Are You Responsible for Your Deceased Spouse’s Debts?

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It’s hard enough when a spouse dies, but having to worry about their debts can be overwhelming. When someone passes away with credit card debt, loans, or other obligations, how much of that is a spouse’s responsibility?

Generally, you aren’t responsible for your deceased spouse’s debts, but there are some exceptions. It’s important to know where you stand and what your rights are.

Debt and a Deceased Spouse

According to the Federal Trade Commission (FTC), if your spouse dies, you’re generally not responsible for their debt. But that doesn’t mean the debt disappears.

Creditors can still try to collect the debt from the money or property the decedent left behind. In other words, their estate pays the debt.

If your spouse has a will, the named executor is responsible for using the estate to pay the debts. But if your spouse didn’t have a will, a probate judge will decide how the estate should be distributed. They will choose an administrator to carry out those decisions.

There are some circumstances, however, when you are responsible for the debt.

When Are You Responsible?

The debt doesn’t go away when the spouse dies, and sometimes you may be responsible for paying it.

If you have cosigned a loan, like a car loan or mortgage, you will be responsible for paying it back in its entirety. You are not responsible if you haven’t cosigned the loan.

Some state laws may require an individual to pay their deceased spouse’s debts.

You are also responsible if you live in a community property state. In these states, debts incurred during marriage are considered shared debts, regardless of whose name is on the account. According to the Internal Revenue Service, Community property states include the following:

• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

In California, Nevada, and Washington, domestic partnerships must also legally operate under community property law.

Some states give individuals the option to opt into a community property system or designate specific assets as community property. These states are Alaska, Florida, Kentucky, Tennessee, and South Dakota.

Is a surviving spouse responsible for paying their deceased spouse’s medical debt? Many states have a “Doctrine of Necessaries” law. This law holds spouses responsible for necessary expenses, including medical costs. It’s rooted in common law that spouses are responsible for each other.

Slovin & Council Attorneys at Law explain that the Doctrine of Necessaries was originally established for the husband to pay the wife’s necessary expenses, not the wife for the husband. Most states have changed this law to make it applicable either way.

Credit Card Debt

If you and your spouse jointly hold a credit card, you are responsible for paying the balance. But what if you’re an authorized user? According to the Consumer Financial Protection Bureau, you are generally not obligated to pay the credit card debt of your deceased spouse if you are only an authorized user.

What Happens to Your Deceased Spouse’s Debts?

Your late spouse’s debt doesn’t go away; your spouse’s estate is still responsible for paying it after death.

If you aren’t found legally responsible, the decedent’s property and cash holdings will cover the debts. The payments will be made in order of priority as outlined by state law.

Remember that if a creditor collects from the estate, there is less money for the beneficiaries.

Decedent’s Assets That Are Exempt

State law usually determines what assets are exempt. However, laws differ from state to state, so it’s important to discuss your circumstances with an estate attorney.

But generally speaking, according to Cummings & Lockwood LLC., the following classes of assets are exempt from creditors:

• Retirement plan assets like IRAs, Roth IRAs, 401 (k), etc.
• Life insurance that has a beneficiary
• 529 Plans
• Annuities

The caveat to this is that all these assets must have a designated beneficiary or they will be considered the decedent’s estate.

Some creditors will need to write off the debt and not receive payment. If the nonexempt funds from your late spouse’s estate are gone, and the other exceptions don’t exist, creditors may have to eat their loss.

Who a Debt Collector Can Contact

Family members are protected by debt collectors who use abusive, unfair, or deceptive practices to try to collect a debt.

The FTC states that the Fair Debt Collection Practices Act (FDCPA) only allows debt collectors to talk to a spouse, lawyer, or executor. They can also talk to a confirmed successor in interest. This is someone a mortgage servicer has confirmed as a new owner of the deceased person’s real estate.

When You May Not Be Responsible for Spouse’s Debt

If the debt isn’t in your name, you may not be responsible for your deceased spouse’s debt. The funds for the debt would come from your spouse’s estate.

But if you have cosigned a loan, credit card, etc., you will be responsible for the entire balance. Those spouses who live in community property states are also responsible for a deceased spouse’s debts.

The Epoch Times copyright © 2025. The views and opinions expressed are those of the authors. They are meant for general informational purposes only and should not be construed or interpreted as a recommendation or solicitation. The Epoch Times does not provide investment, tax, legal, financial planning, estate planning, or any other personal finance advice. The Epoch Times holds no liability for the accuracy or timeliness of the information provided.