Key takeaways
- Debts are generally paid from the person’s estate, the money and property they left.
- Family members usually aren’t responsible unless they were a co-signer, a joint account holder, or another exception applies.
- An authorized user is generally not responsible for the account’s debt.
- If the estate can’t pay, the debt may go unpaid.
- Collectors may contact the estate’s representative, but can’t say you owe a debt you don’t.
When someone close to you dies, calls or letters about their unpaid credit cards can be confusing and upsetting. The most important thing to know: you usually aren’t personally responsible for a loved one’s debts. Here’s how it works. This is general information; an estate attorney can advise on your situation.
Who pays: the estate
When a person dies, their debts are generally paid from their estate, the money and property they left behind. According to the CFPB, if the estate can’t pay the debt and no one else shared responsibility for it, the debt may go unpaid.
The estate’s representative, often called the executor or administrator, handles paying debts from the estate’s assets, following state law on what gets paid first.
When family members may be responsible
The CFPB explains you’re generally not responsible for a deceased person’s debts unless:
- You were a co-signer on the debt.
- You were a joint account holder on the credit card, not just an authorized user.
- You’re a surviving spouse in a state where law requires spouses to pay certain debts, such as some community property states.
- You’re the executor or administrator and state law requires paying a bill from jointly owned property.
Being the executor doesn’t make you responsible for paying debts with your own money, unless the debt is also yours.
What about authorized users?
If you were an authorized user on the person’s card, the CFPB says you generally aren’t responsible for the balance. Stop using the card once you learn of the death.
If a debt collector contacts you
According to the CFPB, a collector may contact the person who handles the estate. It may also contact relatives to find out who that is, but generally can’t discuss the debt with people who aren’t responsible for it.
A collector can’t say or imply that you must pay the debt from your own money if you aren’t responsible for it. If you’re not the estate’s representative, you can tell the collector so.
What to do
- Find out who the executor or administrator is. If there isn’t one yet, the probate court in the person’s county can explain the process.
- Notify the card companies and credit bureaus of the death, with a copy of the death certificate.
- Don’t pay from your own money unless you’re sure you’re responsible. Ask for the debt details in writing first.
- Keep records of all calls and letters.
- Get help: a probate or estate attorney, legal aid, or your state attorney general’s office.
Watch out for scams
Scammers sometimes target grieving families with fake debt claims. Be suspicious of pressure to pay immediately, threats, or requests for gift cards or wire transfers. See fake debt collectors: how to spot a scam, and read your rights when a debt collector calls.
The bottom line
A loved one’s credit card debt is generally paid from their estate, not by family members. Unless you co-signed, shared the account or another exception applies, you usually don’t owe it. Ask for details in writing, let the estate’s representative handle it, and get legal help if you’re unsure.
Sources: CFPB: does a person’s debt go away when they die · CFPB: authorized users and a deceased relative’s credit card · CFPB: can a debt collector contact me about a deceased relative’s debts