In Siedentopf Law’s latest video, estate planning and probate attorney Sarah Siedentopf discusses whether an estate executor or administrator is personally liable for the debts of an estate.

Hi, I’m attorney Sarah Siedentopf. I practice estate planning and probate in Atlanta, Georgia. Is the executor or administrator of an estate personally liable for the debts of the estate?

The answer should be no. The executor or administrator will not be liable unless there was something else going on. Now, if you’ve signed something that makes you liable or co-signed a debt, you may be personally liable. Other than that, the only reason you would be liable for debts of the estate as an administrator or executor is if you didn’t handle the estate properly.

If something should have gotten paid that didn’t get paid because of the bad way that you went about handling the estate, which could just be giving away estate assets too soon when you knew there might not be enough money to pay the rest of the debts. If you do this, you might be liable for some of those debts. Other than that, being named executor just means that you settle as much of the estate as is possible, not that you have to pay out-of-pocket for debts you would otherwise not have any connection with.

If you’ve got more questions about this, I’d be happy to talk to you. Thanks.

You can contact Siedentopf Law at (404) 736-6066 or schedule a consulation here