Skip to main content

What happens to debt when you die?

By SwiftWillUpdated England and Wales

Quick answer

When someone dies, their debts are paid from their estate before anything is passed to beneficiaries. Family members do not have to pay them from their own money, unless they were a joint borrower or a guarantor. Mortgages stay secured on the property. If the estate cannot pay everything, funeral and administration expenses come first and the executor should take advice before paying anyone.
On this page · 7 sections

Are debts paid before anyone inherits?

Yes. Everything the person owned is available to pay their debts and liabilities (Administration of Estates Act 1925, s.32). GOV.UK tells executors to pay the debts and settle the taxes first, including unpaid bills, personal taxes and overpaid benefits, and to distribute the estate only when the debts are paid or there is clearly enough to pay them.

Does your family inherit your debts?

No. Debts belong to the estate, not to relatives. Children, a spouse or parents do not become liable for a credit card, personal loan or utility bill in the person's sole name. If the estate runs out, creditors receive only what the estate can pay. The exceptions are debts someone else signed up to.

Who is responsible for common debts after a death
DebtWhat usually happens
Credit card, loan or overdraft in the person's sole namePaid from the estate; not passed to family
Joint loan or joint overdraftThe surviving borrower usually remains liable for the whole debt
Debt with a guarantorThe guarantor may be asked to pay under the guarantee
MortgageStays secured on the property; the lender's security is protected
Overpaid benefitsRepaid from the estate
Student Loans Company loanCancelled once the SLC receives evidence of the death

On joint accounts, Barclays, for example, says an overdraft becomes the surviving holder's (checked 24 September 2026). The Student Loans Company needs the customer reference number and a death certificate or coroner's certificate.

What happens if the estate cannot pay all its debts?

An estate that cannot pay its debts in full is insolvent, and a strict order applies. Under the Administration of Insolvent Estates of Deceased Persons Order 1986, article 4, the reasonable funeral, testamentary and administration expenses come first; after that, the rules used in bankruptcy decide how secured, preferential and ordinary creditors are paid. An executor who pays creditors in the wrong order can end up personally liable, so take advice from a solicitor or insolvency practitioner before paying anyone.

How do executors protect themselves from unknown debts?

They advertise for creditors before sharing out the estate. GOV.UK advises placing a notice in The Gazette that gives creditors two months to claim, and not distributing until the two months are up; if you distribute early and a debt cannot be paid, you may have to pay it yourself. Under section 27 of the Trustee Act 1925, an executor who gives the notices and waits is not liable for claims they had not been told about. Where the estate includes land, the notice also goes in a newspaper circulating in that area.

What should an executor do about debts?

The executor works through the debts in this order:

  1. List every debt, using statements and post.
  2. Tell each creditor about the death and ask for the balance at the date of death.
  3. Place the creditor notices and wait at least two months.
  4. Pay the debts from estate money, not from your own account.
  5. Take advice if the debts may be more than the estate is worth.

The executor checklist covers the full process, and bank accounts after a death explains how accounts are released. If the estate needs a grant first, see probate.

How can you make your own debts easier to deal with?

Keep a list of your accounts, loans and credit cards somewhere your executor can find it, and make a will that names who deals with your estate. The executor handover helps you record where things are, and you can make your will with SwiftWill for £35.

Sources

Sources checked 24 September 2026.

Frequently asked questions

Do children have to pay a parent's debts?

No, not from their own money, unless they were a joint borrower or a guarantor. Debts are paid from the estate. If the estate is not enough to pay them, the unpaid part is not passed on to the family.

What happens to a joint loan or joint overdraft?

The other borrower usually remains responsible for the whole debt under the agreement. For example, Barclays says a joint account overdraft becomes the surviving account holder's.

What happens to a mortgage when someone dies?

The mortgage stays secured on the property. Whoever inherits the home needs to agree with the lender how it will be repaid, whether by continuing payments, taking over the mortgage or selling. A mortgage on a jointly owned home stays with the surviving borrower.

What if the debts are more than the estate is worth?

The estate is insolvent. Reasonable funeral, testamentary and administration expenses are paid first, then debts are paid in the order set by insolvency law. Executors should take advice before paying any creditor.

Can an executor be personally liable for debts?

Yes, if they share out the estate without keeping enough to pay its debts and tax. GOV.UK advises placing a notice in The Gazette that gives creditors two months to claim, and not distributing until the two months are up.

Is a student loan paid from the estate?

The Student Loans Company cancels its loans when a borrower dies, once it receives evidence such as a death certificate. Tell it using the person's customer reference number.

What could help next?

Published by SwiftWill. First published ; updated . General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our corrections log.

We count visits and tool use to improve SwiftWill, without visitor IDs or will answers. How usage statistics work.