Can I file bankruptcy with my deceased spouse?
1 minute read • Upsolve is a nonprofit that helps you get out of debt with education and free debt relief tools, like our bankruptcy filing tool. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool
No, you can't file bankruptcy jointly with your late spouse. But, you can (and should) make sure that all of their debts are listed on your schedules so any payment obligation you may have to the creditors can be discharged in as part of your case.
Written by Attorney Andrea Wimmer.
Updated July 22, 2020
No, you can't file bankruptcy jointly with your late spouse. But, you can (and should) make sure that all of their debts are listed on your schedules so any payment obligation you may have to the creditors can be discharged in as part of your case.
If you're expecting an inheritance or life insurance proceeds following the passing of your spouse, consider speaking to a bankruptcy attorney before doing anything. Otherwise, you may be in for a surprise when the bankruptcy trustee makes a claim on your inheritance, even if you won't get it until after your case is filed. A bankruptcy attorney will be able to advise you on whether your expected inheritance or life insurance proceeds are protected by an available exemption and how timing can make a difference.
To learn more about your responsibility to pay off the debts of your deceased spouse, check out this detailed guide from our friends at the Consumer Financial Protection Bureau.
