Guides / Do you have to pay the debts of someone who died?
Do you have to pay the debts of someone who died?
Generally no. Debts are paid from the estate, apart from exceptions such as co-signers.
The Consumer Financial Protection Bureau says a person's debts are generally paid from their estate. Family members usually aren't responsible unless an exception applies, such as co-signing or some state laws for spouses.
When a collector calls
- A collector may contact the executor or surviving spouse about estate debts.
- A collector may not suggest you personally owe a debt unless you do.
- Don't agree to pay from your own money while you're still unsure. Ask for the details in writing.
What to do first
List the debts you find, and tell the executor. Most states have a process for paying debts in the right order. Ask a probate lawyer if the estate can't pay all of them.
A warning about scams
Some people read obituaries and call families about debts that don't exist. Ask for written proof. The obituary guide covers what to leave out of a notice.
Where this comes from
Checked November 6, 2026. This is general information, not legal advice. See how we check facts or report a mistake.