Prioritizing funeral expenses over debts

Question:
He says: Your Eminence the Shaykh, I seek Allah's forgiveness. You mentioned (may Allah preserve you) that the estate is subject to rights, and you mentioned that the first of these rights is debt. Yes, so what about the cost of preparing the deceased, washing him, burying him, and clothing him? Is this considered part of the estate?

Answer:
This will come up, if Allah wills, in the book on inheritance that we have reached. However, there is a difference of opinion on this issue. Some scholars say to prioritize the deceased's expenses, because when the man in ihram died with the Messenger (peace and blessings be upon him) at 'Arafah, he said and did not ask whether he had any debt or not. Also, because his intention in life takes precedence over debt. Likewise, the cost of preparing him, including his shroud, the fee for washing him, and the fee for digging the grave. The cost of preparation is the longest item to be prioritized over debts. This is the first opinion. The second opinion is no; debts take precedence over the cost of preparation, because no one will pay off the debts. As for the cost of preparation, the ruler or the public treasury will handle it. If there is no money for preparation, the ruler is the one who prepares him; the public treasury prepares him. Yes.