Q: Will a personal guarantee survive the death of guarantor and can full debt be collected from his estate?
A:
All valid debts (claims) will be paid through an Oregon probate. The validity of the debt will be evaluated by the Personal Representative. If a claim is disallowed by the Personal Representative the creditor can ask for a hearing and the Probate Judge will determine the validity of the claim.
The answer to your specific question will depend on the facts of your situation. What type of "personal guarantee" was it? Was there anything in writing? How will you prove that you are owed the money?
Nina Whitehurst agrees with this answer
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