Am I Supposed to be Paying Bills After a Death in Washington State? What the Law Requires and What Executors Must Know

When a loved one dies, families are often unsure what to do with outstanding bills.

Should they pay them immediately? Are they personally responsible? What happens if there is not enough money in the estate?

In Washington State, the answers are governed by specific probate and creditor laws. Understanding these rules is essential, especially for Personal Representatives (executors), because mistakes can lead to personal liability.

Are Family Members Responsible for a Deceased Person’s Debts in Washington?

In most cases, no. Under Washington law, a deceased person’s debts are paid from their estate—not from their children, heirs, or relatives.

However, there is a very critical exception to this rule. If you are serving as a Personal Representative (also called an executor), you may become personally liable if you pay estate funds incorrectly. If debts are paid out of order, paid too early, or paid when they should not have been, you could be required to reimburse creditors or even repay beneficiaries out of your own pocket.

If the deceased person’s debts do not exceed the value of the estate assets, and the proper legal procedures are followed, creditors will be paid from the estate. If the debts exceed the value of the assets (an insolvent estate), valid creditors are paid first, but they cannot pursue the deceased person’s children or heirs for the remaining balance.

If a creditor ever asks you to personally pay a deceased person’s debt, you should consult an attorney before making any payment!

Why Timing Matters: Washington’s Creditor Claim Rules

Managing a loved one’s debts is part of the Personal Representative’s role, but it is important not to start paying bills immediately. Washington law has a specific creditor-claims procedure that must be followed. Failure to follow that procedure can create personal liability for the Personal Representative.

Below are practical guidelines to help reduce risk. Every estate is different, therefore it is always wise to consult an attorney during the administration process.

What to Do, and What Not to Do, as a Personal Representative

• Do determine the value of the estate before making any payments.

If the estate appears close to insolvency, contact an attorney immediately before paying any bills.

• Do Not distribute assets to beneficiaries until all debts are paid or an adequate reserve has been set aside. If you distribute assets too early and the estate later cannot pay creditors, you may be personally liable or forced to recover money from beneficiaries.

• Do Not immediately pay pre-death debts such as medical bills, credit cards, or lawsuits. Instead, follow Washington’s creditor-claims process, which requires publishing notice to creditors and notifying known creditors.

• Do Not pay creditors who file late claims. If a creditor misses the legal deadline (generally four months if notice was properly published, or two years if it was not), consult an attorney before paying. Paying an untimely claim can make you personally liable to other creditors or beneficiaries.

• Do pay expenses that arise after death, such as utilities, property taxes, insurance, professional fees, and Personal Representative fees.

• Do continue paying secured debts, such as a mortgage, to protect estate assets.

• Do work with an accountant to determine whether income or estate taxes are owed.

• Do keep at least one bank account in the decedent’s name open, if possible, until probate begins. Refund checks are often issued in the decedent’s name and depositing them can be difficult if all accounts are closed.

If you are serving as a Personal Representative or handling a loved one’s estate, speaking with an experienced estate planning attorney can help protect you from personal liability and ensure the estate is administered properly.

Doing things in the correct order can protect the estate and protect you.

If you want to learn more about how Rehberg Law Group attorneys work with clients who live outside the Seattle-Bellevue-Tacoma area, please give Rehberg Law Group a call at 206.246.8772.