No! You are not responsible as the executrix for debts of the decedent unless you signed a document in either your personal or fiduciary capacities. The only way you might be liable is if you went ahead and distributed assets to the beneficiaries without paying debts or did something else as executrix (either malfeasance or misfeasance) and caused a financial loss to the estate. However, if you have administered the estate properly, then there is nothing to worry to about. Administering the estate properly would include notifying the creditors by personal notice as well as publishing a notice in the newspaper, completing the preliminary and 90-day inventory, waiting until all claims are filed and any claims have come in to pay the bills and paying the claims in order of priority since there is not enough assets. Priority claims are administrative expenses of the estate, any yearly allowance for the spouse/family, funeral debts up to $3500, taxes, judgments, medical expenses and then anything else (list is not all inclusive - these are the main categories which would apply).
Answered on Jul 10th, 2013 at 12:33 AM