Does the family have to pay a deceased person's debts in Australia?
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.
Need a hand?
Willed’s team helps Australians with this every day.
You might also wonder
More on estate planning
0:36Can I appoint someone to make medical and guardianship decisions for me in Australia?Kevin Finn
0:27What are the first practical steps to take after a family member dies in Australia?Kevin Finn
1:03What are the most important things to sort out before you die in Australia?Kevin Finn
0:35How do I register a death and get a death certificate in Australia?Kevin Finn
