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A person’s death can leave behind outstanding debts, such as loans or credit card balances. But in the United States, the death of a spouse does not automatically mean the surviving partner must take on those obligations.
According to the Consumer Financial Protection Bureau (CFPB), a deceased person’s debts are generally paid with the money and assets they left behind, under state law. If that estate is not enough to cover them, the debt may go unpaid unless someone else is legally responsible.
When do you have to pay your deceased spouse’s debts?
The CFPB says there are situations in which the surviving spouse can be responsible for certain financial obligations.
Among the main exceptions are:
- Joint loans: when the person is a co-signer on their spouse’s loan.
- Joint credit cards: when both people are account holders. Being only an authorized user does not create the same responsibility.
- States with community property laws: where certain debts incurred during the marriage may be shared responsibility.
- State laws on necessary expenses: some jurisdictions impose payment obligations for certain essential expenses, such as medical care.
Responsibility depends on the type of debt, who signed the contract and the applicable state law.
What should you do if someone demands payment on a debt after your spouse dies?
The CFPB says getting a call from a collection agency does not mean you personally owe the money.
Collectors may contact the surviving spouse or whoever is handling the deceased person’s estate. However, they cannot falsely claim that person must pay with their own money.
If you get a demand, the agency recommends asking for the debt details in writing and checking whether there is a legal obligation.
If the person believes they do not owe the debt, they can dispute the debt in writing. If they send the dispute within 30 days of receiving the validation notice, the collector must stop contacting them until it verifies the debt in writing.
The agency also recommends seeking legal advice to determine which obligations apply and what protections exist under federal and state law.