Am I legally required to administer my mother's estate if she died owing money?

Question

My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer my mother's estate first, so she gets my father's money, and her creditor can get paid.

Elaine Shay · Answer

If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.

Michael David Siegel · Answer

You do not need to administer your mother's estate.  There is a procedure for the creditor to petition the Public Administrator to administer your mother's estate to get paid.  It is true that your mother's estate is a beneficiary of your father.

Q: Am I legally required to administer my mother's estate if she died owing money?