Legal Question in Credit and Debt Law in Texas

Heirs are not responsible for the debt unless they have originally obligated themselves. The decedent's estate is obligated. If the decedent has assets, creditors can file their claims with the probate court and move to have the assets sold in order to pay off the debt. As an heir what you must be careful of is the distribution of assets under the will prior to notifying creditors and allowing the time for creditor's notice of claims to be filed. If you receive assets that could have been sold to pay the claims (debts) of the estate you can be held liable for payment of the claim to the extent of the value of the assets you received. Generally, properly drafted will have a provision where the testator requires that all of his or her debts, obligations and funeral expenses be paid prior to the beneficiary distributions being made. This will often times mean that as beneficiary your potential bequest may be sold to help pay these obligations. As a beneficiary you are not guaranteed to receive the bequest set forth in the will. However, if the decedent's estate is small, creditors often simply write off the debt, unless they have reason to believe that the estate has enough assets to make it worth their (creditor's) while to incur the expense of filing and pursuing a claim against the estate.