Debt steward丨The debtor dies, do you have to pay back the money?

Mondo Social Updated on 2024-01-31

When a debtor dies, the debt left behind by the debtor often raises concerns and doubts. The death of the debtor does not mean that the debt disappears, the debt still needs to be properly handled, and the obligation to repay does not end with the end of the debtor's life.

First of all, it is important to be clear that the debt does not automatically disappear after the death of the debtor. According to the law, the debtor's liability for the debt will be borne by his estate. An estate is the property and interests owned by the debtor during his lifetime, including but not limited to real estate, vehicles, bank deposits, etc. These estates will be used to pay off the debtor's debts.

Second, the order in which debts are paid off is usually prescribed. Priority is given to the debtor's funeral expenses and estate administration expenses, followed by secured debts and outstanding debts. If the estate is unable to pay off all the debts in full, it may be paid in the legal order, where the beneficiary may not receive the entire estate.

In addition, the debtor's will may also have an impact on the settlement of debts. If there is a Will, the provisions in the Will will take precedence, but still follow the scope of the law. If there is no will or the will is invalid, the property will be distributed in accordance with the legal order of succession.

In terms of specific operation, family members or legal heirs usually need to apply for a probate to confirm the debtor's estate through the court's review process. Subsequently, in accordance with the procedure and order established by law, the estate will be used to settle debts.

After the death of the debtor, the debt problem needs to be dealt with through legal channels. Family members or legal heirs should actively cooperate with the legal process to ensure that debts are properly paid while avoiding possible legal disputes and unnecessary troubles.

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