How to Settle a Spouse's Credit Cards When the Spouse Dies

After a spouse dies, one of the more difficult aspects of squaring things away is settling his credit card debt. As a rule, debts are paid from the decedent's estate, which is handled by an executor (if there is a will) or a court-appointed administrator (if your spouse died intestate). If you're the designated party responsible for handling your spouse's estate, this means contacting his creditors to inform them of his demise, as well as paying the debt from the existing estate. However, there are also circumstances that may make you personally liable for your spouse's credit card debt; these are established by your state's laws. Always consult with an attorney if you are unsure whether the debt your spouse has incurred can be passed down to you.

Instructions

1

Assess your own personal liability for the credit card debt. Generally speaking, if the credit card belonged only to your spouse and you were only an authorized user of the account, you're probably not liable for shouldering the debt. However, if you were a co-signer on the credit card, both you and the estate may be held liable. However, it's important to note that if you reside in a community property state, you may inherit the credit card debt, even if you were not a co-signer on the account.

2

Inform the credit card company of your spouse's death in writing while his estate is being settled, advises CreditCards.com, a consumer education website. If you're handling your spouse's affairs as executor or administrator, mail the credit card company a copy of your spouse's death certificate, as well as a note that contains the name and account number attached to the credit card. Send all documentation by certified mail and keep copies for your own records. If you're not responsible for your spouse's affairs, his executor/administrator will take on this duty.

3

Handle calls from credit card companies cautiously, the Federal Trade Commission advises, especially if you're unsure that the debt they are contacting you about is valid. Con artists often scour obituaries and legal notices to see who has died so they can pose as debt collectors. Don't give out your own personal information (such as your Social Security number or banking information) if you have doubts. Doing so could make you the victim of identity fraud.

4

Pay the credit card debt from your spouse's estate. If the debt exceeds the amount of the assets, usually the creditor will simply write off the debt. Exceptions apply if you are legally responsible for the credit card debt. Because state laws can vary dramatically on these issues, it's wise to consult a probate attorney if you are unsure whether you are personally liable for the debt.