Does a person's debt go away when they die? | Consumer Financial Protection Bureau (2024)

FAQs

Does a person's debt go away when they die? | Consumer Financial Protection Bureau? ›

If there is no money or property left in an estate, or the estate can't pay, then the debt generally goes unpaid. For example, when state law requires the estate to pay survivors first, there might not be any money left over to pay debts.

When someone dies, their debts are generally paid out of the money or property left in the estate. If the estate can't pay it and there's no one who shared responsibility for the debt, it may go unpaid. Generally, when a person dies, their money and property will go towards repaying their debt.

Upon your death, unsecured debts such as credit card debt, personal loans and medical debt are typically discharged or covered by the estate. They don't pass to surviving family members. Federal student loans and most Parent PLUS loans are also discharged upon the borrower's death.

Credit card debt doesn't follow you to the grave. Rather, after death, it lives on and is either paid off through estate assets or becomes the responsibility of a joint account holder or cosigner.

If you are the executor or administrator of the deceased person's estate, debt collectors can contact you to discuss the deceased person's debts. Debt collectors are not allowed to say or hint that you are responsible for paying the debts with your own money.

Car Loans. A car loan is not forgiven on death. It becomes the responsibility of the estate and any co-signer. The estate can send a death certificate to the lender and pay off the full amount of the loan and pass the car along to the person designated to inherit it.

Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first.

If there is no money or property left in an estate, or the estate can't pay, then the debt generally goes unpaid. For example, when state law requires the estate to pay survivors first, there might not be any money left over to pay debts.

Retirement Accounts, Insurance, Trusts

Retirement account assets and insurance proceeds with designated beneficiaries are treated differently than other assets and provide more protection from creditors.

Certain debts are inherited after you die; others aren't. Inherited debts may include: Joint debts: If you took out a loan with someone else, they're responsible for repaying it after you die. Many types of debts can be joint debt; mortgages and car loans are the most common.

Do you have to pay a deceased person's credit card bills? ›

It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.

Yes, you should notify credit card companies when a credit card holder passes away. This ensures you protect their identity, as well as protect their accounts from fraud and theft. By closing the accounts, you can also put a stop to future charges, including interest charges and recurring charges.

When an executor uses the credit cards of a deceased family member without proper authorization, they are engaging in fraudulent activity. This is because the executor does not have the legal right to use someone else's credit cards without their consent, even if that person has passed away.

Once you have probate or grant of administration, you can use the money in the estate to pay off the debts not covered by insurance. This is more important than distributing the estate to any heirs. The debts are paid in a specific order: Secured debts, such as mortgage repayments.

This requires confirmation of death, usually in the form of providing the bank with a certified death certificate. If there are no complications, once the funds are released the account will be closed.

When a person dies, creditors can hold their estate and/or trust responsible for paying their outstanding debts. Similarly, creditors may be able to collect payment for the outstanding debts of beneficiaries from the distributions they receive from the trustee or executor/administrator.

If the personal representative distributes money to heirs when debt is outstanding, a creditor can file a claim or lawsuit against: The heir(s) for the return of the money; or. The estate executor or personal representative if the individual refuses to file a petition to have the heir turn over the money to the estate.

Banks and other financial institutions commonly freeze the accounts of deceased individuals to prevent fraud. This is one reason why it's important to have a POD or TOD beneficiary designated to ensure your money can be accessed by your loved ones if you pass away.

However, once the three nationwide credit bureaus — Equifax, Experian and TransUnion — are notified someone has died, their credit reports are sealed and a death notice is placed on them. That notification can happen one of two ways — from the executor of the person's estate or from the Social Security Administration.