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FAQs / Probate Creditor Claims / Debts

Am I responsible for my deceased parent or spouse’s bills?

When a family member passes away, whether foreseen or by accident, the collateral damage can be straining. It isn’t unusually for potential creditors to attempt to coerce family members to pay off the bills or debts that were accrued by the decedent during life.

With regard to the decedent’s creditors, it’s important to know that family members or beneficiaries are not responsible for paying off the decedent’s debts. As long as the bills were in the sole name of the decedent, the correct procedure is for the creditors to file claims in the estate during the 90-day credit period. Depending upon the supporting documentation for the claim, the personal representative will be able to object to, negotiate or otherwise settle the claim on behalf of the estate. Only valid claims will be paid, and those claims are only entitled to be satisfied utilizing probate assets. It’s important that family members do not pay creditors from their own personal funds, unless there is a particular reason to do so. If there are no probate assets to enter the estate, the estate is considered insolvent and all creditors go unpaid.

There are certain expenses that beneficiaries should consider keeping current throughout the probate proceedings, even prior to opening the estate. Examples of these types of expenses include:

1.) Insurance premiums for homeowner or car insurance
2.) Electricity and utilities associated with real estate owned by the decedent
3.) Past due mortgage, COA or HOA fees (only to prevent foreclosure)

Check out our Creditor Claims page for more information.

If you are unsure how to handle the debt of a loved one who has passed away, contact the experienced probate administration attorneys at Florida Probate Law Firm in Boca Raton.

Probate Creditor Claims / Debts FAQs

  • Am I responsible for my deceased parent or spouse’s bills?
  • A creditor has filed a creditor’s claim. What do I do now?
  • Does the probate judge have to approve creditor claims?

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