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What happens to credit card debt when you die?

It's a morbid yet common worry: What happens to credit card debt when you die?

The average credit card debt among those who carry a balance currently sits around $6,730 according to Experian, which means you could leave behind a significant amount if you pass away unexpectedly.

In most cases, credit card debt doesn’t just go away when a person dies. But what actually happens can depend on several variables, including where you live, the value of your estate, and whether or not you have a joint account.

Your credit card debt doesn't disappear when you die. Instead, it must be repaid from your estate.

A deceased person’s estate consists of the individual assets they leave behind, such as real estate property, bank accounts, and other valuables accumulated during their lifetime.

When you die, your estate typically enters probate, which is a legal process that handles the transfer of your assets. It ensures that all of your debts and taxes are paid before the remaining funds are passed on to family and friends. And if you owe a significant amount of debt, your beneficiaries may receive a reduced inheritance or no inheritance at all.

In most cases, the executor of the estate — the person listed in the will as responsible for carrying out the deceased's wishes — is responsible for settling any outstanding debts from the estate. If there isn't a will, the court may appoint an administrator or personal representative to handle it.

State laws differ, but creditors and lenders are paid by the deceased’s estate in a certain order throughout the probate process. Typically, unsecured debt like credit card balances is a lower priority than other payments and types of debt (like medical debt), and it's repaid last.

If your estate's assets are exhausted before repayment, your credit card accounts may be left unpaid. Similarly, if there is no estate (and no one else is responsible for the debt), then the debt may go unpaid.

Related: What happens to a bank account when somebody dies?

Except in some specific cases, family members are typically not responsible for a loved one's credit card debt. Here’s a closer look at specific cases when debt liability could extend beyond a deceased person’s estate:

  • You’re married and live in a community property state: In community property states, the deceased's spouse is responsible for repaying credit card debt that their partner accrued. This applies to debt accrued while you are married, not any debts one spouse took on before the marriage. Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

  • You had a joint credit card: If you have a joint credit card shared with a partner or relative, both joint account holders are responsible for the full outstanding balance. This differs from authorized users; if your loved one is an authorized user on your individual card account, they are not legally responsible for the balance (though they should stop using the card after the primary account holder dies).

  • Someone co-signed your account: Just like with a joint credit card account, anyone who co-signs with you for a credit card can be liable to pay debt on that card account after your death. Both joint accounts and co-signers are uncommon among major credit card issuers today.

The important thing to remember is this: Your spouse, parents, children, or other loved ones are generally not responsible for paying the debt themselves after you die.

According to the Federal Trade Commission, specific people like surviving spouses or executors of a deceased person’s estate may be contacted by debt collectors under the Fair Debt Collection Practices Act. But unless you fall into one of the above categories, they cannot state or imply that you are personally responsible for the debt.

Read more: Am I responsible for my spouse’s credit card debt when they die?

If a loved one has passed away and you think they may have outstanding credit card debt, there are six things you should do:

Do not use a deceased person’s credit cards after they die.

They may have ongoing expenses, such as their home's utility bills or funeral costs. But while using their credit card is a convenient way to pay for those expenses, the cards should not be used once the primary cardholder passes away.

This is true for authorized users, too. You cannot use the cards after the primary cardholder's death; if you do, it can be considered credit card fraud.

Your loved one may have had credit cards or loans in their name you didn't know about (or that they forgot about). You can request a copy of their credit reports for free at AnnualCreditReport.com. The credit reports will show what accounts are open in their name, and what the balance is on each account.

Related: How to check your credit score for free

Using your loved one's credit report, contact the creditors of any open accounts about the deceased's passing. The credit report will list the creditor's name and contact information, including their mailing addresses and phone numbers.

The creditor may require you to submit documentation to close the accounts, including:

  • A copy of the deceased's death certificate

  • Proof that you are legally authorized to handle their estate, such as a legal document listing you as the estate's executor

Next, notify the credit bureaus — Equifax, Experian, and TransUnion — of your loved one's passing. You'll need to submit a notification in writing along with the following information:

  • A copy of the deceased's death certificate

  • The deceased's Social Security number

  • Proof that you are authorized to act on their behalf, such as a copy of a legal document that names you as executor

  • Your mailing address

  • A copy of your driver's license or other government-issued ID

You only have to submit that information to one of the credit bureaus; that credit bureau will then notify the other two on your behalf.

You can mail that information to one of the following addresses:

  • Equifax: Equifax Information Services LLC P.O. Box 105139 Atlanta, GA 30348-5139

  • Experian: Experian P.O. Box 9701 Allen, TX 75013

  • TransUnion: TransUnion P.O. Box 2000 Chester, PA 19016

Laws can vary significantly by state; If you aren't sure if you are responsible for a loved one's debt after their death, consider getting legal advice. It's a good idea to consult with a lawyer in your area who specializes in consumer law, estate planning, probate issues, or debt collection. It's wise to meet with a lawyer before speaking with or confirming an account with a debt collector.

You can find lawyers through your state bar association. The Consumer Financial Protection Bureau also has resources for finding lawyers and legal aid in your area.

6. Get details about outstanding debt in writing

If a debt collector reaches out to you about a deceased loved one's death, they are legally required to provide you with specific information about the debt during the first communication with them or within five days of the first communication.

If the debt collector claims you owe a loved one's credit card balance, the notice — known as a debt validation notice — must include the following details:

  • A statement that it comes from a debt collector

  • The name of the deceased and your name

  • The name of the creditor who is owed

  • The account number associated with the debt

  • Itemization of the current debt, including late fees and interest

  • The current amount of debt at the time of the notice

  • Instructions on how to respond if you think you don't owe the debt

  • An end date to the 30-day period when you can dispute the debt account

You have 30 days after receiving the notice to dispute the debt.


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