You can define probate as the legal procedure of proving one’s will. The probate procedure is for ensuring that the inheritance of a deceased individual passes on to the right beneficiaries or heirs. It also means fulfilling all the wishes of the deceased. The probate procedure can verify the legality of the last testament or will of a person while carrying out the deceased individual’s intentions in the right way. The process also takes place if the deceased has not left behind any will. In that case, the probate court decides to distribute the deceased’s assets to the family or the relatives with the help of a probate attorney near me will help you.
Obtaining and Forgiving Debts in the Deceased’s Will
Someone owes money to an individual who has already died. Then, you need to collect the said amount and add to the overall estate of the individual. Nevertheless, the probate court can even forgive the debt in the last testament of the deceased.
This is quite the same as granting a gift. However, the difference is that the debt is forgiven instead of leaving the property. Once an individual dies, their property or assets are for paying off funeral and probate expenditures in the very first place.
Next, they are for paying off the debts. Most of the time, all the debts are first paid before distributing the assets among the beneficiaries. For example, the outstanding debts on the credit cards of the deceased are paid off first before distributing gifts among the heirs.
How does a Probate Attorney Deals with the Debts of a Deceased Individual?
If the question of whether your debts pass on to the beneficiaries during probate requires a suitable answer, it would be- the debts do pass on to the beneficiaries. Still, the beneficiaries do not have to pay them off from their own pockets.
Here, you can take the help of a probate attorney near me who can help you in dealing with the debts of a loved one who has named you as a beneficiary. When a person dies, leaving behind debts, what happens to the debts will completely depend on several factors.
The factors include the type of debt left behind, whether the debt was secured against a certain thing, and if there is an insurance or a guarantor. Much will also depend on whether there are sufficient assets within the deceased’s estate or not.
If the surviving relatives or family members are the guarantors or co-signers of the debts or the loan, they will have the liability of paying off the debts from their own pockets. The estate executor or the administrator needs to take up the responsibility of paying off the outstanding debts if there is no will left behind by the deceased. These debts are paid off from the decedent’s estate.
Is the Help of a Probate Attorney Vital in Sorting Out Estate If There is no Will?
Yes, of course, the services of a probate attorney near me are vital if there is no money or insufficient money in the estate for paying off all the outstanding debts. In this case, the attorney helps with paying off debts as per priority until the assets or the money run out. The remaining debts that cannot be paid off are generally written off.
Suppose there is no money or there are no assets in the estate for paying off the debts. Then the debts generally die with the deceased individual. The surviving relatives or beneficiaries are not responsible for paying off the outstanding loans if they have not served as co-signatories or guarantors of the debt.
Who Pays Off the Outstanding Debts?
Paying off the debts of a deceased individual is the sole responsibility of the estate administrator or the executor. However, this does not mean that the executors will be personally held liable for paying off the debts. There are certain exceptions, and the process comes with certain risks.
Suppose the estate has complications and is large. Then you must consider taking the advice of a probate specialist or a solicitor. The solicitor can help in sorting out the debts. They figure out the debts that have been left behind by the deceased. They understand what type of debts they are.
Finally, what is the right way of ensuring that the outstanding debts of a deceased do have any effect on the heirs? Make sure that there are no debts behind while you live. Debts often outlive the debtors, and therefore, it might be a little difficult to deal with them while living. However, they should not be placed on the back burner!