Wazy asked:
If there is a debt on a property owned by a person who is now deceased, how can the debt be collected if the executers do not issue their probate?
If there is a debt on a property owned by a person who is now deceased, how can the debt be collected if the executers do not issue their probate?
The executers have been asked to pay the debt however because they are not issuing their probate I cannot claim the money owed to me from them. It has been quite some time since they were asked to pay the debt. Any advice on how I can get my debt.
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Tags: Claim Money, Debt Advice, Money Owed
debt
please answer im afraid i may die!
debt
If you are in the US the executors have a time limit to execute the will. I would speak with someone at the Register of Wills in the county where the will is registered. I was an executor once in Maryland I had one year to fulfill the will but I did have the option to petition the court for a 6 month extension.
Wikipedia Probate excerpt:
“After opening the probate case with the court, the personal representative inventories and collects the decedent’s property. Next, he pays any debts and taxes. Finally, he distributes the remaining property to the beneficiaries, either as instructed in the will, or under the intestacy laws of the state.
A party may challenge the probate, either by petitioning the personal representative or the court. If the claim is rejected, the claimant may file a lawsuit to prove the claim. Such challenge may force the court to scrutinize the probate in further detail.
The personal representative must understand and abide by the fiduciary duties, such as a duty to keep money in interest bearing account and to treat all beneficiaries equally. Not complying with the fiduciary duties may allow interested persons to petition for the removal of the personal representative and hold the personal representative liable for any harm to the estate”.
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My best bet, is to place a lien against the property. Then when they execute the estate or sell the property, you should get paid. Which, they may not do anything with the property anytime soon. I hoped that helped.