Am I personally liable for my mother's debts as her executor?

Full question:

My mother made me Personal Representative in her will and left her assets equally to me and my 2 brothers. Mortgage company says I need to probate will to sell her house and I need Letters Testamentary to name me administrator. My mother has $13000 in credit card debt, which hopefully the house sale will cover. Will I be personally liable to pay off these debts as Executor/Administrator if the house doesn't bring enough to cover all debts? The house is in Alabama. I live in KY.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Alabama

Answer:

As the executor (or Personal Representative) of your mother's estate, you are generally not personally liable for her debts, including credit card debt, unless you co-signed or guaranteed those debts. The estate's assets should be used to pay off debts before any distribution to beneficiaries. If the estate lacks sufficient funds or assets to cover all debts, unsecured debts, like credit card debt, will typically not be your responsibility. However, you must notify creditors of the probate process so they can present their claims. Remember, if the estate has secured debts (like a mortgage on the house), those debts will need to be addressed first. In cases where there are not enough assets, unsecured creditors may not be paid. Always consult with a legal professional for guidance specific to your situation.