(May 2021) If a person passes away with debt, debts will typically be paid out of their estate. The estate is made up of all of the person’s assets, including their home, cash, business interests, investments and any other property they may own. It is the role of the executor or administrator to find out what debts have been left behind and work out whether there are enough assets in the estate to cover the debts due. When there is not enough to cover all the debt, creditors will be paid out in a certain order until all of the money is gone.
Before the executor pays off any debts from the estate, they are permitted to cover costs of the funeral and any administration of the estate. Once they have a grant of probate, they can then begin the process of paying off the debts before any money is distributed from those named to inherit in the Will. The order in which debts must be paid is as follows:
Where there is not enough money to cover all of the debts, this hierarchy ensures the most important are paid off first. If there are assets such as a car or valuables, the executor may sell these to pay off debts on an estate.
Where a debt is held in joint names, such as a mortgage, the surviving party who is named on the lending documentation will take on liability for the full outstanding amount.
If the deceased borrowed in their name only, the debt will not pass to a spouse, civil partner or any other person, unless they have provided a guarantee on the loan.