debts left by deceased spouse

Asked July 12, 2018, 3:56 PM EDT

Is a surviving spouse responsible for the debts of her deceased spouse if the debts are only on his name.

Alachua County Florida

1 Response

No. Surviving spouses are only responsible for making payments on jointly-held debts with their deceased spouse. However, having said that, the deceased spouse's debts will need to be paid by his estate as part of the probate settlement process. Debt payments will reduce the amount of assets available to distribute to the surviving spouse and/or other heirs. Consider obtaining legal advice if you need further assistance, especially if you are executor of your husband's estate.