Probate FAQs

Welcome to our FAQ section, your go-to resource for all things probate-related. Whether you're seeking answers to basic questions or need guidance on complex topics like contesting a will or fulfilling duties as a personal representative, you'll find valuable insights and information here.

1. Beneficiary: Someone who inherits something from an estate with a will. A beneficiary is named in the will. 2. Codicil: A supplement to a will such as a document or rider that modifies or supersedes an existing provision of the will or creates a new provision. 3. Conservator: Someone appointed to manage the affairs of someone who is incompetent or unable to make decisions for themself. 4. Heir: Someone who inherits property when someone dies. An heir is someone who is not named as a beneficiary in the will but is a family member of the deceased by marriage or blood. This includes a spouse, child, parent, or, in some cases, more extended family. Intestate: Someone who dies without a legal will in places dies intestate. In this case, distribution of the estate’s assets is the responsibility of the probate court and completed according to state law. 5. Joint Tenancy With Rights of Survivorship: A type of joint property ownership that grants co-owners the right to a share of the home upon the death of a joint tenant. The interest of the deceased co-owner is automatically transferred to surviving co-owners. With regular joint tenancy ownership without right of survivorship, tenants in common have no right of survivorship unless the deceased co-owner specifically states that his or her interest in the property should be divided among surviving co-owners in a will. 6. Personal Representative (Executor or Executrix): A personal representative, also known as an executor or executrix is someone designated by a will to administer an estate and handle distribution of the estate’s assets to beneficiaries. 7. Probate: A court process in which a will is proved valid and a decedent’s estate is settled. 8. Probate Court: The state court under the judicial system that handles matters related to conservatorships, wills, and estates. 9. Tenancy in Common: A type of shared tenancy in which each tenant or owner has a separate interest in the property that can be transferred. 10. Testate: Someone who has died and left a valid will.

Probate Terminology

Where is probate handled?

Probate is handled by the probate court in the county and state in which the decedent lived as their primary residence at the time of death. Note that this refers to the decedent’s state of primary residence, not where they may have been living or vacationing when they passed away. Each state has its own name for its probate court. In many states, it’s simply called probate court but it may be called Surrogate’s Court (New York) or Superior Court, Probate Division (California).

If the estate is very small, is probate still required?

Probate isn’t required for many estates but it depends on both the value of the estate and the type of property. If the property in the estate is designed to pass to beneficiaries outside of probate, probate isn’t necessary. Many states also have a simplified probate process for small estates or allow probate to be skipped entirely. In California, probate is required if the value of the estate exceeds $150,000. In Texas, probate isn’t required for estates valued at $50,000 or less. Each state has its own rules on when probate can be skipped; sometimes there is a dollar cap on the estate value and rules on what type of assets affect the estate’s value for probate purposes. For example, Georgia doesn’t require full probate if there is no will, no debts are owed, and heirs agree on how property will be distributed. For small estates, two probate shortcuts may be available: Claiming property with an affidavit. This may be an option if the value of all assets except real estate is below a certain amount. Simplified court procedure. Many states have a simpler version of their probate that still involves the probate court but with less control over how the estate is settled.

How much does probate cost?

The cost of probate depends on many factors including: -State law -Local practices -The complexity of the estate -Whether a probate attorney is involved -Whether the will is challenged -Executor fees, if any -The cost of the surety bond As a general rule, probate can cost anywhere from 2% to 7% of the estate’s total value. The cost can be even higher with complex estates and especially if the will is contested. Many of these fees are set and can’t be changed or negotiated. Costs can depend greatly on your state. In some states like California, statutory attorney fees are set as a percentage of the estate’s gross value, not the net value which is usually lower. Only the following states have percentage fees allowed by statute: Arkansas, California, Florida, Iowa, Missouri, Montana, and Wyoming. In other states, probate attorneys may charge a flat fee or by the hour. With many professionals you will use, you may be able to negotiate a lower rate, however, even when the statute provides for a percentage fee.

Why is probate required?

Probate may seem like little more than a time-consuming and expensive endeavor, but there are many important reasons it exists. The purpose of probate is to protect the assets in an estate and ensure they go to the right beneficiaries or heirs while also ensuring creditors and taxes are paid. Probate is also designed to make sure a will is valid and the decedent’s true wishes are followed. Here are the most important things that probate accomplishes and why it’s required: 1. Legally transfers title or ownership of property and assets to beneficiaries and heirs. This ensures beneficiaries receive a clear title and no one can take out a mortgage or otherwise dispose of the property. 2. Ensures taxes owed by the decedent and/or the estate are paid, including taxes that become due when property in the estate is transferred. 3. Offers creditors an avenue for having debts paid. Probate creates a deadline for creditors to file claims. This protects beneficiaries and heirs from future claims and ensures debts are paid before assets are distributed to heirs and beneficiaries. 4. Safeguards assets to make sure they go to the beneficiaries and heirs. Otherwise, the property could be easily stolen or sold. 5. Ensures property and assets are distributed to the right people or organizations according to the decedent’s wishes. Probate can also avoid a variety of issues that may come up after someone dies. For example, it ensures beneficiaries are legally able to receive the assets they should receive and makes sure that the will is valid. Note that not all assets need to go through probate and probate isn’t necessary for all estates. This legal process can be avoided in many ways with different ownership and title options, for example, directly passing property and assets to heirs and beneficiaries without court oversight.

How is the probate process started?

Probate doesn’t begin automatically when someone passes away. When a will is identified, the executor named in the will can begin the probate process by filing a petition with the court to be officially acknowledged as the legal executor. The will and death certificate must also be filed. If there is no will, an administration process is started instead. A petition must still be filed with the probate court to appoint an administrator for the estate. Once this petition is filed, the court schedules a hearing to approve the appointed executive/administrator or listen to objections, if any. Notice of the hearing must be given to all beneficiaries and heirs of the decedent. Once an executive/administrator is approved, the probate case is opened with the court and the executive/administrator has the legal authority to act on behalf of the estate.

How long does probate usually take to complete?

As a general rule, the probate process takes 9 to 18 months. Some states like Texas and California have a simplified probate process for simple or small estates that don’t require much court oversight. With simplified probate, the process can be completed in weeks. However, probate can, on occasion, take 1-3 years or even longer. Many factors can affect the probate process. Probate may up to several years if any of these issues complicate probate: -The state’s probate court process. -Difficulty locating beneficiaries or heirs. -The number of beneficiaries and where they live. -A contest of the will by beneficiaries or heirs. -Real estate and property that can’t be sold easily. -Unsettled liens and claims against the estate. -Failing to notify creditors during the claim period. -A personal representative that fails to meet their legal obligations. -The estate is large enough to owe estate taxes.

How does the probate process work?

The probate process varies by state. Some states also have a simplified probate process for small or simple estates. As a general rule, however, probate goes through a series of steps designed to validate the will, and ensure its instructions are followed, (if there is a will), pay debts of the estate, and distribute remaining assets to the intended beneficiaries and heirs. Probate usually goes through the following steps: -If there is a will, it is submitted to the probate court. -Notice of Petition for Probate is published and a personal representative is appointed. The executor/administrator then files a formal petition with the court to probate the decedent’s estate. -Creditors may make claims against the estate for some time. -The personal representative identifies and gathers assets of the estate. These assets must be safeguarded and maintained. -When necessary, assets are liquidated to pay valid claims against the estate. -The personal representative files a final tax return. -A final petition is filed with the court to explain expenses, assets received and disbursed, how funds were used, and which debts were paid. -Once the petition is approved, assets are distributed to beneficiaries and heirs and the estate is settled. When someone dies without a will, probate is a bit different. In this case, an administrator will be appointed by the court. The administrator performs the same tasks as a personal representative or executor to identify heirs, locate and value assets and debts, and distribute assets. Most states will make a spouse or domestic partner the administrator or adult children. The estate’s assets will be distributed according to the state’s intestate succession laws.

What is Probate?

Probate is the legal procedure in which an estate is settled, debts are paid, and assets are distributed to beneficiaries or heirs. Probate, which is overseen by the state’s probate court, involves first proving a will is valid (if there is one) and then appointing someone who will administer the estate until it’s settled.

Do I need a probate lawyer?

There is almost never a legal requirement to use a lawyer during the probate process, although probate can be complex and very formal. Some states like Florida do require an attorney for the probate process. A missed deadline or failing to follow proper procedures can result in an executor being liable for mistakes or debts, for example. As a general rule, a probate lawyer is recommended for estates that are large or complex enough to require probate.

Who is legally responsible for handling probate?

When someone dies with a will, the personal representative or executor they name will be responsible for handling probate under the control of the state’s probate court, in most cases. When there is no will, the court will appoint an administrator who manages the estate and probate based on the state’s probate laws. In most states, the probate court maintains a great deal of oversight over the executor or administrator’s actions and requires permission to do certain activities like selling property.

Can there be more than one personal representative?

Is it required for the personal representative to live in the decedent’s state?

Each state has its own laws regarding personal representatives. In most states, it isn’t strictly necessary for the executor to live in the decedent’s state but it certainly makes the process easier and faster.

If I am named as the personal representative, do I have to accept?

Being an executor is a major job. If you are named an executor, you do not have to accept. If you agree to serve as the personal representative, you can also resign later if the job is too difficult. The alternate person named in the will can be appointed by the probate court if you refuse the job or the probate court can appoint someone else.

What are the main duties of a personal representative of an estate?

The executor has many responsibilities during probate. The personal representative’s primary duties include: -Identifying and creating an inventory of the assets of the estate -Determining which, if any, assets fall under probate -Receiving any payments due to the estate -Opening an estate checking account -Appraising or valuing estate assets -Determining who will receive what from the estate -Giving notice to potential creditors -Investigating claims against the estate -Paying outstanding debts and claims -Paying expenses to administer the estate -Handling paperwork which includes notifying -Social Security of the death, court documents, and discontinuing utilities -Distributing property and assets to beneficiaries -Filing final taxes

Are personal representatives usually paid?

There is no requirement that the executor be paid, but most receive compensation for the work they do. Personal expenses are always paid and the representative usually receives a fee of around 2% of the estate’s total value. In some states, this is mandated by law. The fee usually gets smaller as the estate’s value grows. Any funds paid to the executor must be approved by the probate court. In some circumstances, additional fees can be awarded.

What happens if the personal representative fails to perform their legal duties?

One of the reasons many people refuse to be an executor is the legal liability they face. An administrator or executor who does not perform their duties can face personal liability for any damages they cause. There are many circumstances in which an executor can be liable, such as selling assets without authority, mismanaging assets, failing to collect money due the estate, overpaying creditors, failing to file taxes on time, or distributing assets to the wrong beneficiaries. Any of these errors (and others) can cause the personal representative to face out-of-pocket costs.

Who can or can't be a personal representative of an estate?

As a general rule, anyone can be an executor if they are over 18. Some states bar felons from serving as executors. There may also be limits on out-of-state personal representatives who may need to be a primary beneficiary or obtain a bond. If the court needs to appoint a personal representative or an administrator, they typically choose from this list in the following order of priority: -The person named as the personal representative in the will -A surviving spouse who is a beneficiary -Other beneficiaries -Surviving spouse who is not a beneficiary -Other heirs -Someone chosen by a creditor and approved by a probate judge

When someone dies without a will, they have died “intestate.” This means the probate court will appoint a personal representative or administrator to identify estate assets, receive claims, pay creditors and taxes, and distribute property according to the state’s laws of intestate succession.

What happens during probate of an uncontested will?

The above process describing probate is the process when a will is uncontested. After the will is admitted to court, a hearing on the petition will be scheduled to allow potential heirs and beneficiaries to object. If no objections are received, the court appoints a personal representative. Depending on the state, a contest can still be filed until the estate is settled.

Who can legally contest a will?

A will can’t be contested by just anyone. Typically, only an “interested party” can challenge a will and only for valid reasons. There are three types of people who can challenge a will: -Beneficiaries of a previous will -Beneficiaries of a subsequent will -Intestate heirs Someone has standing to challenge a will if they are named in the will (or a previous will) or is not a named beneficiary but who would inherit or fail to inherit under the will if it’s deemed invalid. To make it more simple, you can only challenge the will if you were named or should have been or you can show you would have received something from the estate if the decedent had died intestate (without a will). Heirs are those who would inherit if the decedent died without a will under the state’s intestate succession laws and generally includes spouses, children, parents, siblings, and grandparents. Heirs (or potential heirs under intestate law) may challenge a will when they believe they were left out of the will or received a disproportionate share. For example, if a will excluded an adopted child or only left assets to three of four children, the children left out of the will may have a valid reason to challenge the will. When someone wants to disinherit someone or leave an heir out of the will, they will typically use a “no contest” clause. However, these clauses are usually not enforceable in most states.

What if someone objects to the will?

What is the basis for contesting a will?

If someone contests a will, it begins an often expensive and time-consuming legal process that may last months or years. During a will contest, the person who contests the will must show they have grounds and prove the grounds for contesting a will through testimony and evidence. The probate court will ultimately decide if the contest is successful or not, although many will contests settle before this happens.

There are two hurdles for a will to be contested: the individual must have standing to challenge the will and they must have a valid reason or basis for a will contest. In most states, there are just four legal grounds for contesting a will and they are all fairly difficult to prove. A will can be challenged under the basis that: 1. The will was not signed according to state law. This is one of the most common reasons a will is found invalid. 2. The testator did not have testamentary capacity for signing the will. This means the decedent did not understand the nature and value of their assets and the legal consequences of signing the will. 3. The testator was under undue influence. A will is not valid if the testator faced severe distress, extreme pressure, threats, or other forms of undue influence to sign. 4. The will was procured fraudulently or forged. This means the testator was tricked into signing the will or the will was forged.

How can a will be legally contested?

In most states, there is a limited time to legally contest a will. This time limit begins when someone receives the notice of probate. A claim must be filed with the probate court in the county in which the decedent died to contest a will. Depending on the state, contesting the will may require a deposition, submitting evidence during a discovery phase, and giving testimony to the court.

How can I find out if there is a will?

It can be difficult to determine if a decedent had a will if they did not inform the correct people. Hopefully, the person designated to serve as the executor was informed about the will and its location. In some cases, family members find the will first. In most states, the person who locates the will has a duty to submit it to the probate court within days of locating it. If the executor wasn’t informed of the will, looking for the attorney who may have drafted the will is the next step. Old bank statements or knowing the law firm the decedent used can be helpful. Immediate family members can get permission to look in secure areas like a safety deposit box (without removing contents) to find a will. Most people who create a will keep it somewhere they think people will find it — even if that’s not the case or it doesn’t happen for months. This may be with other important documents, in a safe, or in a bank safety deposit box.

What are the requirements for a will to be valid?

The requirements for a valid will vary somewhat by state, but the general requirements include: 1. Legal age. In most states, you must be at least 18 years old to make a binding will. In some states, the age limit is as low as 14 or 16 with exceptions for emancipated minors or when a minor has received a large inheritance. 2. Testamentary intent. This means you must be clear in expressing your intention for the document to function as a will. 3. Testamentary capacity. This means you must be of sound mind and are aware of your actions and the implications when the will is created. It’s a common misconception that someone with dementia can’t create a legally binding will, but they can if they are lucid when the will is made. In these cases, though, a letter from a doctor that confirms mental competence is a wise decision. 4. Signed. The will must be signed free of fraud, duress, or coercion. A representative can sign on your behalf if you are physically unable to sign the will. 5. Witnesses. In the vast majority of states, two adult witnesses must also sign the will. In some states, the witnesses must be disinterested which means they will not benefit from the will in any way.

After a will is created, can it be changed?

It’s important to keep a will up-to-date. If you wish to make changes to your will, you can create a new will or use a codicil to add changes to your existing will. Either a codicil or a new will require a signature and the signatures of two (or more) witnesses to be legally binding. A codicil is a good option if you want to make small changes. Creating a new will can clear up confusion and it’s more appropriate for larger changes like changing your beneficiaries.

Should a will have a separate list that inventories and bequeaths specific assets?

In general, it’s a good idea to create a list of specific items that will be bequeathed and to whom unless you want to leave all of your property to one person — or there are only a few items you wish to bequeath separately. When making gifts of specific items, it’s important to describe them as clearly as possible. The more detail, the easier it will be for the executor to identify and locate the property. By listing specific assets and personal property in your will, you can be sure property is passed on as you like. This can also help avoid disagreements among heirs and beneficiaries.

When should I make a will?

There is no specific age at which you should make a will. In fact, adults of any age can benefit from a will, even without significant assets. However, there are many circumstances in which you should start thinking about creating a will. If any of the following apply to you, a will is important: You are married. You have children, especially if you are married with children from a previous marriage you want to receive assets. You have savings, investments, real estate, or a positive net worth.

What happens if a person dies without a will?

What happens if a will cannot be found?

What happens next depends on the state and circumstances. If a will is missing because it was revoked by the decedent, an earlier will may be used or the state’s intestate succession laws may be used to determine how assets in the estate are distributed. In some cases, a photocopy of a will and evidence that the decedent signed the original may be accepted with proof that the original will was destroyed. If a will can’t be found and no one is sure there even was a will, the state’s intestate succession laws are used by default.

Is an out-of-state will valid?

As a general rule, a will should remain valid even after moving to a new state. However, states have their own laws on what makes a will valid and legally binding. These specific legal provisions can make an out-of-state will invalid, depending on the laws in each state. Even if the will is valid in the new state, certain parts of the will may become void or need to be changed. For example, Florida requires that the personal representative be related by blood or a degree of marriage or, failing this, be a Florida resident. Florida doesn’t recognize holographic (handwritten) or nuncupative (oral) wills but most states do.

Must a will be read aloud to the family by an attorney or personal representative?

The “reading of the will” depicted in so many movies and television shows are mostly fictional and never happens in modern times. This practice was only common in the past when many people were not literate. No state requires that the will be read aloud to anyone. Once the will is filed with the probate court, it becomes a public record and anyone, including the general public, can read it.

Are provisions for the care and guardianship of minor children usually provided for in a will?

How does “joint tenancy” affect a will?

Joint tenancy with right of survivorship is a legal ownership option that is often used to pass ownership of a home without a will. Just note that joint tenancy can’t replace a will; it will only apply to real property, not other assets. It simply avoids probate for real estate. With this ownership option, the surviving tenant or owner — usually a surviving spouse — becomes the sole owner of the property regardless of what is in a will and outside the probate process. With this type of ownership, the property is not part of the decedent’s estate and not subject to the probate process.

Are there any specific rules about how property can be disposed of?

Yes. The court won’t follow instructions that are deemed inappropriate. A judge can void a part or all of a will that goes against the law or is otherwise considered inappropriate. A will cannot, for example, terminate someone else’s legal rights or claims.

What happens when the person who dies owned land in multiple states?

In most cases, the laws of the decedent’s state of permanent residence will be used to solve probate issues, including issues involving the decedent’s property, no matter where it was located. However, in the case of out-of-state real estate, the laws of the other state may be used to determine who inherits the real estate if there was no will. When a will exists and is submitted to the decedent’s state of residence, it must usually be submitted to the state and county with jurisdiction over the real estate as well. This is called ancillary probate as two probates will occur together in separate states. In some states, a personal representative must be appointed who is a resident of the ancillary state which can complicate matters. When there is no will, probate is typically necessary in every state in which real property is located along with the decedent’s state of primary residence.

Is it necessary for all of the decedent’s property to go through probate?

No, but there must be a legal method used to transfer ownership and title of property to heirs and beneficiaries. In most states, some types of property can pass to certain beneficiaries outside of probate or with a simplified probate procedure. For example, real estate can pass to a surviving co-owner, usually a spouse, with joint tenancy with right of survivorship. Life insurance policies with a named beneficiary pass outside of probate. 401(k)s, IRAs, and other retirement accounts can be transferred to a named beneficiary or heir outside of probate automatically. Bank accounts may be set up with a payable on death designation to pass directly to named beneficiaries. Another option to bypass probate is a living trust which is a separate legal entity that holds title to property. Assets held by a living trust automatically pass to heirs or beneficiaries without going through probate.

Is selling a home in a probate sale different than a traditional real estate transaction?

Yes and no. It depends on the state, whether there is a will, and provisions in the will. In some states, the home can only be sold by the executor if necessary to pay valid debts of the estate and it must be done with oversight and approval of the probate court. In other states, the home can be sold as long as the will grants authority to the personal representative or as long as all heirs agree, regardless of the estate’s debts. The process can take longer than a traditional real estate sale and disclosures are usually very different, as the executor likely was not living in the home. There may also be additional clauses involved in a probate sale such as a requirement that the buyer wait for probate court confirmation. if there is no will or it is contested.

When can probate real estate be sold?

Real estate can only be sold during probate in specific cases. If there is no will, the court-appointed administrator may choose to sell the home and distribute the cash to heirs, especially if there are multiple heirs. There may be compelling reasons to stop this sale by an administrator, such as one sibling buying out the others to keep the home. If there was a will, the executor has more limited power to sell real estate. In most states, it depends on whether the will left the property to a beneficiary. If the will left the home to multiple beneficiaries, the executor can sell the home and distribute the proceeds equally among the beneficiaries. An executor can usually sell the home without the consent of the beneficiaries if the will does not disallow the sale or specify who should receive the home. Note: before real estate can be sold or even listed, the executor must be officially appointed by the probate court.

How does real estate ownership affect probate?

There are many ways to hold title to real estate, depending on the state. Real estate can avoid probate completely if it’s passed to survivors automatically with ownership options like a living trust, community property laws, a transfer-on-death deed, or joint ownership with right of survivorship. There are several things that can happen to a home if it needs to go through probate: -The real estate can be transferred to beneficiaries named in the will through probate. -The property can be transferred to heirs through intestate probate without a will. -The executor can sell the property through probate. With the right type of ownership, the home can bypass probate completely and go directly to beneficiaries.

What is the process for an executor to sell property?

First, an executor must be officially appointed by the probate court. From there, the process is typical of a real estate sale. The executor will usually have a home inspection done and hire a real estate agent. Some agents have a Certified Probate Real Estate Specialist certification which can be helpful in navigating a court-regulated probate sale. In some states, the home must be listed in the newspaper. Some states also have other specific rules governing probate sales. In California, for example, the home must be sold within a certain number of days. When there is no will or it’s contested, once an offer is received and accepted, there will be a waiting period to get a court date to finalize the sale. Some states even require complicated bidding on probate homes. Because selling a home in probate as an executor can be difficult with complex probate laws to follow, it’s usually advisable to work with a Certified Probate Real Estate Specialist who is experienced with probate sales.

How are creditors against an estate handled?

Creditors take priority before the estate’s assets and property are distributed to beneficiaries or heirs. Part of the probate process requires notifying creditors of the death. Depending on the state, this may involve a notice in the local newspaper or letters to each creditor. After the notification, creditors have a limited amount of time to file claims against the estate. This can be done by notifying the personal representative, notifying the probate court, or sending a bill, depending on the state. Claims approved by the personal representative or executor are paid from the estate. The personal representative can reject claims he or she believes are invalid in which case the creditor must sue. If the estate does not have enough money to pay legitimate debts, property may be sold to satisfy debts. Afterward, the personal representative or executor will determine who is repaid and in what order creditors are paid based on state law.

Do beneficiaries and executors have to pay creditors out-of-own pocket if the estate is insolvent?

The executor is not responsible for paying creditors except with estate assets. There are some exceptions, however. An executor can be liable for debts if they cosigned a credit card or loan jointly with the decedent. Executors can also be liable for debts if they mishandled the estate’s assets and caused them to lose value. Surviving spouses are responsible for debts incurred with the decedent. For debts the decedent incurred alone, the surviving spouse may or may not be responsible depending on state laws and how the property is held.

How are taxes handled in probate?

When someone dies, taxes are owed for their last tax year. Upon death, an estate is also created which is a separate tax entity. Depending on the income and size of the estate and the decedent’s income, a final federal income tax return will need to be filed and potentially a Federal Fiduciary Income Tax return for the estate, a Federal Estate Tax return, and a Federal Gift Tax return. The executor also needs to file the final state income tax return. Along with state and federal taxes, the personal representative or executor may also need to pay other final taxes such as real estate taxes, personal property taxes, business taxes, and special assessments.

How does an executor know which creditors to pay?

When the estate has enough assets to pay all debts, the creditors can be paid in any order. It’s not uncommon for there to be insufficient funds and even assets to sell to pay all creditors. In this case, state law specifies the priority of creditors and debts. Most states use a similar order of priority for the executor to pay debts of the estate: -Administrative costs are first. This includes court fees, filing fees, and attorney fees. -Family exemptions. Payments to help family members of the decedent cover living expenses during probate is usually the second priority. -Funeral and final expenses. There may be a cap on the allowable expenses for burial and funeral costs in some states. This includes the cost for cremation, urns, interment, and a funeral service. -Government debts. This includes income taxes, property taxes, and estate taxes. -Final medical expenses. Next is the medical costs associated with the decedent’s final illness or injury which take priority over other unsecured debts like credit card debt. -Other claims. In most states, there is no priority for other unsecured debts. Sometimes debts are paid based on the date of the claim or debts may be prorated.

When must creditors be paid?

Probate goes through specific steps. Creditors must be notified of the decedent’s death and given time to make a claim. The personal representative must pay legitimate claims from the estate before distributing assets and property. Even without an actual claim for repayment, legitimate debts should be paid if the personal representative receives informal claims in the form of bills.

What is the difference between a formal and informal claim by a creditor?

Most claims by a creditor on an estate are informal and in the form of bills. Sometimes creditors make formal claims during probate. All creditors must still be informed of their right to make a formal claim.