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Payment of estate debts.

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  • Payment of estate debts.

    Hi everyone.

    I have just had probate granted for my fathers estate. I've done all the legal pre-requisites such as posting in the gazette which the claim window runs out on the 26th of March.

    My father has a rent debt to be paid which is pretty much all fine however, there is a criminal investigation going on at the moment by the police as some high value property was stolen from his home whilst he was dying and in hospital or after he died. Police suspect 2 people, one of them is the landlord. (60% chance was the other person however not past the landlord based on his character).

    Anyway my question I cant seem to find an answer to, is there a legal timeframe in which I must pay estate debts after probate is granted? The last thing I want to do is give the landlord the money and then find out he was the thief.

    Thanks in advance
    Tags: None

  • #2
    I don't think there is a timeline, but if he's owed the money (debt), then it needs to pay.

    The police will take care of the landlord if he is the 'thief'.


    • #3
      There's nothing to stop you distributing the Estate after 26th March to the beneficiaries but retaining the amount of the rent debt (+ a bit extra for costs and contingencies) until you are satisfied on what you legally have to do with it. It's common for Executors to pay out 'on account' amounts during Probate rather than wait until everything is resolved before paying. AFAIK there's no statutory deadline in probate law for paying debts.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


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