03Expert Video Answers

Does the family have to pay a deceased person's debts in Australia?

Kevin Finn's profile pictureAnswered byKevin FinnHead of LegalAuthored & legally reviewed27 July 2026Watch · 0:58

Family members do not normally inherit a deceased person’s personal debts. Those debts are paid from the estate: funeral and administration costs first, followed by secured debts and then unsecured debts. If the estate has insufficient assets, it may be insolvent and some debts may remain unpaid. A surviving joint borrower or someone who guaranteed a debt can still be personally liable, so executors should distinguish individual debts from joint or guaranteed obligations.

For related guidance, see when does a power of attorney end in Australia?.

Read the video transcript

The short answer is no. In Australia, you cannot be responsible for someone else's debts when they die. Debts belong to the deceased person, and their assets must be applied in a strict order: funeral costs first, then administration expenses, secured debts like mortgages, and finally unsecured debts such as credit cards and unsecured loans to friends and family. If the estate runs completely out of money, it is declared insolvent and the remaining debts are written off. The exceptions are debts held jointly with another person, or debts that another person guaranteed the deceased would repay.

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