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When someone dies, their debts are generally paid out of the money or property left in the estate. If the estate can't pay it and there's no one who shared responsibility for the debt, it may go unpaid. Generally, when a person dies, their money and property will go towards repaying their debt.
A personal representative is an estate executor or administrator, or someone who has legal authority to pay debts from the estate. A personal representative's job is to make payments to survivors and handle the debts of someone who has died.
You are not responsible for someone else's debt. This is often called their estate. If there is no estate, or the estate can't pay, then the debt generally will not be paid.
Upon your death, unsecured debts such as credit card debt, personal loans and medical debt are typically discharged or covered by the estate. They don't pass to surviving family members. Federal student loans and most Parent PLUS loans are also discharged upon the borrower's death.
Estates, Executors, and the Probate Process If someone dies with outstanding debt owed, the assets in an estate are sold, and the money is used to pay off those debts. Requests for payment go to the person in charge of the estate, either an attorney or an executor named explicitly in the deceased's will.
Your debt settlement proposal letter must be formal and clearly state your intentions, as well as what you expect from your creditors. You should also include all the key information your creditor will need to locate your account on their system, which includes: Your full name used on the account. Your full address.
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.
Most debt does not simply disappear when you die. Generally, a dead person's estate is responsible for paying their debts by selling off estate assets. Once someone dies, they are a "decedent." The personal representative of the decedent's estate handles the estate administration ing to the terms of a will.