Only use estate funds to settle outstanding bills

Any Debts owed by the deceased will need to be paid. However, this must be paid from the deceased's Estate, usually from an Estate Account that an Executor or Administrator opens.

Do not use your personal funds to pay any debts left by the deceased.

You are protected by the Fair Debt Collection Practices Act (FDCPA), a federal law that limits who a collector can contact regarding the debts of a deceased person.

If you are the spouse of the deceased living in one of nine Community Property States in the United States, you will be responsible for any outstanding loans that were in the deceased’s name.

Any money owed to the estate and other Credits or Assets must also go into the estate account, unless the account that holds those assets is designed as Transfer-on-Death and a Beneficiary has been named.

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While debt collectors may attempt to contact family members of the deceased to collect payment, they are usually not liable for the deceased’s debts.

In general, the deceased’s estate is responsible for any debts left solely in the name of the deceased. If the deceased had loans with a co-signer who survived the deceased, the co-signer will be solely responsible for paying the remaining balance of those loans according to the terms of the loan.

The deceased’s family members may be personally responsible for paying debts of the deceased if:

  • The loan was signed with a co-signer or joint account-holder other than the deceased (the surviving account holder is now responsible for the debt)
  • The deceased lived in a community property state and has a surviving spouse

If the estate is responsible for any outstanding loans, the executor of the estate will be responsible for paying those debts out of any assets left in the estate (e.g., bank account of the deceased, real property, life insurance, etc.).

The Fair Debt Collection Practices Act (FDCPA) protects individuals from abusive or deceptive bill collection practices.

The Act limits who a collector can contact regarding the debts of a deceased person. According to the FDCPA, collectors can only contact and discuss the deceased’s outstanding debts with:

  • The spouse of the deceased,
  • The parents of the deceased if the deceased was a minor child,
  • The legal guardian of the deceased, and/or
  • The executor of the deceased’s estate.

If you are contacted by a debt collector and you are not the spouse, parent, legal guardian, or executor of the deceased’s estate you should notify the collector, in writing, that their activity violates the FDCPA.

Actions to Take

View The Fair Debt Collection Practices Act on the FTC Website

Providers to Contact

Probate Attorneys Near You

Probate attorneys can advise you of the rules and procedures for paying the deceased’s bills. They help settle a deceased person’s estate.

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