When a family member passes away, it’s natural to want to keep everything in order—including their finances. But when it comes to credit card bills, paying them out of pocket is one of the biggest mistakes you can make during probate.

As a probate and estate planning attorney, I see this issue come up often, so let me walk you through what you should and shouldn’t do.

You Are Not Personally Responsible for Their Debt

One of the most important things to understand is this:

You are not personally liable for a deceased family member’s credit card debt.

Even if you’re named as the executor, that doesn’t make you financially responsible. The debt belongs to the estate—not you.

So when those credit card statements show up in the mail, don’t panic, and definitely don’t start writing checks.

Probate Has a Built-In Creditor Claim Process

If the estate needs to go through probate, most states—including Washington—have a formal creditor claim period. This is a specific window of time during which creditors must:

1. Follow the probate rules, and
2. Submit a valid claim to the estate.

If a creditor fails to submit a proper claim during that timeframe, the estate doesn’t owe them anything—not even if the person truly had that debt.

This is exactly why you should avoid paying bills as they come in.
Let the creditors use the proper process.

What You Should Do Instead

Rather than paying bills, simply stay organized. I recommend keeping a simple spreadsheet with:

• Creditor name
• Amount owed (if known)
• Mailing address
• Any account or reference numbers

This information will be useful during probate, and the court-supervised process will sort out which claims are valid and which aren’t.

The Only Bills You Should Pay

There’s one important exception: bills related to maintaining property.

These may include:

• Home insurance
• Utilities
• Yard or property maintenance
• Necessary repairs to preserve value

These expenses help protect the estate’s assets, so it’s perfectly reasonable—and often necessary—to keep them current.

Final Thoughts

Losing someone is difficult enough without taking on financial stress you don’t actually owe. Let the probate process work the way it’s designed to work, and avoid paying unsecured debts like credit cards out of pocket.

Stay organized, protect the estate’s property, and let creditor claims flow through the proper legal channels.

If you need help navigating probate, my team and I are always here to assist.