All articles 6 min read

A Surviving Spouse’s Responsibility for Debts and Authorized-User Cards

This guide presents selected U.S. government consumer education from CFPB. References to “we” or “us” in the source material refer to the issuing agency. Source dates and links appear below.

Am I responsible for my spouse’s debts after they die?

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.

Don’t assume you have to pay

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.

When there is no estate

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 could I be responsible for debts after a spouse’s death?

You might be responsible for your spouse’s debt after their death if the debt is shared. This can happen when:

  • You are a co-signer on your spouse’s loan
  • You are a joint account holder on a credit card (not just an authorized user on the account)
  • You live in a community property state, which means you share responsibility for certain debts created during the marriage
  • You live in a state with necessaries statutes, which are laws that say parents and spouses are responsible for paying certain necessary costs such as healthcare

If you are the executor or administrator, or personal representative for your spouse’s estate, debt collectors can contact you to discuss their debts. Debt collectors are not allowed to say or hint that you are responsible for paying the debts with your own money.

When a debt collector can contact you about a spouse’s debt

There are generally rules for when a debt collector can contact you about a debt. For example, if you are the spouse, debt collectors can mention the debt to you, and you have the right to learn more about it. But this doesn’t mean that you’re responsible for paying it. And if you’re not responsible for the debt, debt collectors are also not allowed to say that you are.

Here’s what you can do:

  • Talk with a lawyer. A lawyer can help you figure out if you are responsible for paying a debt. If you are responsible, a lawyer can help you understand your protections, including exemptions you may have under federal and state laws. A lawyer can also help you determine how best to deal with debt collectors.
  • Get the details of the debt in writing. In most circumstances, the collector must give you details about the debt during your first conversation or within 5 days of when they first contacted you. If the information is provided in writing, it’s known as a written validation notice. If the debt collector knows that you’re the surviving spouse, parent of a minor who died, or a personal representative but they still refuse to give you details about the debt, then you could be dealing with a scam.
  • Dispute the debt. If you believe you don’t owe the debt or it’s not yours to pay, you should dispute it. If you receive a validation notice and dispute the debt in writing within 30 days, the debt collector must stop contacting you until they verify the debt in writing. The written validation notice will include a deadline for when you must submit your written dispute letter.
  • Set boundaries for how debt collectors contact you. You can tell debt collectors how to contact you. You can also tell debt collectors not to contact you at certain times or places or by phone, email, text message, or mail. If you don’t want to hear from the debt collector again, you can also send the collector a written request to stop contacting you.

Understand how the CFPB's Debt Collection Rule impacts you

Help is available

These rules can be hard to navigate, especially when you’ve recently lost a loved one, but help is available.

  • Get legal help. Lawyers can help you understand your rights and make a plan. You may qualify for free legal aid, based on your income. Contact your local bar association or find a legal aid office in your area.
  • Find local services and supports. The Eldercare Locator connects older Americans and their caregivers with trustworthy local support resources, including free legal aid for many older adults.

Still having trouble with debt collection?

Companies can usually answer questions unique to your situation and more specific to the products and services they offer. If you have a complaint, tell us about your issue—we’ll forward your issue to the company, give you a tracking number, and keep you updated on the status of your complaint.

Learn how the complaint process works

I was an authorized user on my deceased relative’s credit card account. Am I liable to repay the debt?

No, being an authorized user generally does not obligate you to pay the debt.

If a debt collector insists that you co-signed the account but you believe you did not, you may request that the collector provide evidence, such as a copy of a contract that you signed. Credit card issuers usually report authorized users’ status to the credit bureaus. You may be able to satisfy the debt collector that you were just an authorized user by showing the collector the relevant portion of your credit report. You can obtain a free copy of your credit report once each year at each of the three nationwide credit bureaus at www.annualcreditreport.com, by calling 1-877-322-8228, or by mailing a request.

Can a debt collector contact me about a deceased relative’s debts?

Generally, no one else has to pay back debts for a person who has died. There are some exceptions that vary by state.

When someone dies with an unpaid debt, it should be paid from any money or property they left behind, according to state law. This is called their estate. 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.

For relatives who are not executors or administrators of the estate

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)
  • You are the spouse of the person, and your state law requires a spouse to pay the debt

Debt collectors can contact you to try and locate the executor or administrator of the estate, but they should not discuss or mention the debt to you. You might want to tell the debt collector who the executor is. Debt collectors cannot use unfair, deceptive, or abusive practices to get you to take responsibility for a debt.

For relatives who are acting as the estate’s executor or administrator

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.

You have the right to tell a debt collector to stop contacting you

See additional resources about your rights in dealing with debt collection.

Sources and publication details

The federal agency source text is U.S. government work in the public domain. Fynoptic selected, adapted, and formatted it for this guide. No agency endorsement is implied. Follow the linked sources for current program details and the rules applicable to your circumstances.

Back to all articles