When a loved one passes away, their estate typically goes through probate. One key question many people have is who is responsible for paying the deceased person’s debts. The answer is important for heirs and beneficiaries to understand because it affects how assets get distributed.
Estate responsibility
The probate process begins with identifying the assets and debts of the deceased person. The court or the will appoints the executor to manage the estate. The executor must pay the debts before distributing any remaining assets to the beneficiaries. The estate, not individual family members, takes responsibility for settling the debts.
Paying off debts from estate funds
The executor will use the estate’s liquid assets, such as bank accounts, real estate, or other assets, to pay debts. They will cover expenses like credit card balances, medical bills, and loans. If the estate has enough assets, it will pay off all the debts. If the estate lacks sufficient funds, partial payments may get made.
What if there aren’t enough funds?
If the estate doesn’t have enough funds to cover the debts, the executor will prioritize payments based on Georgia law. The law directs that certain debts, like funeral expenses and taxes, get paid first, followed by other obligations. In some cases, creditors may forgive part of the debt. Beneficiaries and heirs won’t personally owe any outstanding debts since the estate pays them.
In some cases, the executor might need to sell property or liquidate assets to pay off debts. The court may oversee this process to ensure fairness to all parties involved.
Final distribution of assets
Once the debts get settled, the executor can distribute the remaining assets to the heirs or beneficiaries according to the will or Georgia law. This step typically concludes the probate process. Beneficiaries will receive their inheritance after the estate satisfies debts and other financial obligations.
In Georgia, the estate, not family members or heirs, must pay the deceased person’s debts. Understanding how this works helps manage expectations and ensures the probate process runs smoothly.
