When a loved one passes away, dealing with probate can feel overwhelming—especially when debts are involved. Many families in Tucson are unsure what happens to credit cards, medical bills, or mortgages during the probate process. The good news is: debts don’t automatically become the family’s responsibility. Understanding how they’re handled can bring peace of mind during a difficult time.
What Happens to Debts During Probate?
In Arizona, probate is the legal process used to settle a person’s estate after death. During this process, any outstanding debts must be addressed before assets are distributed to heirs.
Common debts handled during probate include:
- Credit card balances
- Medical bills
- Personal loans
- Mortgages or home equity loans
- Utility or final living expenses
These debts are typically paid using money or assets from the estate—not from the personal funds of family members.
Who Is Responsible for Paying the Debts?
The estate is responsible for paying valid debts. The personal representative (executor) is in charge of:
- Identifying creditors
- Notifying them of the death
- Reviewing and validating claims
- Paying debts in the correct legal order
If there isn’t enough money in the estate to pay everything, Arizona law sets a priority list for which debts get paid first.
What If Real Estate Is Involved?
If the estate includes a home, it may be used to help settle debts. In some cases, heirs choose to:
- Sell the home to pay off debts
- Keep the home and refinance
- Use other estate assets to cover liabilities
This is where working with a knowledgeable local realtor can make a big difference.
Can Creditors Come After Family Members?
In most cases, no. Family members are generally not personally responsible for the deceased person’s debts unless:
- They co-signed a loan
- They are a joint account holder
- The debt is secured by property they want to keep
Understanding this can relieve a lot of unnecessary stress.
Why Local Expertise Matters
Probate laws can be complex, and real estate decisions during probate can affect both timelines and finances. Having someone who understands the Tucson market and the probate process can help you make confident choices.
Need Help With a Probate Property in Tucson?
If probate involves selling or managing a property, Ryan Comstock is a trusted Tucson Realtor who works with families navigating probate situations.
Ryan Comstock – Realtor
📧 Email: ryancomstock@ryancomstock.com
📞 Phone: 520-261-4669
🌐 Website: www.ryancomstock.com
Ryan can help you understand your options, guide you through selling a probate property, and make the process smoother during an already emotional time.