Legal Question in Credit and Debt Law in Virginia

Paying debts of the deceased

My mother passed away and now creditors are sending me the bills.

She rented and left no estate.She didn't even have enough to bury her.Am I responsible..I can't afford the extra bills


Asked on 11/24/00, 9:43 am

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: Paying debts of the deceased

Ordinarily, and at common law, the debts and obligations of a person die when that person dies, except for encumbrances that "run with the land", such as mortgages. In Virginia, there's a special statute that provides that written obligations (bonds, notes, checks, drafts, contracts to pay money, etc.) can be enforced after the death of an individual by suing the personal representative of the decedant. Va. Code section 8.01-11. A "personal representative" is ordinarily the executor of the estate, or a person appointed by the local circuit court to act as such. The personal representative is the person charged with winding up the estate of the decedant. The personal representative may be sued and found liable in that capacity without affecting his own personal liability. The money is to be paid from the estate of the decedant. Va. Code section 26-6.

See, generally, title 64.1 of the Va. Code, sections 116 through 180.1 for more information. Note that this answer does not address issues of federal or state taxation.

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Answered on 12/13/00, 7:51 am
Elizabeth Boyle Law Office of Elizabeth M. Boyle

Re: Paying debts of the deceased

You are not liable for the debts of your Mother unless you affirmatively assumed the liablities. If you did not contract for these services or sign a guarantee for payment, you could write "deceased" on the bills and send them back to the bill collectors.

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Answered on 11/29/00, 10:52 am


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