Is it obligatory for the heirs to pay off the debt of their deceased if he did not leave behind sufficient assets?

Question : The questioner asks: Is it obligatory for the heirs of the deceased to pay off what he owed in debt if what he left behind is not sufficient to settle his debt?

Answer : The heirs of the deceased are not required to pay off his debt if what he left behind is insufficient to settle it, but it is obligatory for them to devote everything he left to paying off his debt, because Allah the Exalted only established inheritance after the settlement of debts and bequests. Therefore, we say that if a person dies owing ten thousand and leaves only eight thousand, the heirs have no right to take anything from those eight thousand; rather, they must spend it on paying off the debt. As for the remaining debt, if they volunteer to pay it, they will be rewarded for that, and if they do not volunteer to pay it, they are not sinful for leaving it, based on the saying of Allah the Exalted: "And do not burden another with your load."