a legal document was drawn up and recorded in the courthouse. the person died. does the executor have to legally pay this debt. it id in the state of ga
1 Answer from Attorneys
There is no way anyone can answer your vague post. What "document?" A deed? A lawsuit? A lien? A divorce? A contempt? A mortgage? What did it say? Who recorded it? What sort of debt? How much? Is it senior or junior to other claims?
As a general rule an executor must pay ALL debts of the deceased, and ALL taxes, and ALL funeral costs, before doing any distributions to heirs. Since a mistake by an executor can mean an executor gets personally sued, NO ONE should ever start a probate without a lawyer.
So before you even start to probate a will, meet with a lawyer and figure out what your job will be.