Upon death, the expenses owed by the decedent (i.e. the person who has died) are usually due and owing to creditors by that person\’s estate.
The Executrix of the decedent\’s Last Will & Testament usually opens a probate case to administer the decedent\’s estate, in an effort to settle all creditor debts and to distribute the assets per the terms of the Will.
If there are positive assets of value belonging to the decedent at the time of death, creditors of the decedent can usually make a claim for payment of expenses against the assets of the estate.
It is through this strict probate process that creditors of the decedent are paid.
Most state laws indicate that claims must be asserted against an estate within a certain period of time after the probate estate is opened, or after the person\’s death. We suggest you check your state law for the appropriate timeframe.
If there are no assets in the estate, the creditors cannot pursue claims against any of the decedent\’s children or other heirs of the estate, assuming there has been no financial misconduct to intentionally displace assets by the decedent prior to death.
Details here on Standard Legal’s Last Will and Testament legal forms software.