Claims Against Non-Probate Property: Can a Creditor Go After Non-Probate Assets?

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

This article will serve as an introduction to the topic of creditors’ access in regards to non probate assets. For a refresher on probate click here.

When a family member dies and the appropriate relatives begin to go through the probate process it’s normal to have a lot of questions. Confusion over first steps, what comes next and what the process entails can increase stress during an already stressful time. One question that can arise if the deceased person owned debt, often in the form of credit card debt, is whether the close relatives are personally responsible for that debt. It’s not uncommon for creditors to begin calling family members in an effort to collect on the deceased person’s debt.

Other questions that may arise include: What happens to the deceased person’s mortgage? If money is left to a family member can he or she collect regardless of debt owed by the deceased? Can a creditor go after the debtor’s non-probate assets or other family member’s assets?

Let’s briefly review what is considered probate and non-probate assets. Probate assets can be considered pretty much anything in/under the decedents (deceased person’s) name. Think bank accounts, cars…