Originally Posted by
jabir
As missit says it seems logical that wills include as standard that the executor (or court) settles debts and taxes against the estate before distribution, otherwise legitimate creditors could tie up everything in court forever or until they're paid. While the litigation route would be great for lawyers and creditors, both on a win-win, the executor's duties include protecting the assets of the estate which means avoiding pointless court dramas where the outcome is a formality.