What happens if a person dies with outstanding debts?

On Behalf of | Sep 15, 2025 | Probate

Most people have debts when they pass away, which means their loved ones will have to deal with the creditors. This comes at a time when they’re already dealing with the intense emotions of their loss. 

Anyone who’s in this position should know exactly how to handle these debts. In almost all cases, the debts will be taken care of by the estate. There are some exceptions to this, specifically if there’s a joint account holder or a cosigner on the account. In those cases, that individual would be liable for the specific debt. 

How does the estate pay for the debts?

The estate administrator will validate debts to determine which ones the estate is responsible for. Those are paid in a specific order that’s set by the law. If there are assets that can be liquidated to pay the debts, the administrator will take care of doing that. If there aren’t assets to cover debts, the estate is insolvent. It’s possible that only some debts will be paid. 

What should loved ones do if they’re contacted by creditors?

Debtors sometimes try to collect on a decedent’s debts by contacting their loved ones. The loved ones should direct the creditor to the estate administrator for assistance. They shouldn’t provide financial or personal information to the creditor. 

Determining how to handle debts after a person dies can be a complex undertaking, particularly if they had several. It’s critical that they’re handled in the proper order and manner because missteps can have a negative impact on the property division process. It may be beneficial to work with someone who’s familiar with these matters so they can assist you with each step of the estate administration process.