INFORMATIVE MASTERCLASS
How Planning NOW Can Create a Lasting Legacy While Protecting What Matters Most:
Family, Wealth, and Property.
Reserve Your Spot Now

Kendall and Bexar County Estate Planning

Texas Estate Planning Blog

Kerrville estate administration lawyers help with settling an estate's debts
Shawn McCammon
Shawn McCammon
Attorney at Law

Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.

Learn More About Shawn

Simplifying Estate Administration in Kerrville: Managing Debts with Confidence

November 7, 2024
Learn how an estate administration attorney can help you manage a loved one's debts after their passing.

When a loved one passes, the process of managing their estate can be overwhelming, particularly if unresolved debts are involved. As your trusted estate administration team in Kerrville, we want to ensure you have the knowledge and resources necessary to navigate this complex process with ease.

What Happens to Debts After Death?

After someone passes away, their estate becomes responsible for any outstanding debts. The estate includes all financial assets, property, and possessions owned by the deceased. The executor or administrator is tasked with managing these debts. However, debts are paid in a specific order:

  • Secured debts, like mortgages, are prioritized.
  • Priority debts, such as taxes, come next.
  • Unsecured debts, like credit card balances, are settled last.

According to Money Helper, surviving family members are generally only responsible for paying off debts if they were co-signers or guarantors.

If the estate doesn’t have enough funds to cover all debts, certain liabilities may be written off, ensuring surviving family members are not directly responsible—unless they co-signed or guaranteed the debts. Read more in our article, Do Heirs Have to Pay Debts from an Estate?

Identifying and Managing an Estate's Outstanding Debts

To manage an estate effectively, the executor must:

  1. Review Financial Documents: Look for unpaid bills, credit cards, and other financial obligations.
  2. Categorize Debts: Determine whether debts are individual (the deceased’s sole responsibility) or joint (shared with another person).
  3. Verify Ownership Status: For debts tied to property, such as mortgages, the type of ownership—joint tenancy or tenants in common—will influence next steps.
  4. Communicate with Creditors: Posting a notice to creditors in a local newspaper ensures all claims are identified before distributing assets.

What If the Estate Is Insolvent?

When an estate’s debts exceed its value, it is deemed insolvent. Navigating this scenario requires careful attention to legal obligations and priorities. Consulting with a knowledgeable estate administration attorney in Kerrville ensures debts are managed efficiently, minimizing risks to the executor.

The probate process, including the resolution of debts, is intricate. Executors must comply with Texas laws to avoid personal liability. Our Kerrville-based team provides the guidance you need to:

  • Understand debt responsibility.
  • Organize and prioritize payments.
  • Manage insolvency effectively.
  • Protect beneficiaries and minimize disputes.

Why Choose McCammon Law for Help with Kerrville Estate Administration?

At McCammon Law, we understand the emotional toll of estate administration and strive to make the process seamless and stress-free. Handling an estate after a loved one’s death doesn’t have to be overwhelming. Whether you need help managing debts, navigating probate, or understanding Texas estate laws, we are here to assist. Request a Consultation with our compassionate legal team and let us guide you through every step of the estate administration process.

With McCammon Law, you’ll gain confidence in knowing your loved one’s estate is handled with care and precision. Reach out to our Kerrville office today and start simplifying your estate administration journey.

Request a Consultation
Share This Post
Request a free, in-office consultation today!
We will do whatever it takes to make your business grow and family thrive.
Request a Consultation Now
Stay Informed
Subscribe To Our eNewsletter to Get News and Updates Sent To Your Inbox
Subscribe Now
McCammon Law PC logo
We offer honest answers & free consultation appointments

Estate Planning Law Firm in Texas

Boerne/San Antonio Office

138 Old San Antonio Rd.
Suite 504
Boerne, TX 78006

McCammon Law, P.C.

138 Old San Antonio Rd., Suite 504
Boerne, TX 78006

Get Directions
IMS - Estate Planning and Elder Law Practice Growth Advisors
Powered by