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Legal guide · Victoria

What happens to debt when someone dies in Victoria?

Debts are generally paid from the estate before anything is distributed. Family members usually aren’t personally liable — unless they guaranteed or jointly held the debt.

Wills & estates

When someone dies, their debts are generally paid out of their estate before anything is distributed to beneficiaries. Relatives usually aren’t personally responsible for the deceased’s debts.

The estate pays first

The executor or administrator uses the estate’s assets to pay debts and taxes before distributing the rest. Beneficiaries receive what’s left.

Is family liable?

Generally no — unless the debt was jointly held or personally guaranteed, such as a joint loan or mortgage.

If the estate can’t pay

If the estate is insolvent, there are rules about the order debts are paid, and beneficiaries may receive little or nothing. Executors should get advice before distributing.

How we help

We advise executors and families on estate debts and administration. Book a consult and we’ll make the picture clear.

Common questions

Good to know

Am I responsible for a relative’s debts when they die?

Generally no — unless the debt was jointly held or personally guaranteed. The estate pays first.

What if the estate can’t pay all the debts?

If it’s insolvent, there are rules about the order debts are paid, and beneficiaries may receive little. Executors should get advice before distributing.

General information only — for advice about your situation, see more guides or book a consult with Waters & Co Lawyers.

Dealing with a loved one’s estate? We can help.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.