How to guide
Why this matters
Family members are usually not personally liable for the deceased's credit card debt. Understanding this and acting correctly prevents both fraud and unnecessary payments from the estate.
Step by step
- List all known credit cards. Check the wallet, recent statements, mail, and credit report.
- Call each issuer to report the death. Provide the account number, date of death, and your relationship.
- Send a follow up letter in writing to each issuer with a copy of the death certificate. Request the account be closed and marked "deceased."
- Cut up the cards and discard them safely. Do not continue to use them.
- If you were a joint cardholder, you are responsible for the balance. If you were only an authorized user, you are not.
- Track which debts are claimed against the estate. These will be paid (or not) in legal priority order during probate.
- Do not pay credit card debt with your own money. The estate pays through probate, or the debt is written off if the estate has no funds.
Forms you will need
- Written notification letter
- Certified death certificate
State by state notes
Community property states may hold a surviving spouse responsible for some debts incurred during the marriage. Filial responsibility laws (about 30 states) could theoretically apply but are rarely enforced.
Common mistakes to avoid
- Paying credit card debt with personal funds. The debt is an estate obligation, not a family obligation.
- Continuing to use authorized user cards. Authorized users do not own the debt but should stop using the card after death.
- Making "good faith" partial payments to debt collectors. This can be argued to revive the debt and create personal liability.
- Not closing the accounts. Open accounts are vulnerable to identity theft.
What to do if you get stuck
If a collector becomes aggressive or threatens you personally, send a cease and desist letter under the Fair Debt Collection Practices Act. Report harassment to the Consumer Financial Protection Bureau.
Frequently asked questions
Am I responsible for my parent's credit card debt?
No, unless you were a joint cardholder. Authorized users are also not responsible. The debt is collected from the estate if there are assets.
What if the estate cannot pay?
The credit card company writes off the debt. They cannot collect from family members who were not jointly liable.
Should I close the account or let it sit?
Close it. Open accounts are vulnerable to identity theft, which creates problems for survivors.
A collector says I owe the debt. What do I do?
Tell them the debtor died. Send a written notice and the death certificate. Do not promise to pay. Do not make even a small payment. Report harassment to the CFPB.
What about a joint card?
You are responsible for the full balance as the surviving cardholder. The account remains active in your name only.