Do debts include expenses of administration in a will?

Full question:

Question: A clause in my downloaded will states that all debts will be paid from the residuary estate. Do debts include 'expenses', i.e. expenses of administration? This is a smaller estate - there are no taxes due - but I am curious - should the last clause say 'debts and expenses will be first paid from the residuary estate' and what are the repercussions for stating it that way. Any authority you can lead me to?Thank you!

• Category: Wills and Estates
• Date: 04/07/2025
• State: Connecticut

Answer:

Expenses of administration are considered debts, so it is not necessary to change the language in your will. However, modifying it to say 'debts and expenses of administration' would not significantly alter its meaning. Ideally, your estate should have enough assets to cover all debts and expenses. If it does, you have some flexibility in how you pay these obligations.

In cases where the estate's debts exceed its assets, you must classify the creditors and pay them in a specific order. Certain debts, like funeral expenses and costs related to the administration of the estate, take priority. The order of payment generally follows this sequence:

1. Property passing by intestacy;
2. Personal property in a residuary estate;
3. Real property in a residuary estate;
4. General bequests of personal property;
5. General devises of real property;
6. Specific bequests of personal property;
7. Specific devises of real property.

For Connecticut, you can refer to Sec. 45a-110 regarding the payment of costs for settling a decedent's estate.