The state of New York is not a community property state. That means assets and liabilities, such as credit card debts, are not shared jointly by the man and the wife in marriage. When either party in the marriage passes away, the surviving spouse is generally not held responsible for the decedent's remaining credit card debts.
Joint Accounts
If a husband and wife hold joint credit card accounts in New York, then the surviving spouse could be responsible for repaying all of that debt even after her husband dies. In some cases, even if the husband has a credit card account in his name only but the wife is an authorized user of the account, the credit card company may try to convince her that she has to continue paying off the debt after her husband's death.
Probate Assets
When a person passes away in New York, a probate legal process is opened by his spouse, lawyer or designated estate administrator. The probate process is designed to allow the decedent's assets to pay off his remaining debts and to ensure all property is legally transferred to heirs and beneficiaries according to his wishes.
Estate Debts
As part of the probate process, a list of probate assets is created and valued. A list of outstanding debts and claims against the estate is also created by the estate administrator. The estate assets are then used to pay off all valid debts and claims against the estate so that surviving spouses and other family members are not responsible for them.
Non-Probate Assets
Some types of assets are not included in the probate process because by law they automatically pass to another person. If a husband and wife hold a joint checking account, for example, then the husband automatically assumes full ownership of that account when his wife passes away. Life insurance with named beneficiaries and real estate that is owned in a right of survivorship status are examples of other types of assets that may not be included in the probate process.
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