How Are Estate Creditors Handled?

As part of the probate process, creditors are notified of the death. They must file a claim for the amounts due. If the claim is approved by the executor, the bill is paid out of the estate. If the claim is rejected, creditors must sue for payment.

If there are insufficient funds to pay debts, states have statutes of one kind or another establishing who gets paid first. Executors most likely will commence selling property to pay off approved creditor claims. Any claims remaining are pro-rated.

If you or a loved one is in need of legal assistance, call Paulson & Paulson, P.L.C. at our Virginia Beach office by dialing (757) 481-6600 or our Arlington office by dialing (571) 970-3317 or submit an online questionnaire.

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