Unfortunately, credit card debt doesn't get wiped clean when the cardholder dies. That debt is still owed to the card issuers and needs to be paid by the estate or remaining signatory on the account.
Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid. Generally, no one else is required to pay the debts of someone who died.
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. You'll also want to notify the appropriate entities such as credit card companies, credit bureaus and any services that are set up with automatic payments.
A deceased person's debt doesn't die with them but often passes to their estate. Certain types of debt, such as individual credit card debt, can't be inherited. However, shared debt will likely still need to be paid by a surviving debtholder.
It's possible to negotiate the credit card debt of a deceased person if you're legally responsible for paying the debt. That means you must be the executor or the administrator of the estate, a cosigner or joint account holder on the credit card, or a surviving spouse in a community property state.
Not Everything is Fair Game for Creditors
Life insurance policies – Creditors have no claim to any life insurance policy payout to named beneficiaries. If you have a life insurance policy with a named beneficiary, the full payment will go to the beneficiary — even if the person is also a beneficiary listed in the will.
Credit cards are another example of a type of debt that generally doesn't have forgiveness options. Credit card debt forgiveness is unlikely as credit card issuers tend to expect you to repay the money you borrow, and if you don't repay that money, your debt can end up in collections.
Be aware that if you use a credit card after the primary cardholder passes away, this is considered fraud. It does not matter if you are an authorized user. You have no legal right to use the card any longer because the primary count holder has passed away leaving no one left to pay the balance.
To be clear, debts that are in your parent's name only are debts the estate has to pay. According to the Consumer Financial Protection Bureau, you will be the hook for money owed only if these situations apply to you: You co-signed a loan with your parent. The loan becomes your responsibility when your parent dies.
You typically can't inherit debt from your parents unless you co-signed for the debt or applied for credit together with the person who died.
Bottom line. Federal student loans are the only debt that truly vanishes when you pass away. All other debt may be required to be repaid by a co-owner, cosigner, spouse, or your estate.
While the beneficiaries of the estate (e.g. friends or family members) are not responsible for the debt, the estate may lose the asset if the loan can't be repaid. If the deceased has a secured or unsecured debt in joint names, then everyone named on the account is responsible for the debt.
Credit reporting companies regularly receive notifications from the Social Security Administration about individuals who have passed away, but it's better to also notify them on your own to ensure no one applies for credit in the deceased's name in the meantime.
In the unfortunate event of the user's demise, the credit card issuer cannot issue notices in the deceased's name to ensure repayment. Hence, they hold the next of kin or legal heirs responsible for repaying the outstanding amount.
Once you notify us and provide at least one of the Proof of Death documents, then a permanent hold will be placed on any transaction accounts solely held by the deceased. This means: No money can be taken out of the accounts.
When someone dies, debts they leave are paid out of their 'estate' (money and property they leave behind). You're only responsible for their debts if you had a joint loan or agreement or provided a loan guarantee - you aren't automatically responsible for a husband's, wife's or civil partner's debts.
In most cases, an individual's debt isn't inherited by their spouse or family members. Instead, the deceased person's estate will typically settle their outstanding debts. In other words, the assets they held at the time of their death will go toward paying off what they owed when they passed.
Debts you and your spouse incurred before marriage remain your own individual obligations—but you'll share responsibility for debts you take on together after the wedding.
When someone dies with an unpaid debt, it's generally paid with the money or property left in the estate. If your spouse dies, you're generally not responsible for their debt, unless it's a shared debt, or you are responsible under state law.
It's important to notify any relevant financial institutions as soon as possible after a death. Failing to do this, or continuing to use the person's bank card to make payments or withdrawals, is illegal.
Family members, including spouses, are generally not responsible for paying off the debts of their deceased relatives. That includes credit card debts, student loans, car loans, mortgages or business loans. Instead, any outstanding debts would be paid out from the deceased person's estate.
Typically, a credit card company will write off a debt when it considers it uncollectable. In most cases, this happens after you have not made any payments for at least six months.
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit scores may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.