Are the deceased's debts written off on death?

No. They are paid from the estate. They only die with the person where the estate cannot pay — and family members are not personally liable for them.

Duties · 5 min read

Paying estate debts in the right order

Debts are not paid first come, first served. There is a legal order, and it becomes critical the moment there is any doubt about whether the estate can pay everything.

Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.

The order of priority

Secured debts, out of the asset securing them — typically the mortgage
Reasonable funeral expenses
Testamentary and administration expenses, including the court fee and professional costs
Preferential debts, such as certain employee wages
Ordinary unsecured debts, including credit cards, utilities and HMRC
Interest on unsecured debts
Deferred debts, such as loans from a spouse

Then, and only then, the beneficiaries

Specific gifts are satisfied first, then general legacies, then the residue. Where funds are short, legacies abate proportionately rather than being paid in the order they appear in the will.

Paying out of order is personal

An executor who pays a lower-ranking creditor and leaves a higher-ranking one unpaid can be required to make good the difference personally.

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Before paying anything large

Confirm the estate is solvent, with a real margin
Place section 27 notices and let the period run
Check for guarantees, business debts and jointly held liabilities
Keep a written record of the order in which you paid and why

GOV.UK — Pay debts and taxes

Common questions

Are the deceased's debts written off on death?: No. They are paid from the estate. They only die with the person where the estate cannot pay — and family members are not personally liable for them.

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