Can creditors file suit against administrator, if credit card debt is not paid?

Dad died. No will. 3 adult children
heirs. Small Estate under 50k. Real
property house, car value 2k, and
motorcycle value 8k. Unsecure debt
credit cards totaling 41k.

Affidavit of heirship and Administration
of small estate to be filed by an agreed
upon heir. Heir advised to not list any
unsecure credit card debt on Affidavit
of Heirship.

Asked on January 10, 2018 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the administrator is not personally liable for any debts of the deceased, unless he did something improper with estate money to deprive creditors of recourse to it (e.g. improperly pocketed estate money which otherwise could have gone to creditors). As long as the administrator does not act in an illegal or improper manner, only the estate and not the administrator may be responsible for estate debts.


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