When an Estate has been opened, what debts must be paid and what debts are not legally required to be paid by the Estate?

Q: Ex husband died 3 years ago he had two siblings are my two children from my marriage to him entitled to his mothers estste

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Q: If a will does not state that the executor gets paid can the executor pay herself?

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Q: Does a will supercede old beneficiary information on a 401 K plan

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Q: My elderly parents are deceased. They left no estate. They have outstanding credit card bills. Who is responsible for paying

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Q: CAN I SELL MY FATHER'S VEHICLE WITHOUT HIS SIGNATURE SINCE HE PASSED AWAY AND I AM THE SUCESSOR TO HIS TRUST?

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Anonymous Jul 1, 2015 Probate 2 views 3 answers

The Estate has been opened in Wilmington Delaware.

Attorney Answers

Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD

Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD · Jun 15, 2026

I practice in Maryland, not Delaware, however, I believe the laws on this issue are similar. Estates must advertise in a paper of general circulation that the guy has passed, and anyone believing they are owed money can file a claim with the Estate. The PR or Executor has to settle or resolve all legitimate claims. If there is a dispute there is a mechanism for a prompt hearing. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!

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Joseph Pankowski

Joseph Pankowski · Jun 15, 2026

Assuming the estate is not insolvent, all legitimate debts that were the decedent's responsibility must be paid prior to the distribution of assets to the estate's beneficiaries. If the estate is insolvent, then Delaware law will determine the order of priority for the payment of the decedent's creditors from the estate's assets, with some debts likely not being paid or being paid pennies on the dollar. For further information, please consult with an experienced Delaware estate administration lawyer. Good luck to you.

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David Jones

David Jones · Jun 15, 2026

In California, there is a procedure that creditor's and administrators must follow. For example, provided the administrator has independent authority, an administrator can reject a creditor's claim if she believes the claim is wrong or the estate simply does not have the money. It is then up to the creditor to file a lawsuit within so many months after rejection. If the creditor does not file the lawsuit, then the creditor loses its rights to enforce the claim. You definitely should speak with a DE probate attorney.

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