Can An Executor Pay Bills Before Probate?
Can an executor pay bills before probate?
An executor is a person appointed by the terms of a will to carry out the will's instructions after someone dies. Often, those instructions include handling the deceased person's financial affairs.
A common question among people who need to file a probate court case is whether an executor can pay bills before a probate is opened. The answer is both yes and no. A probate court has jurisdiction to hear bills presented for payment by creditors once it has been opened. But it does not have jurisdiction to hear bills presented for payment prior to the opening of a probate. If a creditor presents a bill for payment prior to probate being opened, then that bill becomes a debt of the deceased person rather than a debt of the estate.
Nevertheless, an executor may be able to pay certain bills if the creditor agrees or if the executor gets permission from the creditor directly. If a bill for payment comes in after a probate has been opened, then that bill becomes a claim against the executor and can be paid as needed without any further action by the court.
If you have any questions or need a Probate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
