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First, the estate must be probated. The filing of the probate will trigger the publishing of a notice that the person has died providing the creditors with an opportunity to make claims against the estate for unpaid debts.

The estate is responsible for paying the debts of the decedent. The debts must be paid before any assets are distributed to the heirs. The probate code in each state provides a priority scheme by which estate debts must be paid. It is especially important if there is not enough money in the estate to pay all the debts. The executor or administrator can be held personally responsible if the debts are not paid correctly or are paid in the wrong order or/and any funds are distributed to the heirs when unpaid debts exist.

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15y ago

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