Does filing a disclaimer to exempt yourself from a Will exempt you from the probate as well?

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Does filing a disclaimer to exempt yourself from a Will exempt you from the probate as well?

If a beneficiary wishes not to be included in a Will, would writing and filing a disclaimer for it also exempt that person from paying the debts established in probate?

Asked on January 8, 2017 under Estate Planning, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A beneficiary is not liable for the debts of an estate, the estate is. To the extent that there are not enough assests to cover all bills, etc., then they are forgiven and written off by the creditors. If, on the other hand, there are assest left after the debts are paid, then the beneficiaries split the proceeds.


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