Do I Need to Pay My Husband’s Credit Card Debt After He Dies?

You are only personally responsible for the credit card debt of a deceased spouse if it was a joint account. However, your spouse’s estate is still responsible for paying off their credit card debt, which means that money may come from shared bank accounts, jointly held assets, or even shared property in some cases.

When a spouse passes away, one of the many questions that arises is whether the surviving spouse must take on their partner’s credit card debt. While it can be a complex situation, a few basic principles can help clarify your responsibility. Primarily, if you weren’t a joint account holder, you’re not personally liable. However, the estate of the deceased — including shared assets — is responsible for paying off any outstanding debt.

How the Estate Handles Debt

When a person dies, their estate — including bank accounts, property, and investments — is responsible for settling their debts, including credit card balances. This process, known as probate, is managed by an executor who oversees the distribution of assets and payment of debts. If the estate holds sufficient funds, these will first go toward settling outstanding debts, including credit cards, before any remaining assets are distributed to beneficiaries.

Joint Accounts and Authorized Users

If you shared a joint credit card account with your spouse, you would be liable for the debt as both account holders are equally responsible for repayment. However, if you were simply an authorized user, you are generally not responsible for paying the balance. Authorized users can use the account but do not hold legal liability for the debt in most states.

Community Property States

In certain states — called community property states — the rules differ slightly. States such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (with Alaska as an opt-in) may require spouses to share responsibility for debts incurred during the marriage, even for individual accounts. This means a surviving spouse could be held liable for credit card debt if they live in a community property state.

What If the Estate Lacks Funds?

If there aren’t enough assets in the estate to cover the debt, the estate may be declared insolvent, and credit card companies may not recover the full balance owed. Typically, credit card debt is unsecured, meaning it’s given lower priority in insolvency cases, so full repayment isn’t always possible.

Final Thoughts

Sunset's software can help you find and close all the credit cards for a deceased spouse. Get those closed quickly and notifying the banks ASAP can help you save money and headaches. If you ever have any questions sign up and talk to our support team.