When someone close to you passes away, there’s a lot to process — emotionally and legally. On top of the loss, you might find yourself sorting through bills, letters from creditors or unfamiliar legal documents tied to their estate. And if you’re the one responsible for handling it all, it can feel overwhelming fast.
That’s where probate comes in — the legal process that helps settle the estate, including any unpaid debt. It typically begins with identifying what’s owed and letting creditors know what’s happening.
How are creditors notified during probate?
One of the first responsibilities in probate is notifying creditors, and that job usually falls to the executor or personal representative of the estate. Depending on your state’s laws, this may involve sending direct notice to known creditors and publishing a public notice in the local paper to alert unknown ones. Creditors typically have a fixed window to come forward with their claims. If they miss that deadline, they may lose the right to collect.
What if the estate can’t pay for everything?
Not all debts are equal. If the estate doesn’t have enough assets to cover every bill, the law sets a strict order for which debts get paid first, usually things like funeral costs, taxes and secured debts tied to property.
Lower-priority debts like credit cards or personal loans might get nothing if the estate runs dry. And while this can be a tough reality for creditors, it’s designed to protect the estate and the people left behind. The courts won’t expect you to make up the difference from your own pocket — if the estate can’t cover it, that’s the end of the line for most debts.
Can creditors go after personal assets?
This is one of the most common fears, and the answer, in most cases, is no. Creditors can’t go after your personal accounts, retirement funds or income to settle someone else’s debt. That said, there are exceptions. If you co-signed a loan, held joint debt or live in a community property state, you might have some legal exposure.
Ownership also matters — assets with a named beneficiary or payable-on-death status usually pass outside of probate, which means they are not up for grabs by creditors. The key is knowing what’s part of the estate and what’s not.
Who is ultimately responsible for the debts?
The responsibility lies with the estate, not with you as a spouse, child or sibling. The executor is tasked with managing the estate’s money, settling debts in the right order and making sure everything is done by the book. That doesn’t mean the executor is personally on the hook, but it does mean they must follow the rules carefully. Mishandling estate funds — for example, paying the wrong debts first — could open the door to liability. So, if you’re serving in that role, it’s worth taking the time to understand exactly what you need to do.
Need help navigating probate and debt?
You don’t have to figure this out alone, not when the law is this complex and the stakes are this high. If you are feeling overwhelmed by debts, deadlines or pressure from creditors while trying to settle an estate, talking to someone who understands the probate process can take a real weight off your shoulders. Contact us or call 678-693-5784 to get support that’s not just professional but personal.
