How are debts paid off?
Money found in the estate will be used first of all.
When will the debts be paid?
Before the property in the estate is divided up amongst the heirs.
What happens when property in the estate needs to be realized in order to pay off debts?
The executor of the estate will offer the heirs the opportunity to buy the property first, at market value, and a reasonable time to do so, before selling it outside.
What happens if there is a need to sell some of the property from the estate in order to pay off debts , and the deceased bequeathed a particular beneficiary certain real estate?
The property intended for the beneficiary will not be sold if it is possible to pay off the debts by realizing other property.
Are there other ways of selling property in the estate?
Yes – the court can give the executor of the estate instructions which differ from those set down in the law, for example sale via the bailiff's office or according to another way it decides.
If an heir and an outsider offer the same money for estate property put up for sale to pay off debts, who will get it?
The heir, where they offer the same, as he will be preferred to the outsider.
Will a creditor have to return property passed to him by the executor of the court without court authorization?
No! He will be allowed to retain it, but the executor could be liable to the heirs for damaged caused as a result of the transfer not having been authorized.
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