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Estate Administration

Estate Liabilities

Also known as: Estate Debts

The debts and expenses owed by a deceased estate, which must be paid out of estate assets before beneficiaries receive anything.

What it means

Estate liabilities are everything the deceased estate owes: mortgages, credit-card balances, personal loans, utility accounts, funeral costs, tax and the expenses of administration. The executor must settle these from estate assets before any estate distribution to beneficiaries. Debts do not simply disappear at death — but they are paid from the estate, not personally by the family, unless someone was a co-borrower or guarantor.

How it's used

Liabilities are paid in a legal order of priority, with funeral and administration expenses typically ranking first. Example: "After the funeral, the mortgage and the ATO were paid, the estate liabilities left just $90,000 for the two beneficiaries to share." If liabilities exceed assets, the estate is an insolvent estate and special rules apply.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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