Estate Debts and Liabilities

It can be a common misconception that when a person dies, all debts they owed die with them.

This is not true unless an estate is impecunious. Creditors can recover their debt from the deceased’s estate and if an Executor/Administrator fails to pay the debt and distributes the Estate, they can become personally liable.

An Executor/Administrator should discharge their duty to the Estate and secure protection against personal liability by publishing formal notices in the relevant papers/magazines for any potential creditors or claimants to come forward with their claims against the Estate by a specified deadline.

RMNJ are always glad to discuss any questions you have without obligation and at first instance entirely free of charge.

Back to RMNJ's Guide to Probate