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Who pays the deceased’s debts in a Georgia estate?

On Behalf of | Dec 2, 2025 | ESTATE PLANNING - Estate Administration & Probate

Worrying about being responsible for settling your deceased loved one’s debts is normal, especially if they accumulated a significant amount. To ease your anxiety, you are generally not responsible since their debts belong to their estate. Understanding the probate process in Georgia is essential to settling your loved one’s outstanding bills.

The role of the estate’s assets

When your loved one dies, their estate shoulders all valid debts, such as medical bills, credit card debts and loans. If you are the named executor, it is your job to gather all assets and use those to pay any bills.

The legal requirement to notify creditors

Under Georgia law, you have a six-month grace period to assess the estate’s assets and debts. Within 60 days of taking the role of executor, publishing a notice in the local newspaper and sending direct notice to all creditors for four weeks are mandatory.

In return, creditors must send you a written notice that outlines your loved one’s debts within three months from the date of the last notice. If they miss this deadline, they lose their right to receive priority and cannot sue you for settling the debts of other creditors.

Navigating debts during probate

Debt settlement is an important phase in probate, as your loved one’s outstanding bills do not disappear upon their death. Navigating this step requires your commitment to ensure their estate assets cover all debt, which can be overwhelming to face alone. Seeking legal assistance can be a valuable resource to help you stay on top of your administrative tasks.