How are creditors paid in probate?

Creditors in probate in the state of Virginia are paid in a specific order of priority. First, any costs associated with the probate process are paid from the estate. This includes the executor’s fees, any court costs associated with the probate process, and any other related expenses. Next, any valid debts the deceased person had while alive are paid. This includes things like outstanding mortgages, utility bills, medical bills, credit card debts, and outstanding loans. These debts are paid in the order that the court specifies. Any taxes due from the deceased person’s estate are also paid before any remaining funds are distributed. Lastly, any remaining funds in the estate are distributed to the living heirs according to the terms of the decedent’s will. If there is no will, then the estate is distributed to direct line heirs according to Virginia intestacy law. In general, creditors must submit their claims to the executor of the estate and prove that the decedent owed them money. After the creditors have been paid, any remaining money is distributed to the heirs or beneficiaries.

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