Should You Pay Off Debts Before Making a Will or Trust?

Takeaways

• Balancing debt repayment and estate planning is key — both influence your financial stability and your family’s protection.
• Debts don’t vanish after death. Creditors can file claims against your estate, potentially reducing what your heirs inherit.
• You can (and should) create a will or trust even while paying off debt — these legal tools protect loved ones and provide clarity.
• Prioritize high-interest or unsecured debt repayment while still putting basic estate planning documents in place.
• Combining professional financial and legal advice helps align debt management with long-term legacy goals.
• Being debt-free isn’t required for estate planning, but having a plan for how debts will be handled is essential.

The Debt vs. Estate Planning Dilemma

Many people delay estate planning because they feel weighed down by debt — credit cards, student loans, mortgages, or personal loans. The logic seems simple: I’ll create a will or trust once my finances are in better shape.

This hesitation is common but risky. According to a Gallup poll, only 46 percent of U.S. adults have a will. When you combine this with the fact that the average American holds over $105,000 in debt (according to 2024 Experian data), it’s clear that millions of families are left financially vulnerable.

Life’s uncertainties don’t wait for your balances to hit zero. Estate planning isn’t only for the wealthy, but for anyone who wants control over how their affairs are handled if they pass away or become incapacitated.

Debt and estate planning are connected, not competing priorities. The right plan doesn’t ignore debt — it accounts for it.

Why Debt Shouldn’t Delay Estate Planning

Even if you still owe money, your estate remains a legal entity after you pass away. If you die without a will or trust, state law decides how your property — and your debts — are managed. This process, known as probate, can be lengthy and stressful for families. Without clear instructions, your loved ones could face confusion, delays, and even conflict over what to do next.

Creating a will or trust ensures that:

• Someone you trust is legally empowered to manage your estate
• Assets and liabilities are handled according to your wishes
• Your dependents have guidance and support without court interference

Estate planning isn’t about the size of your bank account; it’s about the structure of your decisions.

What Happens in Practice? A Tale of Two Scenarios

• Scenario A (No Will): Sarah, a single mother with a mortgage and credit card debt, passes away unexpectedly. The court must appoint an administrator, the probate process takes 18 months, and legal fees eat into her estate. Her children face a long period of uncertainty.
• Scenario B (With a Will): John, in the same financial situation, had a will appointing his sister as executor. The will directed her to use his savings to pay off the credit cards and to sell the house, with the proceeds going to his children. The process is handled privately and efficiently in six months, exactly as John intended.

How Debts Are Handled After Death

When a person dies, their debts don’t disappear. Creditors have a right to request repayment from the deceased person’s estate before any inheritance is distributed.

Secured vs. Unsecured Debt

• Secured debts (like a mortgage or car loan) are tied to specific property. The lender can reclaim or sell the asset if payments stop.
• Unsecured debts (like credit cards, medical bills, or personal loans) must be paid from the estate’s remaining assets, if any.

It's also worth noting that different types of debt have unique rules. For instance, federal student loans are typically discharged upon death, whereas private student loans may need to be paid by the estate or a co-signer.

If the estate lacks sufficient funds, some debts may remain unpaid. Creditors can’t usually go after heirs unless they co-signed or are legally liable for the debt.

Community Property and Joint Accounts

In community property states, such as California, a surviving spouse might share responsibility for certain debts incurred during the marriage. Joint credit cards or co-signed loans can also create shared obligations that persist after one partner dies.

Estate planning helps clarify who handles these debts and ensures your family doesn’t bear unnecessary financial stress.

Why a Will Still Matters When You Have Debt

A will is one of the most practical tools for managing debt after death. It gives your executor — the person you choose to handle your estate — a legal roadmap.

Through a will, you can:

• Appoint a trustworthy executor to deal with creditors and paperwork
• Direct which assets should be sold or retained
• Specify how remaining funds should be distributed once debts are paid

Without a will, the court appoints an administrator who might not understand your financial intentions. That can prolong the probate process and increase legal costs.

In short, a will doesn’t eliminate debt; it organizes it.

The Role of Trusts in Protecting Assets

Trusts, especially living trusts, are powerful tools for streamlining estate administration and providing privacy.

A revocable living trust allows you to maintain control of your assets during your lifetime and appoint a successor (backup) trustee to manage them upon your death. However, because the trust is revocable, creditors can still make claims against it while you’re alive or shortly after death.

An irrevocable trust, by contrast, transfers ownership of the assets completely. When properly created and funded well before debts arise, it can provide some protection against creditors.

How a Trust Can Help

A trust doesn’t automatically shield assets from legitimate debts — but it can reduce court involvement, speed up distribution, and help preserve value for your beneficiaries.

Trusts are particularly useful when:

• You own property in multiple states
• You want to avoid public probate records
• You wish to manage inheritance for minors or dependents responsibly

When to Pay Off Debt First

In some cases, focusing on debt repayment before committing to a detailed estate plan makes sense. This may apply if you:

• Have high-interest debt that grows faster than your savings
• Possess few assets or no dependents who rely on your estate
• Are insolvent or facing significant financial distress

If your financial situation is unstable, debt consolidation, credit counseling, or negotiating with creditors may take short-term priority. Once your budget stabilizes, you can revisit estate planning with greater flexibility and confidence.

Still, even in these scenarios, creating a basic will and health care directive is wise. It ensures someone can legally handle matters if you’re unable to.

When to Create a Will or Trust Even With Debt

Most people benefit from making a will or trust now, regardless of debt level. Here’s why:

• Children or dependents: Without a will, courts decide guardianship and inheritance.
• Property ownership: A will directs who receives your home or how it should be sold.
• Health and end-of-life decisions: Advance directives and powers of attorney ensure your medical and financial choices are respected.
• Debt management: Your executor can handle creditor notices and settle obligations efficiently.

Estate planning with debt isn’t about hiding from creditors — it’s about giving your loved ones clarity instead of confusion.

Coordinating Debt Strategy With Estate Planning

Debt management and estate planning work best when aligned. Together, they form a picture of your overall financial wellness.

Practical Steps to Get Started

1. List all assets and debts. Include account numbers, balances, and contact information.
    
2. Meet with professionals. A financial planner can design a debt reduction plan while an estate planning attorney ensures your documents are valid.
    
3. Designate beneficiaries. Certain accounts, like life insurance and retirement plans, can pass directly to loved ones without probate.
    
4. Review annually. As debts decrease or assets grow, update your documents accordingly.

By coordinating both sides of your finances, you prevent one plan from undermining the other.

Professional Guidance: Aligning Legal and Financial Goals

Balancing debt and estate planning is rarely a one-size-fits-all process. It requires coordination between professionals who understand both worlds.

• Estate planning attorneys ensure your will, trust, and power of attorney reflect your intentions and comply with state laws.
• Financial advisors create repayment and savings strategies that complement your estate goals.

Together, they can help you:

• Protect family assets from unnecessary taxation or loss
• Prioritize which debts to tackle first
• Structure inheritances to reduce risk for your beneficiaries

The peace of mind that comes from coordinated planning often outweighs the cost of professional advice.

Debt doesn’t have to be a barrier to estate planning — and estate planning doesn’t have to wait for financial perfection.

Creating a will or trust today can prevent confusion tomorrow. As your financial circumstances evolve, you can revise your documents, adjust beneficiary designations, and celebrate every step toward being debt-free.

Estate planning is not just about what you leave behind; it’s about protecting your family’s stability and dignity, starting today.

Bottom Line

You don’t need to be debt-free to protect your loved ones. By addressing both debt and estate planning together, you create a roadmap that secures your family’s future, regardless of what you owe today.

FAQs

1. Can I make a will if I still have debt?
Yes. Debts don’t prevent you from creating a will. The will simply outlines how those debts should be managed after your death.

2. Will creditors take everything from my estate?
No. Creditors can only collect what your estate legally owes. Certain assets, such as life insurance benefits or retirement accounts, may be protected from claims.

3. Are my children responsible for my debts?
Typically, no. Debts are settled from the estate’s assets. Heirs are not personally responsible unless they co-signed the loan or are joint account holders.

4. How can I protect my family from my debts?
Maintain sufficient life insurance, name beneficiaries on accounts, and establish a trust if appropriate to manage how assets transfer after your death.

5. Do I need both a financial planner and an estate planning attorney?
Ideally, yes. A coordinated approach ensures your repayment plan and estate documents support each other effectively.

Lyle Solomon has extensive legal experience, in-depth knowledge, and experience in consumer finance and writing. He has been a member of the California State Bar since 2003. He graduated from the University of the Pacific’s McGeorge School of Law in Sacramento, California, in 1998 and currently works for the Oak View Law Group in California as a principal attorney.