If a person dies and leaves a large amount of debt can their survivors file bankrupt in their behalf?

Answer 1

if there is an estate, everything in the estate must be used to satisfy the debt before anyone inherits. then the balance of the debt is written off by those it's owed to.

if there is no estate and no assets to pay on the debts, then it's all written off by those it's owed to.

Answer 2

why bother with bankruptcy, if the estate has no money or valuables to sell inorder to pay the debt, that debt dies with the deceased. creditors will have to write it off. dont let creditors
bully you about this. i was an executor of my late partner's estate
which had no money left in the estate, so the creditors had to write it off. make sure the county(probate office) that its filed in(death certificate)
closes the estate out. so that no one can add claims even tho there is no money there to collect from.

Answer 3

If there is no estate don't go to probate court and open it so to speak. It will cost you money and there is nothing to gain for your family. Most debts will be settled if you send a copy of the death certificate to the company. They would be notified if it went to probate court and could try and get any money available.

Answer 4

Once a person dies, they are no longer obligated to pay off debts, even if there's money in the estate. The contract was made between the finance company and the deceased; once a person dies, the contract becomes null and void. Bankruptcy is not necessary.

Answer 5

YEAH!!! Make darn sure you stay away from probate court, They are geared to cause you to loose everything,They have these real pigs of probate lawyers there to assume your estates the very moment you fail to do a filing, and like the pigs they are their expenses alone will make sure you loose everything.