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Exoneration

Exoneration is the freeing of the heirs of an estate from the debts owed by the estate. The Doctrine of Exoneration allows the heirs to insist debts owed by the estate be paid they decedent's personal property or chattel rather than by the real property. This only applies if the decedent did not leave explicit directions for debts to be paid from the sale of real property. The Doctrine of Exoneration also does not apply if the real property is being passed on by rights of survivorship. There are some states the have specific laws regarding the doctrine of exoneration and allow any property belonging to the decedent to be used to pay estate debts, these laws should be considered by individuals when planning their last will and testament and how debts are to be settled.

Fast Facts

  • Mortgages on property bequeathed to children must be paid out of the estate rather than by the heirs of the property, a consideration that should be noted in estate planning.
  • Generally, any debts owed by an estate are to be paid from the estate and are not passed on the heirs of the property.

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