Who is responsible for credit card debt after death in California?

During the estate administration, it is an executor’s responsibility to pay debts with the deceased person’s assets. If there are not enough assets to cover all the debt, creditors cannot typically hold relatives liable for the outstanding balances.

How long do creditors have to collect a debt from an estate California?

one year
Generally, in California creditors of a decedent’s estate have up to one year (365 days) from the decedent’s death to file a timely creditor claim.

Is an estate liable for credit card debt?

Will they be responsible for paying off your credit card balances? In most cases, no. When you die, any credit card debt you owe is generally paid out of assets from your estate. Here’s a closer look at what happens to credit card debt after a death and what survivors should do to ensure it’s handled properly.

What are the credit card laws in California?

Code § 1788.17). So, in California, original creditors have to comply with both the Rosenthal Act and the FDCPA. If, for instance, a credit card company contacts you about an overdue bill, it must follow both the FDCPA and the Rosenthal Act.

Who is responsible for a deceased spouse’s credit card debt?

You’re the deceased person’s spouse and state law requires that you pay for the debt, like certain healthcare expenses paid for with a credit card. You were legally responsible for administering the estate and didn’t comply with certain state probate laws.

What are the laws for debt collection in California?

California’s main debt collection law is the Rosenthal Fair Debt Collection Practices Act (the “Rosenthal Act”). (Cal. Civ. Code §§ 1788 to 1788.33). While the federal FDCPA applies to debt collection agencies—but not original creditors—California law extends the protection to creditors, and others.

Can a surviving spouse collect on a California debt?

If the estate consists solely of community property, probate is not required and creditors can take action to collect marital debts directly from your surviving spouse. State law in California determines the order in which your creditors and debts are paid after your death.