Do all bills have to be paid before the probate of a Will?

Asked on February 23, 2013 under Estate Planning, Georgia


Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

I'm not sure I understand your question.  There is no need to pay all, or even any, bills before the will is admitted to probate - in other words, before an estate is commenced in the probate court.  On the other hand, all the bills have to be paid before the probate is closed.  If there are not enough assets in the estate to pay the bills, the probate can still be closed and those creditors get nothing.

The family and friends of the deceased should not pay the bills from their own funds.  This is not required unless someone is jointly liable on the debt.

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