes the proper way to provide notice to potential creditors of an estate. A common method of notifying unknown creditors is to publish a notice about the death in a local newspaper. In addition, the executor may be required to search through the deceased's papers, looking for creditors. If creditors are known, the executor may have to give them actual notice by mailing a copy of the notice.
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Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
Creditors have a certain amount of time after the death to file a claim with the estate. This time period varies from state to state (for example, in Pennsylvania, creditors have a year in which to file a claim, while in North Carolina creditors have only 90 days). Note however that many states have exceptions to the time limit for some claims, such as federal and state taxes or liens on property. Once a claim is filed, the executor can accept or reject the claim. If a claim is rejected, the creditor has the option to sue the estate.
Every state sets the priority according to which claims must be paid. The estate’s beneficiaries only get paid once all the creditor claims have been satisfied. Usually, estate administration fees, funeral expenses, support payments, and taxes have priority over other claims. All creditors in a certain group must be paid before creditors in the next priority group can be paid. If there aren't enough funds to pay all the creditors in one group, then the payments are prorated among the creditors. If the estate doesn't have enough money to pay all of its claims, the executor must declare the estate insolvent.
Dealing with creditor claims can be complicated. If you make mistakes as executor, it can lead to you being personally liable. It is important to have a good attorney to assist you.
For more information about estate administration, click here.
Last Modified: 06/23/2015