PLEASE NOTE: We are still open for business and accepting new clients. To protect your safety in response to the threats of COVID-19, we are offering new and current clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Experience you can trust.
A reputation you can be proud of.
A team you can depend on.

Who is responsible for a decedent’s debts?

On Behalf of | May 16, 2025 | PROBATE & ESTATE ADMINISTRATION - Trustee; Executors & Fiduciaries

The debts a person accumulates when they’re living don’t just disappear when that person passes away. Instead, the creditors can turn to the person’s estate to recover the money they’re due. This is done by making a claim with the administrator of the estate. 

One of the primary duties of the administrator is to pay the debts of the estate. This must be done in an order that’s set by state law, and it’s handled prior to distributing assets to the beneficiaries. The estate can liquidate assets to cover the debts. Once there’s nothing left in the estate, no other creditors can be paid, and the estate is insolvent. 

Are loved ones ever responsible for these debts?

There are limited times when loved ones are responsible for paying the debts of a decedent. These include if the loved one is a co-signer or a joint account holder. Outside of those situations, the loved ones likely aren’t liable for paying those debts. 

Unfortunately, not all creditors follow the laws that are in place for these situations. Instead, they will try to pressure the decedent’s loved ones into paying debts that they aren’t responsible for. Because of this, loved ones shouldn’t ever provide personal or financial information to these debt collectors. Instead, they should point them to the administrator to file a claim against the estate. 

Estate administration duties can be challenging to handle. Individuals who are charged with this task should ensure they have assistance to ensure they’re doing what they should to handle the estate.