Is the legal heirs responsible for the debs of the deceasedperson

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After a death, the executor of the deceased’s will is responsible for notifying creditors of the death. At that point, the creditors submit proof of the debts, and ask for repayment from the estate. The executor will then pay off the debts, first by using whatever cash the deceased left, and then by liquidating whatever assets are left. If there is still not enough to pay off the debts, then the estate is declared insolvent. The creditors cannot then go after the heirs — unless they were cosigners on any of the debts.

When the estate pays the creditors, secured debts (meaning debts with an asset attached, like a home or a car) are paid first, while unsecured debts (generally, credit cards) are paid afterwards. This means that the unsecured debts might not receive a payment in the case of an insolvent estate.



There are many complications one may undergo in dealing with the debts paid after the death of a person. People can go with probate process or can take the advice of legal experts, which involves probate expenses, court fees and legal expert fees.

Prevention is always better than cure. The hassles of paying of the debts and dividing the estate among the heirs can be avoided, with the creation of a will. There are various benefits of making a will which also includes appointing a trustworthy person as your executor. Anybody with a property/asset, who is of sound mind and is above 18 years age holds the right to make a will.

Advocate Ishan Rohan LawRato