Legal Question in Wills and Trusts in Illinois

Payment of deceased's debts to heirs

My father recently passed away with a will providing his estate will be distributed to his three children, totalling about $150,000. However, he also owed about $50,000 each to two of his three children. Is the executor allowed to pay these debts to children who are also heirs, or must the executor either 1)wait until probate is complete or 2) first get approval of the probate court first


Asked on 9/20/02, 4:28 pm

1 Answer from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Payment of deceased's debts to heirs

If there is a formal probate estate, it would probably be in the best interest of the 2 debtor children that they file a claim in the probate proceeding. The executor can then either accept the claim or reject it. Assuming it is accepted the claim can be paid immediately and should be paid before any distribution the beneficiaries named in the will. By filing the claim with the court the machinery is set in motion for the court to either accept or reject the claim. There is specific procedures for filing claims. Be sure it is done correctly.

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Answered on 9/20/02, 4:39 pm


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