If you’re responsible for an estate where the deceased passed away with fewer assets than financial liabilities, you’ll want to know, what does an insolvent estate mean?
When you think of administering an estate after someone dies, you likely think of handing out their money and property to family members according to their Last Will and Testament. However, many people have financial issues and may pass away with serious debts and few assets. When you have more debts than you do assets and property, you are legally called “insolvent.” So, what happens when you leave behind an insolvent estate?
A big part of administering an estate is settling all debts and paying necessary taxes. In some cases, however, there is not enough money to cover all of the debts and taxes. There are different options for handling this situation. First, any joint debts will still be the responsibility of the joint accountholder. Debts that are in the deceased’s name only can be handled in different ways.
Why Choose Us
Now that you know more about what an insolvent estate means, it’s a good idea to learn more about why we’re the right firm for you. First and foremost, you can trust Dickson Frohlich Phillips Burgess because we have diligently served our local communities for over 25 years.
We have such a strong legal presence that we’re the go-to firm for those seeking justice, compensation, and assistance with insolvent estates. If you choose us, you can count on us to help you navigate the many complexities surrounding insolvent estates and the probate court.
Below we’ve spoken about a few of the reasons why you need to consider our firm when you need help with an insolvent estate:
- We know the various laws surrounding insolvent estates and have a track record proving it.
- Our firm impressively has over 100 years of combined legal experience across multiple disciplines, including insolvent estates.
- Founding partner Thomas L. Dickson has authored multiple works about real estate law in Seattle.
- We have experienced lawyers that have litigated hundreds of bench trials and more than 1,000 motions.
- The attorneys at Dickson Frohlich Phillips Burgess are some of the best in the legal business, with each boasting an impressive legal background and one-of-a-kind skill sets. No matter what help you need with your insolvent estate, our team has an attorney ready and willing to handle your case.
- At Dickson Frohlich Phillips Burgess, we focus on protecting your financial future, which is why we will use our resources to help you handle an insolvent estate that’s causing you trouble.
- We have attorneys who have worked for Fortune 100 companies and lawyers with years of experience chairing multiple jury trials.
- Most of our lawyers at the firm have more than ten years of experience across multiple legal fields, including insolvent estates.
- Robert P. Dickson, a lawyer at the firm, is an experienced attorney and an esteemed professor at the Seattle University School of Law.
Do Heirs Have to Pay Debts of an Insolvent Estate?
Those who were named to inherit from an estate will not have to pay the insolvent estate’s debts.
Heirs aren’t responsible for their relative’s debts. Even if a family member left large credit card bills, you have no personal, legal responsibility to pay them. Family members of the deceased do not have to worry about credit scores, so if the accounts go into collection, there is no effect on you or your family, and creditors do not have the right to come after you for someone else’s debts.
How to Handle Creditors When an Estate is Insolvent
Creditors will likely try to collect the debt for some time, which can be a constant reminder of your loss and can be inconvenient and annoying. Some family members think they are doing the right thing by trying to allocate whatever assets exist among creditors to pay partial debts. However, once you do so, you can bet creditors will continue trying to collect the remaining balances.
If an estate is insolvent, you also shouldn’t try to distribute the deceased’s assets to heirs. Those assets belong to rightful creditors. An exception is family heirlooms, photos, or other small assets with emotional, but not financial, value.
Trying to negotiate with the creditors may be worthwhile. If you’re honest with them about the estate’s assets and liabilities, they may be willing to discuss a faster payment at a discount. If you can do this, you must get a proper release from the creditor. Without it, the creditor could claim it’s just a partial payment and seek the rest of what’s owed. If you’re successful with enough creditors, the estate may be solvent.
How to Administer an Insolvent Estate
Insolvency means that there aren’t enough assets to pay the estate’s bills and taxes. It doesn’t concern the allowance, or validity, of creditors’ claims. After claims are deemed legitimate, they’re ranked in order of priority based on state law. Payment of claims, taxes, and expenses of an insolvent estate is handled according to the following:
- Costs of estate administration (filing fees, your commissions, and fees of attorneys, accountants, and appraisers)
- Funeral expenses
- Expenses of the deceased’s last illness
- Wages for work done within 60 days before the decedent’s death (servants’ wages)
- Debts with preference under federal law (such as federal income, gift, and estate taxes)
- Taxes and other debts owed to the state (property and business taxes)
- Judgments against the decedent which are liens on real estate on which an execution might have issued at the date of death, and debts secured by mortgages in order of their priority
- All other demands against the estate.
Payment would start with the top class, according to state statute. The liabilities would be paid in full if there’s enough money. If there is not enough money to pay all of the debt in full, then the creditor is paid their share of the total owed. If there’s money left over, it moves to the next class, paid in the same way until there are no assets left.
Get Help with an Insolvent Estate Instead of Getting Yourself in Trouble in Probate Court
While submitting the estate to probate under Washington State law may seem like the most complicated option, probate courts can deal with an insolvent estate just like a bankruptcy court can deal with overwhelming debts for living individuals. However, insolvent estates will not be granted nonintervention powers, which allows an estate representative to handle the affairs without court involvement. Instead, the court must approve all actions taken, which can be complex.
If you want to submit an insolvent estate to probate to resolve the debts, it is a wise idea to have legal representation throughout the process. Dickson Frohlich Phillips Burgess knows how to administer an insolvent estate.
An attorney who fully understands the probate laws and procedures can ensure that the process goes as efficiently as possible and that an estate’s administration is in full compliance with the law. If you are concerned about paying for legal expenses, the court will likely allow you to pay a lawyer out of whatever estate assets exist before the rest goes to creditors.
FAQs About Insolvent Estates
Can you wait for the statute of limitations to expire before handling an insolvent estate?
Although it isn’t advised, you can wait for the statute of limitations to expire before handling an insolvent estate. In Washington, the statute of limitations for claims against a deceased individual is two years. If you wait two years from the date of the person’s death to handle their insolvent estate, creditors can no longer bring a claim against the deceased’s estate.
However, you should note that creditors are permitted to file probate to gain access to the deceased’s assets during this time, although this is rare. Moreover, you need to know that banks can hold onto the funds of your loved one during these two years and can even place the funds into the trust of the unclaimed property division at the Department of Revenue. That’s why discussing the insolvent estate with an attorney is best.
What are the documents needed to begin the probate process?
Having the right documents on hand is important when you’re ready to begin the probate process. Some of the documents you need to begin the probate process when dealing with an insolvent estate are as follows:
- Death certificate
- An order that the court will sign
- Petition for probate of the will
- Solvency and non-intervention powers
- An oath of the Personal Representative that testifies that they don’t have a criminal record and that they agree to take on the duties outlined
- The original last will be filed. This needs to have a minimum of two witness signatures.
Do beneficiaries have to pay the descendant’s debts?
In most instances, a beneficiary will not have to pay a descendant’s debt as an out-of-pocket expense. Unfortunately, if you are a beneficiary, there is a high likelihood you won’t receive any inheritances owed to you or will receive only a fraction of it because of the debts that need to be paid from the estate.
Rather than face handling an insolvent estate alone, call our attorneys at Dickson Frohlich Phillips Burgess at (206) 621-1110 in Seattle, or (253) 572-1000 in Tacoma. We’ll guide you through each step in the complicated process.