When a will is contested, the estate often feels like it’s in limbo. Heirs may wonder: Can the estate still pay debts during a dispute? The short answer is yes—but with limits.
Here’s how debt payment works during a will contest in Georgia, and what executors and beneficiaries need to know.
How a Will Contest Affects the Estate
A will contest challenges the validity of the will—often based on claims like:
- Lack of mental capacity
- Undue influence
- Improper execution
- Fraud
When a will is contested, it pauses final distributions to heirs, but it doesn’t freeze the estate entirely. The estate still needs to operate: bills must be paid, property must be maintained, and taxes must be filed.
Are Debts Paid During a Will Contest?
Yes, essential debts and obligations must still be paid during a will contest. Georgia law requires the executor or personal representative to:
- Protect estate assets
- Pay valid claims
- Handle necessary expenses
Common payments during a will contest include:
- Mortgage payments
- Property taxes
- Utility bills
- Insurance premiums
- Reasonable maintenance of real estate
- Court costs and legal fees for the estate
Failing to manage these responsibilities can result in greater financial losses—and legal trouble—for the estate.
Who Oversees These Payments?
Typically, the executor named in the contested will continues to act, under court supervision. However:
- If the court suspects the named executor is biased or untrustworthy, it may appoint a neutral administrator during the litigation.
- All significant spending must be carefully documented.
- In some cases, the court must approve larger or unusual expenditures.
Can Beneficiaries Access Funds During a Contest?
No.
While essential debts can be paid, inheritances are usually frozen until the contest is resolved. Beneficiaries must wait until:
- The court determines if the will is valid, or
- The parties settle the dispute outside of court.
This prevents wrongful distributions that might later be reversed.
What If There Isn’t Enough Money to Cover Debts?
If the estate has limited funds:
- Debts are paid in a priority order under Georgia law.
- Secured debts (like mortgages) are paid first.
- Unsecured creditors (like credit cards) may receive partial payments.
- Heirs may end up with less—or nothing—depending on the estate’s debts.
Contesting a will can delay this process and add significant legal costs, which also get paid out of estate funds before beneficiaries receive anything.
How to Protect the Estate During a Will Contest
- Hire an experienced probate attorney to guide the executor through the process.
- Keep detailed records of all payments and receipts.
- Communicate with the court as needed to seek approval for major expenses.
- Secure valuable property to prevent loss or damage during the dispute.
Let Hurban Law Help Navigate Will Contests and Probate Challenges
At Hurban Law, LLC, we help families in Georgia manage contested estates while protecting assets and complying with the law. Whether you’re an executor facing a dispute or a beneficiary concerned about your rights, we’ll guide you through every step.
Contact us today to protect your interests and keep the estate moving forward—even during a will contest.
