If my father passed away but the estate did not go through probate, does his credit card need to be paid?

UPDATED: Apr 2, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 2, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my father passed away but the estate did not go through probate, does his credit card need to be paid?

My father passed away 5 months ago. The estate did not go through probate. I called his credit card company to let them know he passed and gave them my phone number. Now I have an estate settlement company calling me I would imagine to collect debts. My father arranged the title to his home to be split 50/50 to my brother and I when he passed. We have yet to have it re-titled in our names. Is the estate liable for this credit card debt even though the estate is not going through probate? Should I wait to talk to the estate settlement company until we transfer the house to our names?

Asked on April 2, 2012 under Estate Planning, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Yes, the estate is liable for the debts of the decedent.  But it seems that the house is not part of his estate, although it remains in his name at this point in time.  Speak with an attorney about the trnasfer.  It really is not fraudulent as there is no judgement and it is not part of the estate but I would like it if I could double check the deed and see how it reads.  If there are any funds that can be used to settle the credit cards I would do it.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption