What Happens to Debt When You Die? - Experian (2024)

In this article:

  • How Debt Is Handled After Death
  • Who Is Responsible for Your Debt When You Die?
  • Which Debt Can Be Inherited?
  • Which Assets Are Protected From Creditors?
  • How to Notify Creditors of Death

Whether it's a mortgage, a car loan or a credit card bill, some people die still owing debts. But what happens to your debt when you die? Any debt that remains after someone dies will either be paid from their estate, paid by a cosigner or left unpaid if there are insufficient funds. Here's a closer look at how different debts may be dealt with after the borrower's death.

How Debt Is Handled After Death

Your estate is a legal term that encompasses everything you own. It includes your savings, your home, your investments and more.

Your estate is distributed in a legal process called probate. If you have a will, a probate court will confirm the document is legitimate. The judge ensures that the executor named in your will distributes your property and pays any taxes you owe.

If you die without a will, a probate court will decide how to split up your estate. The judge will name an administrator to oversee the process and instruct them what to do.

Who Is Responsible for Your Debt When You Die?

When you die, any outstanding debts are classified as either secured or unsecured.

  • Secured debt: Secured debt is backed by collateral. If the debt isn't paid, the lender can take the collateral to satisfy the loan balance. Mortgages and auto loans are common types of secured debt, so the car or home you're financing serves as collateral for the loan. If you don't make your payments, the lender can repossess your car or foreclose on your home.
  • Unsecured debt: Unsecured debt is not backed by collateral. Credit cards, student loans and some personal loans are common types of unsecured debt.

Both secured and unsecured debts are paid out of your estate.

If your estate can't pay off a secured debt, the property used as collateral might be sold, refinanced or given to the lender to pay off the loan. You can also make arrangements in your will or estate plan to have a trust or other entity repay the secured debt over time.

For unsecured debt, the money and other assets in your estate will be used to pay off the debt.

If your estate doesn't have enough money to pay your debts, your state's laws determine which creditors get paid. Secured debts generally take precedence in this case, so some unsecured debts may not get paid.

Authorized users on your credit cards aren't responsible for paying any outstanding balances after you die.

Which Debt Can Be Inherited?

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.
  • Cosigned debt: When someone cosigns on a loan or credit account, they're agreeing to pay the debt if you don't. If you die and your estate can't repay the debt, your cosigner becomes responsible.
  • Home equity loan on an inherited house: If you have an outstanding home equity loan, whoever inherits your house also inherits that debt.
  • Debt in community property states: The nine community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. (Alaska gives couples the option to make their property community.) If you live in one of these states, your spouse may be responsible for certain debts after you die, even if you're the sole borrower.
  • Timeshares: Timeshare owners sometimes add their heirs to the timeshare deed. Anyone else you put on the deed will inherit the timeshare—and the responsibility for its annual maintenance fees.
  • Medical debt: Laws in some states hold spouses or children legally responsible for certain types of medical debt.

Which Assets Are Protected From Creditors?

The following types of assets are protected from creditors.

  • Retirement accounts such as employer-sponsored 401(k) or 403(b) plans, Solo 401(k)s, SEP IRAs, Simple IRAs, Roth IRAs and health savings accounts are exempt from creditor claims.
  • Life insurance payments go to your beneficiaries and don't have to be used to pay your debts.
  • Living trusts allow you to pass on property to your heirs and avoid probate. Assets held in a living trust are protected from creditors.
  • Brokerage accounts, which are taxable investment accounts held with an investment firm or brokerage, can't be taken by creditors.

How to Notify Creditors of Death

Your loved ones or the executor of your will should notify creditors of your death as soon as possible. To do so, they'll need to send each creditor a copy of your death certificate.

Creditors generally pause efforts to collect on unpaid debts while your estate is being settled. They will also alert the three consumer credit bureaus (Experian, TransUnion and Equifax) of your death. When this happens, the specific account will be marked as associated with a deceased person.

Your spouse or executor can also contact Experian, TransUnion and Equifax directly to inform them of your death and submit copies of the death certificate.

It's also a good idea for the people in charge of your estate to get a copy of your credit report. This lists all your creditors in one place, which can be useful in the probate process and for helping your loved ones notify them of your death.

The Bottom Line

Your loved ones may assume they're responsible for any debts you owe when you die. However, that isn't usually the case. Most debts will be paid out of your estate, and some may go unpaid. Before making any payments, family members should consult an attorney to clarify which debts they do and do not have to pay.

What Happens to Debt When You Die? - Experian (2024)

FAQs

What Happens to Debt When You Die? - Experian? ›

Whether it's a mortgage, a car loan or a credit card bill, some people die still owing debts. But what happens to your debt when you die? Any debt that remains after someone dies will either be paid from their estate, paid by a cosigner or left unpaid if there are insufficient funds.

What happens to debts when you die? ›

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.

When a person dies, what happens to their credit card debt? ›

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.

What do you do with Experian when someone dies? ›

Here's how to report a death to each credit reporting agency: Experian: Mail a copy of the death certificate to Experian's Consumer Assistance Center, P.O. Box 4500, Allen, TX 75013, or upload it online.

What debts are not forgiven at death? ›

Additional examples of unsecured debt include medical debt and most types of credit card debt. If you die with unsecured debt, repayment becomes the responsibility of your estate. Your legal estate refers to all the assets, property and money left behind by you or another deceased person when they die.

Can creditors go after family members? ›

Similarly, creditors do not have the right to go after the assets of parents, children (for instance, child support), siblings, or any other family members.

Can creditors go after beneficiaries? ›

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.

Do I have to pay my deceased mother's credit card debt? ›

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.

Who pays a deceased person's credit card debt? ›

After someone has passed, their estate is responsible for paying off any debts owed, including those from credit cards. Relatives typically aren't responsible for using their own money to pay off credit card debt after death.

Can I use my mom's debit card after she dies? ›

While credit and debit cards make purchasing things much more convenient, they're also tied to the accounts and identities of the persons they're registered with. This means it's illegal to use the payment card of another person.

Do I need to notify Experian of a death? ›

Now, it's time to talk about how to notify credit bureaus of a death. The three credit bureaus you'll want to notify are: TransUnion, Equifax, and Experian. You'll want to repeat the following instruction steps for each respective agency: Obtain the death certificate.

Do credit bureaus need death certificates? ›

Lender and creditor contact information can be found on the credit reports. You may be required to provide a copy of the person's death certificate and other legal documents. A joint account may remain open even after one of the people has died.

What is the deceased flag on Experian? ›

If identity theft is a stated concern, Experian will add a security alert after the file has been changed to reflect the person as deceased. If there are additional concerns, Experian will add a general statement to the file at the direction of the spouse/executor.

Do children inherit debt? ›

Statistically speaking, almost three out of four people are going to die with debt, which raises a very real concern for spouses and children of the deceased: Can you inherit their debt? Good news: In nearly all circ*mstances, you won't! The deceased's estate is responsible for settling most, if not all, debts.

Do I inherit my parents' medical debt? ›

Typically, heirs are not held responsible for a deceased person's medical debt, unless they have explicitly agreed to assume responsibility, or if the spouse resides in a community property state. In community property states, the spouse might be liable for half of the medical debt accrued during the marriage.

Do I have to pay my dead husband's credit card bill? ›

You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.

Who is responsible for a deceased person's debt? ›

The executor — the person named in a will to carry out what it says after the person's death — is responsible for settling the deceased person's debts. If there's no will, the court may appoint an administrator, personal representative, or universal successor and give them the power to settle the affairs of the estate.

Are relatives responsible for deceased debts? ›

You do not have to take responsibility for debts owed by a deceased person. You do not need to pay their debt, unless one of the situations below describes you: You are a co-signer on the person's loan. You are a joint account holder on a credit card (not just an “authorized user” on the account)

Can debt collectors go after the family of deceased? ›

California law does allow creditors to pursue a decedent's potentially inheritable assets. In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts.

Am I responsible for my parents' debt? ›

You are not responsible for your parents' debt. This is true regardless of whether you inherit assets under their estate. However, a parent's estate must settle any debts before you can inherit. And children often share financial responsibilities with aging parents, often medical and housing costs.

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