Credit Cards
The most important thing on this page: you are probably not responsible for this debt.
Read this first
When someone dies, their debts do not automatically transfer to their family. You are not responsible for a deceased person's credit card debt unless you were a joint account holder — not an authorized user, but a joint holder. Being a family member does not make you responsible. Being named in the will does not make you responsible. The debt belongs to the estate, not to you personally.
Collectors know that most people don't know this. They will use language designed to make you feel personally responsible. They are wrong, or they are lying. See protect yourself for details on how to handle collectors.
What to do
Contact each credit card issuer
Call the number on the back of the card, or the customer service number if you don't have the card. Tell them the account holder has died. They will ask for a death certificate — most will accept a verbal notification now and ask for documentation to be mailed or faxed.
Ask for the following:
- The account to be flagged as deceased
- No further charges to be processed
- A final statement mailed to you or the estate
- Information on the process for settling any outstanding balance through the estate
Don't use the cards
If you are an authorized user on the account, stop using it immediately. Authorized users are not responsible for the balance, but continuing to use the account after the account holder's death could create legal complications.
Keep records
Note the date and time of every call, the name of the representative, and what was said. If collectors contact you later, these records matter.
If there's a balance
Outstanding credit card debt becomes a claim against the estate. The estate's assets may be used to pay the debt. If the estate doesn't have enough assets to cover all debts, some debts go unpaid — this is what happens. Creditors can file claims in probate court, but they cannot require family members who aren't jointly liable to pay from their personal funds.
Creditors are generally paid in a specific order during probate. Unsecured credit card debt is typically among the last to be paid. If the estate is insolvent, credit card companies may receive nothing. That is their risk, not yours.
Community property states
If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin (community property states), a surviving spouse may be responsible for debts incurred during the marriage, even if they weren't on the account. If this applies to you, consult an estate attorney about your specific situation.
The credit card statement will still arrive next month. It will have their name on it. It will list charges — the last groceries, the last gas station, the last ordinary purchase of an ordinary life. Some people find this hard to open. Some find it important to see.
You don't have to open it right away. The account is frozen. The statement will wait.