Updated on January 6th, 2026 Author: Sergei Lemberg

Is a Debt Collector Trying to Collect a Debt From the Deceased?

General Rule: A debt collector may still have a right to collect a debt from the deceased. However, they must go through their state’s process for filing a claim with their estate.

Debt collectors take on a certain risk when they buy a debt. As a result, they are often aggressive in their efforts to collect on a debt. It is not unusual for a debt collector to make deceptive statements to get you to pay a debt.

Because of this problem, Congress passed the Fair Debt Collection Practices Act (FDCPA). The FDCPA promotes a fair debt collection process. It does this by prohibiting debt collectors from harassing and deceiving a person into paying a debt. This is important even when the debt is not yours.

However, debt collectors sometimes resort to pressuring a family member or friend into paying the debt of a deceased loved one. In this article you will learn when this is a violation and how you can stop any deceptive debt collection practices.

Handling the Debt of Someone that Passed Away

When a relative passes away, that debt, along with any of their assets, becomes a part of their estate. As a result, the primary entity responsible for the payment of a family member’s debt is the estate.

The estate is typically managed by an executor or administrator. They will handle making payments to any debt collector on behalf of the estate. If the estate does not have sufficient funds to pay the debt, it will remain unpaid.

At that point, a debt collector does not have any legal means to collect on the debt with only a few exceptions. Those exceptions are as follows:

• Co-signer. If you cosigned a loan then you are legally responsible for the debt as well. A collection agency can contact you in an attempt to collect a debt. This happens often with car loans, student loans and mortgages.
• Certain States. In certain states (referred to as community property states) you may still be liable. These states have certain rules that, for instance, may hold a person responsible for their deceased spouse’s debts.
• Violation as an Executor. If you are handling the administration of an estate you have certain legal responsibilities. As a result, if you fail to pay a valid debt as the executor a collection agency may be able to hold you responsible.

FDCPA Protections for Deceptive Debt Collector Actions

While the previous section listed some exceptions, typically a deceased relative’s debt is not your responsibility. However, that does not stop certain collection agencies from reaching out to friends and family members. They may use various forms of deception to try to get you to pay a debt.

Fortunately, the FDCPA prohibits several forms of deception. This includes various attempts from collection agencies to get you to pay the debt of a family member or someone else. Be aware, a debt collector may commit more than one violation when they contact you about a decedent’s debt. The FDCPA prohibits various forms of the following:

• Deception. A debt collector may use many forms of deception. This includes misrepresenting themselves as an attorney and other ways to deceive you. They may even explicitly lie about your responsibility to pay a debt for a relative that passed away.
• Harassment. It is also a violation if they continually call you, use threatening language and more.

Of course, the FDCPA has its limitations. If this is an original creditor engaging in this behavior, you cannot take action under the FDCPA. This law only applies to third-party debt collectors.

What Are My Rights?

If a debt collector is trying to collect on a decedent’s debt, you can stop them. Here are the most effective options for addressing this type of violation of the FDCPA:

• Write the Debt Collector. Put the debt collector on notice in writing that they are violating your rights under the FDCPA. Send this demand letter by certified mail to have proof the collection agency received it.
• Notify a Federal Agency. You can submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB). You may also submit any FDCPA violations to the Federal Trade Commission (FTC).
• File a Lawsuit. If the violations continue you may have to file a lawsuit.

Conclusion

A debt collector does not want to be stuck with a debt they cannot collect on. As a result, they may resort to unethical tactics to get you to pay a relative’s debt that passed away. With limited exceptions, this is illegal.

If you are dealing with this type of situation, you likely have some questions. A good starting point is to contact a consumer rights attorney. They can evaluate the situation and provide advice on what you can do to stop this illegal debt collection practice.

About the author:

Sergei Lemberg

Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.

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