Executor’s Liability: What You Need to Know About Paying Testator’s Debt

Are you required to pay the debts of your testator as their executor? If you promised to do so, does it need to be in writing?

You’re not required to pay them but if promised it must be in writing.

As an executor of a testator’s estate, you are generally not required to pay their debts out of your own pocket. You must use the assets of the estate to pay the outstanding debts first before distributing the remaining assets to the beneficiaries.

If you promised to pay the debt of the testator, it may or may not be legally binding depending on the circumstances. If you made the promise in writing and signed a contract, it would be legally binding. Alternatively, if you made an oral agreement to pay the debt, it may be enforceable provided that there is evidence of the agreement and the agreement satisfies all other legal requirements. In general, verbal agreements are harder to prove in court than written agreements.

However, it is worth noting that making promises to pay the debts of a testator as their executor could potentially put you at risk of personal liability, especially if the estate does not have enough assets to repay the debts. As an executor, it is essential that you act in accordance with the law and do not make promises that could cause you financial harm.

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