Does death cancel private student loans?

Asked by: Prof. Aron Kemmer MD  |  Last update: January 24, 2026
Score: 4.3/5 (75 votes)

In most instances, private student loan lenders will cancel your student loans if you die. But not all lenders go this route, and even among lenders, not all deaths may qualify for discharge. If the loan was taken out after Nov. 20, 2018, private lenders are federally required to release co-signers from the loan.

Can you inherit private student loan debt?

No, student loans (and debt in general) can never be ``passed'' to a third party who didn't co-sign on the debt. Some types of student loans (including federal loans) are discharged upon the death of the borrower. Many private loans (like other kinds of consumer debt) become the responsibility of the estate.

Can private student loans ever be forgiven?

No, private loans have no forgiveness option. And it's highly unlikely discover would ever reduce what's owed, they have no reason or incentive to do so.

How long until a private student loan is written off?

In California, the statute of limitations for private student loans depends on the type of loan agreement you signed. For Written Contracts: Most private student loans are considered written contracts. Under California law, the statute of limitations for a written contract is four years.

Are private student loans dischargeable?

You can discharge federal and private student loans in bankruptcy. Bankruptcy is often considered a last resort option because of the impacts it can have on your credit and the costs and time involved in filing for bankruptcy.

What Happens to Student Loans When You Die

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What happens if you don't pay private student loans?

Defaulting on private student loans triggers immediate and significant financial consequences, such as lawsuits, wage garnishment, and asset seizure. Consider asking your lender for options to help you avoid defaulting on your debt. Some private lenders may offer repayment assistance programs.

Are private student loans forgiven in bankruptcies?

As a result, any portion of a private student loan beyond the cost of attendance, such as living expenses, is not a qualified education loan and is fully dischargeable in bankruptcy.

Do private student loans go away after 7 years?

Private student loans don't go away unless you pay them off, but in most cases, they'll fall off your credit report after seven years. But keep in mind that lenders can still contact you to collect an old debt, even if it's decades old and they can no longer take you to court over it.

Can you write off private student loans?

Student Loan Interest Deduction

You can take a tax deduction for the interest paid on student loans that you took out for yourself, your spouse, or your dependent. This benefit applies to all loans (not just federal student loans) used to pay for higher education expenses. The maximum deduction is $2,500 a year.

Can Navient take my house?

As a result, student loans can't take your house if you make your payments on time. However, if you miss enough student loan payments, your accounts will first move into delinquency status and then into default status. Once you default on student loans, you're at risk of having your house taken to pay them back.

How do I get rid of my private student loans?

To get rid of them, you'll need to pay off the balance in full or qualify for a loan forgiveness option like Public Service Loan Forgiveness or Total and Permanent Disability Discharge. Read more about how to get a copy of a student loan promissory note. Learn More: Do Student Loans Go Away After 20 Years?

Will Sallie Mae loans be forgiven?

Those who borrowed from Sallie Mae after this 2014 split have private student loans, which aren't eligible for federal forgiveness programs. However, Sallie Mae will discharge debts for borrowers who die or become totally and permanently disabled.

What is the Private Loan Disability Discharge Act?

The Private Loan Disability Discharge Act would require private student lenders to discharge the loan balance for both the borrower and co-signer if the borrower becomes totally and permanently disabled.

What happens to a student loan at death?

If you die, then your federal student loans will be discharged after the required proof of death is submitted.

Is there any forgiveness for private student loans?

Private student loans are usually only forgiven when the borrower becomes permanently disabled or dies—sometimes not even then. While there are several options for federal student loan cancellation and forgiveness, private programs for cancellation are less common.

What debt is passed on after death?

Most debt is paid by the estate and assets of the deceased

It could be credit card debt, medical bills, and/or a mortgage on a home, among other things. When someone dies, all of their belongings enter their estate and go into the probate process.

Do private student loans get written off?

Your federal student loans might be eligible for forgiveness depending on what type they are, their repayment plan, how long they've been in repayment, and where you work. Private student loans aren't eligible for federal debt forgiveness.

How to get the full $2500 American Opportunity credit?

To claim the American opportunity credit complete Form 8863 and submit it with your Form 1040 or 1040-SR. Enter the nonrefundable part of the credit on Schedule 3 (Form 1040 or 1040-SR), line 3. Enter the refundable part of the credit on Form 1040 or 1040-SR, line 29.

Can private student loans take your tax refund?

Usually only the state and federal governments are able to take your tax refund, therefore you'll probably get your refund if your student loan debt isn't: With the state or federal government. Part of a federally insured student loan program.

Are student loans forgiven at age 70?

Are student loans forgiven when you retire? No, the federal government doesn't forgive student loans at age 50, 65, or when borrowers retire and start drawing Social Security benefits. So, for example, you'll still owe Parent PLUS Loans, FFEL Loans, and Direct Loans after you retire.

What happens if you never pay off student loans?

If you default on your student loan, that status will be reported to national credit reporting agencies. This reporting may damage your credit rating and future borrowing ability. Also, the government can collect on your loans by taking funds from your wages, tax refunds, and other government payments.

At what age do student loans get written off?

After at least 20 years of student loan payments under an income-driven repayment plan — IDR forgiveness and 20-year student loan forgiveness. After 25 years if you borrowed loans for graduate school — 25-year federal loan forgiveness.

How do I get rid of a private student loan?

How to get rid of private student debt. One of the few ways to get rid of private student debt is through discharge bankruptcy. It's an arduous — and expensive — process. You'll have to file Chapter 7 or Chapter 13 bankruptcy, then file an additional lawsuit known as an adversary proceeding.

Are Sallie Mae student loans dischargeable?

If you're considering bankruptcy

It's important to understand that qualified education loans, as defined in Section 221(d)(1) of the Internal Revenue Code of 1986, aren't dischargeable through bankruptcy absent a showing of undue hardship.

Will private student loans fall off credit report?

Although there are fewer repayment options for private student loans compared to federal student loans, still talk to your student loan servicer about how to prevent your private student loans from defaulting. If you maintain good standing, the private loans will fall off your credit once they are paid off.