Legal Question in Wills and Trusts in Maryland

Re: executer of the will

The executor of an estate does not become personally liable for the debts of the decedent or of the estate. The executor is responsible for paying the just debts of the estate out of the assets of the estate and for distributing any remainder in accordance with the will and with law. If there are insufficient assets to pay all of the debts, the law provides a priority for payment. Once the estate is out of money, it is bankrupt and further bills are simply not paid.

The executor can become lisble to the estate, the beneficiaries, or other parties who have an interest in the estate for the intentional or gross mismanagment of the estate if it rises to the level of breach of a fiduciary duty or a crime. That problem does not usually arise but, in the administration of complex estates it may be wise for the executor to hire a lawyer and/or and accountant to help ensure that all is done correctly. The resulting professional fees become debts of the estate which can be paid from estate assets.

See also: http://info.corbettlaw.net/lawguru.htm