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If the estate is insolvent then it really does not matter one way or the other if someone decides to probate the Will, or everyone just decides to walk away. The beneficiaries get nothing either way. The attorney fee and advances are paid off the top as administration expenses so nobody is really out anything. The creditors' shares are just reduced by the administration expenses.

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2
Jeffrey Rheinhardt ·
If the estate is insolvent then it really does not matter one way or the other if someone decides to probate the Will, or everyone just decides to walk away. The beneficiaries get nothing either way. The attorney fee and advances are paid off the top as administration expenses so nobody is really out anything. The creditors' shares are just reduced by the administration expenses.
0 upvotes
Terry Garrett ·
The debts are those of the estate; they are not yours. A creditor can file a probate application but for the amount in question, almost none will.
0 upvotes

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