Can I file bankruptcy with my deceased spouse?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. We also provide free education, customer support, and a private community. Over 2 million web visitors since 2018. We never ask for a credit card. Funded by generous donors like Harvard University and featured 4x in Forbes. Explore Tool Now


In a Nutshell

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.



Written By:

Attorney Andrea Wimmer

TwitterLinkedIn

Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team full time in August 2019. While in private practice, Andrea ha... read more about Attorney Andrea Wimmer

It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:

Free Web App

Take our bankruptcy screener to see if you're a fit for Upsolve's free web app!

Take Screener
5117 families have filed with Upsolve! ☆
OR

Private Attorney

Get a free bankruptcy evaluation from an independent law firm.

Find Attorney
3493 people found attorneys this month

Questions about bankruptcy?

Research and understand your options with our articles and guides.

Go to Learning Center →

Already an Upsolve user?

Read Support Articles →

Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.

Close

Considering Bankruptcy?

Try our 100% free tool that thousands of low-income families across the country have used to file bankruptcy themselves. We are funded by Harvard University, will never ask you for a credit card, and you can stop at any time.

File Bankruptcy for Free