My father had Payday loans & recently past away? What is estate liability ? Live in Oh assets are house & moms survivor benefits

I'm sorry for your loss. In Ohio, unsecured creditors only have 6 months from the date of death to file a claim against the estate. If no estate is opened, the onus is on them to open it if they want to preserve their claim (assuming no one has co-signed on the debt). I hope this helps.
Bart Leonardi
James Bart Leonardi, LLC
26451 Curtiss Wright Pkwy., #100
Cleveland, OH 44143
www.bartleonardi.com

In addition to what Mr. Leonardi mentioned - keep in mind that assets in the decedent's name alone are called probate assets, and only those assets part of the probate estate can be used for debts. Those benefits or assets that pass by beneficiary-designation/joint ownership are not included as part of the probate estate assets.

In addition to the others, be careful with bill collectors. They may make you feel as if your are personally liable for the debt. You and your mom are not. Only assets that were only in your Dad's name that go through probate are available to most creditors, with some exceptions. I would talk to an attorney and get everything taken care of.
www.yourlocalattorneys.com

I agree with all three attorneys. If I have situation however, where we cannot wait 6 months to open the estate, I will formally reject the claims in writing.
Additionally, there is a statutory order as to how claims need to be paid. Unsecured creditors (creditors who do not have any collateral attached to their lien) are at the bottom of the list. It's possible that even if there are probate assets, that after paying the funeral home, court and administration costs, attorney fees etc., that there would be nothing left for them anyway.