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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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