What is the order of payout for probated will?

UPDATED: Sep 30, 2022

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What is the order of payout for probated will?

The executor of my dad’s will paid out $425,000 that was specified in the Will but

there are debts outstanding. My understanding was all debts had to be paid and if funds were still available, then the $25,000 would be paid.

Asked on September 19, 2016 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct, the debts of the estate (essentially, in this case, the debts your father still had when he passed away) get paid first, before the heir and beneficiaries receive anything, and they only get what is left over after the debts are paid. Certain debts also take priority over other debts, too: funeral expenses and expenses of administering the estate take priority over other debts.

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