Am I responsible for my spouse’s credit card debt when they die?

Handling a credit card balance is difficult through any stage of life — and it’s probably not the first thing on your mind while grieving a loved one.

But after a spouse’s death, an important part of the financial process is dealing with credit cards and other debts they may have left behind.

The good news is you’re likely not responsible for paying your deceased spouse’s credit card debt. Still, it’s important to know the exceptions that could apply to you and your obligations as you navigate financial decisions after your partner’s death.

When someone passes away with outstanding debts, the estate typically pays those balances. An estate is made up of assets the person may have had when they died, including any cash in bank accounts, investments, properties, and more.

Throughout the probate or estate administration process, debts are often settled by the estate before beneficiaries receive any inheritances. That means, depending on what’s left behind, the amount of debt a person has when they die could affect the amount that family and other loved ones inherit.

If there is no estate — or not enough money to pay down the credit cards — then your deceased spouse’s debts could be left unpaid.

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While your deceased spouse’s estate generally covers existing debts, there are some cases where you — as the surviving spouse — may be responsible:

You and your spouse are both responsible for paying down the credit card balance on a joint credit card account. If there’s a balance on the joint card account after one person dies, the other must still pay.

Even if your spouse was the one who accrued the debt, you still need to pay for it as the joint account holder. The same may be true if you were a co-signer on the account.

Joint credit card accounts aren’t very common today. Many issuers no longer offer them, though you may find some credit card companies that do.

Authorized user cards are more common than joint credit card accounts today. But unlike joint account holders, authorized users are not typically liable for paying balances on credit cards.

Still, after the primary account holder dies, you should stop charging purchases to your authorized user card and notify the issuer to close the account.

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In some states, your spouse’s credit card debt could also belong to you if it was accrued during your marriage. This is known as “community property,” and there are nine community property states today:

  • Arizona

  • California

  • Idaho

  • Louisiana

  • Nevada

  • New Mexico

  • Texas

  • Washington

  • Wisconsin

By community property state laws, you may be responsible for your spouse’s credit card debt and for paying lenders back for other debts either of you took on during your marriage. However, this doesn’t typically apply to any debt your spouse accrued before you were married.

If you live in a state without community property laws (and you were not a joint account holder on your spouse’s credit card), you likely will not have to pay their credit card debt after death.

If you’re a joint account holder or take on your spouse’s credit card debt through community property, make sure you’re practicing good credit habits as you pay off the balance. You don’t want to risk hurting your own credit score or getting charged even more.

If your joint credit card account has a balance, continue to make your monthly payments on time. If you miss a payment or pay late, you could incur added fees or a higher interest rate.

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Navigating a spouse’s death can be a challenging time even without lingering debts. If you’re not sure what your obligation is to pay your spouse’s debts, you may want to speak with a lawyer.

A legal professional can help you understand both what you may be responsible for paying and help you deal with any debt collectors who contact you about unpaid debts.

And remember, before you pay any money to someone who contacts you, get verification of the debt. You can read more about your rights related to debt collection practices and what information a debt collector is required to give you from the and .

The CFPB can also be a great resource for finding legal advice, whether you’re looking for an attorney in your state, , , and more.

This article was edited by Rebecca McCracken


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