Executer's liability for debts before Probate granted.

DavePBC

My wife's mother sadly died earlier this year. Her account with Nationwide exceeded the limit for Probate. Probate has been applied for but is obviously a protracted process. My wife and her siblings were named as executors. There were outstanding debts from the estate. All but one of the creditors understand and have agreed that the funds will only be released once Probate is granted. However, one creditor (the independent living home where she lived) is pressurizing the executors to settle the debt before probate. (The debt includes services and arrears accrued from over payment of Housing Benefit and thus is several hundreds of pounds). They are threatening to increase the amount owed and referring to their finance department and then to a debt collection agency. Is it legal for them to do so and are the executors liable for paying this debt prior to Probate?

handful

I will let someone with more knowledge than me answer this but I would imagine the debt is with the estate and not the executors so can't see them gaining any benefit instructing a debt collection agency. You may find that Nationwide would pay prior to probate being granted but assume you have asked that already?

macman

Good luck with sending a debt collector to collect from an estate of a deceased person...
If you want to get them off your back, you could pay it yourself and then invoice back the estate for your legitimate costs, but there's no obligation to do so.
When did you make the application for probate?
it's assumed that you don't actually dispute the amount they are claiming?