If i have the court order estate appointment for my fathers estate, am i not liable to pay his debt and can debt collector go after me personally? My father does not have any property or any thing that could be of any value.

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If i have the court order estate appointment for my fathers estate, am i not liable to pay his debt and can debt collector go after me personally? My father does not have any property or any thing that could be of any value.

My father passed away without a Will. He has a
small life insurance that does not name any
benificiary. The insurance company said thar i
should get the Court Order Estate
Appointment. Somebody told me that if i go to
probate court for the appointment that I would
be liable to all his debt. Is this true?
He lived in New Jersey.

Asked on July 27, 2019 under Estate Planning, New York

Answers:

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

Answered 2 years ago | Contributor

No, a personal representative (or executor) cannot be held personally liable for the debts of an estate absent some form of wrongdoing by them regarding the administration of the estate. If the assets are insufficient to cover the bills and other expenses, then the estate creditors will need to charge off any debts owed to them. In other words, the debts will become uncollectible.

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

Answered 2 years ago | Contributor

No, a personal representative (or executor) cannot be held personally liable for the debts of an estate absent some form of wrongdoing by them regarding the administration of the estate. If the assets are insufficient to cover the bills and other expenses, then the estate creditors will need to charge off any debts owed to them. In other words, the debts will become uncollectible. 


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