Q: Can you distribute property in an estate without resolving the debt when there's a will
A:
Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.
Normally it requires the assent of all the parties involved, so any one person can block it.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the estate is in a condition to be closed.
The Personal Representative is required to file a petition for final distribution or a verified report on the status of the estate within one year after Letters are issued (or 18 months if a federal estate tax return is required).
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