Most federal student loans are discharged when the borrower dies, including Parent PLUS loans. The loan servicer will need to receive acceptable documentation of death, such as an original or certified copy of the death certificate. A family member or representative can provide the documentation to the loan servicer.
The loans remain in the Parent's name. They aren't passed down to the child.
If a private student loan does not automatically discharge, the debt may become part of the deceased's estate and could be paid from the estate's assets during probate.
Loan Forgiveness Timeline: Federal student loans can be forgiven after 10 years through Public Service Loan Forgiveness (PSLF) or after 20-25 years under Income-Driven Repayment (IDR) plans.
The 7-year Rule And Student Loans
According to Experian, once you start making payments, any late payments that are 7 years old will be erased from your credit report, but the rest of the account history will stay.
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.
But if you stop making payments and your loans default, a student loan lawsuit could be filed against you. If that happens and the court enters judgment against you, then any funds in your bank account — including your inheritance — could be levied or taken to repay the debt.
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.
Borrowers who have reached 20 or 25 years (240 or 300 months) worth of eligible payments for IDR forgiveness will see their loans forgiven as they reach these milestones. ED will continue to discharge loans as borrowers reach the required number of months for forgiveness.
A deceased person's debt doesn't die with them but often passes to their estate. Certain types of debt, such as individual credit card debt, can't be inherited. However, shared debt will likely still need to be paid by a surviving debtholder.
If you are delinquent on your student loan payment for 90 days or more, your loan servicer will report the delinquency to the national credit bureaus, which can negatively impact your credit rating. If you continue to be delinquent, you risk your loan going into default.
Impact on Co-signers and Guarantors
If the borrower passes away, the responsibility for repaying the loan immediately transfers to the co-signer or guarantor. This shift in obligation occurs as soon as they contact the bank or financial institution to continue the repayment process.
No one inherits your student loans if you die, but private lenders can seek repayment from your estate, a cosigner (for loans taken out before Nov. 20, 2018), or your spouse if you took out the debt during your marriage and you live in a community property state.
Your student loans will not be automatically discharged if your bankruptcy is approved. You have to take special steps in the bankruptcy case to ask the judge to discharge your student loans. This is done by filing a petition for an adversary proceeding.
Credit card debt doesn't go away when the cardholder passes away. It must be repaid from your estate, which means your loved ones may receive a reduced inheritance — or no inheritance at all. Related: What happens to a bank account when somebody 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.
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.
Most debt will be settled by your estate after you die. In many cases, the assets in your estate can be taken to pay off outstanding debt. Federal student loans are among the only types of debt to be commonly forgiven at death.
Your parent's PLUS loan will be discharged if your parent dies or if you (the student on whose behalf your parent obtained the loan) die.
Student loans are a form of unsecured debt not backed by collateral. So, your home or car cannot be seized if you fail to make payments.
If a borrower dies, their federal student loans are discharged after the required proof of death is submitted. The borrower's family is not responsible for repaying the loans.
Beware: The government can take up to 15% of your Social Security income if you default on federal student loans. And although private lenders can't garnish your Social Security benefits, they can sue if you fall behind on payments.
If you repay your loans under an IDR plan, any remaining balance on your student loans will be forgiven after you make a certain number of payments over 20 or 25 years. Past periods of repayment, deferment, and forbearance might now count toward IDR forgiveness because of the payment count adjustment.
The Survey of Consumer Finances found that older workers aged 55-64 expect to take an average of nearly 11 years (10.96) to repay their loans, while workers 65 and up will need 3.5 years to pay off their student debt, on average. Source: SCEPA calculations using data from the Survey of Consumer Finances, 2022.