In what order should an estate pay creditors?

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1173782

2026-04-07 17:15

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Most states have laws that categorize types of debts and then gives those categories priorities over one another in a particular order. Usually, all creditors in a class must be paid in full before creditors in the next class can receive anything. Burial costs are at the top of the list.

For example in New Jersey, funeral expenses get paid first, then administration expenses; then debts that may have priorities set by law; then expenses of the decedent's last illness; then judgments against the decedent in order of their priorities; then general creditors. If an estate does not have enough money to pay all bills in full and if the executor pays a lower priority creditor to the exclusion of a higher priority creditor, the executor may be liable to pay that higher priority creditor himself if there is insufficient money to pay all debts.

If the executor is positive that there is enough money to pay all debts then he does have some leeway to pay some sooner than others; but he is not allowed to pay the decedent's last telephone bill if there isn't enough money to pay for funeral expenses.

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