Losing a loved one is an emotionally devastating experience. On top of the grief, surviving family members often find themselves faced with practical and legal responsibilities, including dealing with the estate of the deceased. One of the most common — and anxiety-inducing — questions we hear is:

“Am I personally responsible for paying my deceased loved one’s debts?”

The Short Answer: Usually, No

In most cases, you are not personally responsible for the debts of a deceased family member — even if you’re the executor (also called the personal representative) of their estate. Just because you’re in charge of settling the estate does not mean you have to pay the deceased’s bills out of your own pocket.

Debts are typically paid from the assets of the deceased person’s estate — things like bank accounts, property, vehicles, investments, and personal belongings. If the estate has enough value, these assets are liquidated or used to settle outstanding obligations in a specific legal order during the probate process.

What If the Estate Has More Debt Than Assets?

Sometimes, a person dies “insolvent”, meaning they owe more money than the estate is worth. In such cases, creditors are paid based on legal priority, and any unpaid debts at the bottom of the list may simply go uncollected. You are not responsible for making up the difference — unless you fall into one of a few specific exceptions.

When You Might Be Personally Liable

There are a few situations where you could be on the hook:

• You co-signed a loan or credit card account. If your name is on the loan as a co-borrower, you agreed to be equally responsible for the debt. This applies to mortgages, auto loans, personal loans, and even credit cards.
• You are a joint account holder. Note: being an authorized user is different from being a joint account holder. Only joint account holders are liable.
• You live in a community property state. In some states — like California or Texas — spouses may be liable for debts incurred during the marriage, even if only one spouse signed for them. Alaska is not automatically a community property state, but couples may opt into a community property agreement. If you’re unsure whether this applies to you, speak with a qualified probate or family law attorney.
• You mishandled the estate. If you’re the personal representative and you distribute estate assets to heirs before debts are paid, you could be held liable to creditors for the unpaid debts. This is why good legal advice is of crucial importance.  

Beware of Aggressive Debt Collectors

After someone dies, it’s not uncommon for debt collectors to start calling surviving family members — often making it sound like they must pay up immediately. These calls can be stressful and confusing, especially during a time of mourning.

But here’s what you need to know: Debt collectors have limited rights when it comes to pursuing payment from surviving family members.

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors may only contact:

• The deceased person’s spouse
• Their parents (if the deceased was a minor)
• Their legal guardian or executor/personal representative
• Their attorney
• A legally recognized successor in interest

They cannot discuss the debt with friends, children, siblings, or anyone else not legally connected to the estate. If you’re receiving unwanted or harassing calls, you have the right to tell the collector to stop contacting you. You may also report them to the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general.

What About Medical Debt?

In many states, medical debt is treated the same as any other unsecured debt — it is paid from the estate if possible. However, in some situations, especially if Medicaid is involved, the state may attempt to recover payments made on the deceased’s behalf. This process is called Medicaid estate recovery, and it varies from state to state.

What to Do If You’re Dealing with Debt After a Death

This question can be complicated and it is best to consult with an attorney. Generally, you can expect to be advised to:

1. Get a full inventory of the estate. Make a list of all known debts and assets.
2. Do not pay anything out of pocket until you understand your rights. You may not be responsible.
3. Notify creditors of the death. This will usually pause collection efforts.
4. Know your rights with debt collectors. If they violate the FDCPA, you can take legal action.

Alaska Residents: We’re Here to Help

In Alaska, if you’re facing questions about the estate of a deceased loved one — especially if the estate owes more than it’s worth — we strongly encourage you to speak with a knowledgeable attorney. The probate process can be overwhelming, and you deserve guidance you can trust.

We’re here to help you navigate this difficult time and protect both your legal rights and those of your loved one.