Channing, TX Estate Planning Law Firms & Lawyers

Under Utah's family expense statute, the wife, but not the children are responsible for debt incurred by the deceased to provide the "necessaries of life" which include, clothing, food, shelter, and medical care. Any frivolous or other expenditures, the surviving spouse is not reponsible for. However, the Probate Code makes clear that there can be no distribution to heirs until all debts of the decedent are paid. To the extent that distributions of the estate are made to survivors of the deceased when a proper claim has been made against the estate, the personal representative or heirs who receive $ can be hedld liable to the creditor who did not get paid.

The court will not send you anything that explains your duties as the administrator of the estate, or what you can expect in terms of compensation. In general, however, your duties are to identify and manage the estate assets, identify and pay the estate liabilities, handle any litigation or disputes in which the estate may be involved, distribute the estate according to the will (or according to the laws of intestacy if there is no will), and report to the court as needed regarding your activities as administrator. You also may not mix the estate assets with your own.