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Is the personal representative or executor of an estate personally liable for creditor’s claims?

Mar 20, 2020

Paul S. Labiner

Paul Labiner

Managing
Partner

No. Generally, as the Personal Representative (also known as the “Executor”), you are not personally liable for claims creditors might have against the decedent.

However, this might not be the case if you have received money from the decedent’s estate or trust preferentially to the claims of the creditors (not including certain personal representative and trustee fees and reimbursement for certain expenses such as funeral expenses). 

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