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Are the Deceased's Debts Paid Before Distribution?
Order of claims on the estate: funeral expenses, debts, will within one third, then distribution among heirs
⚖ Based on official Jordanian law — Personal Status Law No. 15 of 2019
- 218Published legal questions
- 6Legal topics
- ⚖Cites Personal Status Law No. 15 of 2019
Frequently Asked Questions
- What are the deceased's debt types?
- Official debts (bank loans, real-estate mortgages, credit cards), personal debts (documented), religious debts (zakat, expiations, vows), workers' rights, government debts (taxes, fees), wife's deferred mahr (a special debt), and wife's ʿidda maintenance.
- What if debts exceed the estate?
- "Estate consumed by debts" case: no inheritance for heirs. Debts are paid to the estate's extent by proportional distribution. Heirs do not bear debts exceeding the estate from their own funds, except by their express acknowledgment.
- What if debts emerge after partition?
- Must be paid from what remains or from heirs' shares by ratio. Heirs' liability is within what they received from the estate, by their share ratios. Done through a legal case against heirs to recover debts.
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