Can you inherit debt from a family member?

Asked by: Jadyn Wiegand II  |  Last update: July 2, 2025
Score: 5/5 (67 votes)

Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will.

Can you inherit a parents' debt?

The simple answer is no the debts of your parents, partner, or children do not become yours if they pass away, nor will your debts be transferred to someone else should you die. That means a person's debts must be paid out before any inheritance proceeds are paid to their beneficiaries.

Can I be held liable for my parents' debt?

Debt Responsibility: Generally, you are not personally responsible for your parents' debts unless you were a co-signer or joint account holder. When someone dies, their debts are typically settled from their estate (the assets they left behind).

Can debt collectors go after the family of deceased?

Yes—but only if you co-signed on the debt or are a co-owner based on California's community property laws, as detailed above. Another example: An adult child can inherit debt if their name is on a loan or credit cards that their parent had when they died.

Can I get stuck with my parents' debt?

In the US, debt is not inherited. You won't be responsible for their debts unless you co-signed a loan or something like that.

Can You Inherit a Family Member's Debt? | This May Shock You!

24 related questions found

Am I responsible for my deceased mother's debt?

The executor — the person named in a will to carry out what it says after the person's death — is responsible for settling the deceased person's debts. If there's no will, the court may appoint an administrator, personal representative, or universal successor and give them the power to settle the affairs of the estate.

Can you inherit your parents' credit score?

For another, kids don't actually inherit your credit score, based on your presumably long credit history. They only get the benefit of that one account. It will take them about six months to start compiling a credit score of their own. Most important, kids don't need your help to get credit.

Can debt collectors take my inheritance?

Some types of inheritance are protected from creditors, which may include retirement or life insurance funds. However, states CreditCards.com, collectors may be able to seize certain assets to repay your debts, including money that was left to you in a will.

What debts are not forgiven upon death?

Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.

Why shouldn't you always tell your bank when someone dies?

If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.

Does debt transfer to the next of kin?

If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.

Do I have to pay my deceased father's medical bills?

In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.

Can you be responsible for a family member's debt?

The family of the deceased aren't accountable for the unpaid debts unless there's shared legal responsibility. For instance, you might be responsible for someone else's debt after they've passed if you've co-signed on a joint loan that hasn't been paid off yet, or you have a joint account on a credit card.

Are parents responsible for adult child debt?

No, parents are not generally responsible for an adult child's medical debts, said Richard Gundling, senior vice president at the Healthcare Financial Management Association, an organization for finance professionals in health care.

What is the meaning of inherited debt?

Therefore the debt is inherited because it is the duty to pay the debt to the creditors. Although the deceased died the obligation to pay back the debt to the creditor will remain. Then the heir must pay the debt--must pay all, what if the money is not enough to pay?

What happens if you owe money to someone who died?

When a creditor dies, the person who you owe the money to, your obligation to repay the debt does not automatically cease. The debt becomes part of the deceased person's estate and must be repaid to the estate. Communication with the executor is crucial.

Do I have to pay my deceased mother's credit card debt?

When a loved one passes away, you'll have a lot to take care of, including their finances. It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.

What two debts Cannot be erased?

Perhaps the most common debts that cannot be discharged under any circumstances are child support, back taxes, and alimony. Here are some of the most common categories of non-dischargeable debt: Debts that you left off your bankruptcy petition, unless the creditor had knowledge of your filing. Many types of taxes.

Do parents' debt go to children?

Most debt isn't inherited by someone else — instead, it passes to the estate. During probate, the executor of the estate typically pays off debts using the estate's assets first, and then they distribute leftover funds according to the deceased's will. However, some states may require that survivors be paid first.

Who inherits family debt?

Good news: In nearly all circumstances, you won't! The deceased's estate is responsible for settling most, if not all, debts. If there is not enough money in the estate to pay off those debts – in other words, the estate is insolvent – the debts are wiped out, in most cases.

How can I avoid inheriting my parents debt?

Know your rights. You generally aren't responsible for your deceased parents' consumer debt unless you specifically signed on as a co-signer or co-applicant. Do not allow aggressive debt collectors to trick you into thinking you have to repay the debt.

How do I protect my inheritance from creditors?

A beneficiary's inheritance can be protected from lawsuits and creditors by receiving it in trust (as opposed to outright). This can make it extremely difficult for creditors to go after this money, even if insurance becomes insufficient to satisfy a judgement obtained by a lawsuit.

Do you get your dad's debt when he dies?

Family members usually are not responsible for a deceased relative's debts, except in situations such as cosigned debts and debts in community property states. Relatives have no legal or moral obligation to pay debts that the estate's assets can't cover, Tayne said.

Do credit card companies know when someone dies?

Financial institutions and other organizations to notify of a death. Report the person's death to banks, credit card companies, credit bureaus, and other financial organizations. And contact utilities and places where the person had memberships and subscriptions.

What is a good credit score?

There are some differences around how the various data elements on a credit report factor into the score calculations. Although credit scoring models vary, generally, credit scores from 660 to 724 are considered good; 725 to 759 are considered very good; and 760 and up are considered excellent.