Debts after someone dies: who has to pay

When someone dies, their debts are generally paid from the money and property they left, called the estate. If the estate cannot pay, and no one else shared responsibility for a debt, that debt usually goes unpaid.

When you may owe it

The CFPB lists these situations:

• You cosigned the loan (see cosigning a loan).
• You were a joint account holder on a credit card. An authorized user is different and generally is not liable for the balance.
• You are the surviving spouse and your state law makes spouses pay certain debts, such as necessary costs like health care, or you live in a community property state, where certain debts from the marriage are shared.
• You are the executor or administrator, and your state requires certain bills to be paid from property the spouses owned together.

Spouses, community property and estates are all matters of state law, so check your state. A lawyer who handles probate or consumer law can tell you how it applies.

What a collector may say

A collector may contact the surviving spouse, or the executor, administrator or other personal representative, to discuss paying debts from the estate. It may not say or suggest that you must pay from your own money unless one of the situations above applies. Harassment is forbidden. You can also tell it in writing to stop contacting you, even if you are responsible for the debt.

The Debt Collection Rule defines a consumer as a person obligated to pay a debt "whether living or deceased," so its protections apply when a collector pursues a dead person's debt.

When a collector calls

1. Hold back personal and account information until you know who you are dealing with. The CFPB warns that scammers read obituaries and call relatives posing as collectors.
2. Ask for the details in writing. A real collector must give validation information during the first conversation or within five days. A collector that refuses any details to a surviving spouse, the parent of a minor who died, or a personal representative may be a scam.
3. Dispute in writing within 30 days of the validation notice if you do not believe the debt is yours to pay. The collector must stop until it verifies the debt (see how to make a debt collector prove the debt).
4. Keep notes of each call: the date, the name given and what was said.

Getting help

Legal aid offices and lawyers who handle consumer law, probate or debt collection defense can tell you whether a debt is yours. The Eldercare Locator connects older adults and caregivers with local help, including free legal aid. If a collector breaks the rules, you can submit a complaint to the CFPB.