Law of Wills, 2016A

e paid by the Estate, the debt secured by the ... deed of trust is to be paid by the Estate, resulting in
the Plaintiffs’ acquiring unencumbered title to the real estate which was devised to them.”
IV. Conclusion
The circuit court’s February 10, 2011, judgment order is affirmed.
Affirmed.
15.5.2 Abatement
The problem of abatement occurs when the testator dies without enough property to pay his
or her debts and all of the devises. Thus, after it ensures that the creditors are paid, the probate
court may have to abate or reduce some devises. Unless the testator indicates otherwise, the devises
are abated in the following order: (1) residuary devises are reduced first; (2) general devises are
reduced second on a pro rata basis; and (3) specific and demonstrative devises are the last to be
abated.
Example:
In 2013, Trudy executed a will containing the follow devises: $100,000 to A; 300,000 to B; stamp
collection to C; and the rest of the estate to D. At the time the will was executed, Trudy’s estate was
valued at $500,000. In 2014, Trudy was diagnosed with end stage renal failure. As a result of end-oflife
expenses, when Trudy died in 2016, her estate was only worth $100,000.
Explanation:
The first devise to be reduced is the residuary, so D takes nothing. The second devise to be abated is
the general devise, so the devises to A and B are reduced. Since Trudy wanted B to receive three
times as much as A, B gets $75,000 and A gets $25,000. C gets her specific devise, the stamp
collection.
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