Repaying the deceased's debt in full before distributing the inheritance
Is it permissible for a son who settled his deceased father’s 30,000 riyal debt, as the father had little money, to take the amount he paid to settle the debt before dividing the estate among heirs who demand their shares?
If it is proven that you settled your father’s debt after his death out of your own money, you will be entitled to take it back out of the estate before dividing it among the heirs. If the heirs refuse to pay it back to you, it will be a case of dispute among heirs which is to be brought before Shar’i (Islamic legal) courts. Therefore, you may demand your right through legal proceedings if you so wish.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Date: Muharram 12, 1442 AH
Source: Fatawa Al-Lajnah Ad-Da'imah no. 2510
Shaykh Abdul-Aziz ibn Baz
Shaykh Abdul-Razzaq al-Afify
Shaykh Abdullah ibn Ghudayyan
Shaykh Abdullah ibn Qa'ud