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Home→Agencies→CFPB→When someone dies

Notifying the CFPB when someone dies

Executor is responsible for notifying the CFPB

OverviewWhen someone dies

CFPB

Federal Benefits

consumerfinance.gov→
CFPB logo

CFPB Consumer Response

Phone1-855-411-2372
TTY1-855-729-2372
Mailing Address

Consumer Financial Protection Bureau, PO Box 27170, Washington, DC 20038

WebsiteVisit website→
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)

CFPB Complaint Line

Phone1-855-411-2372
TTY1-855-729-2372
WebsiteLearn about benefits→
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)

Contact Creditors Directly

Phone1-855-411-2372
TTY1-855-729-2372
Timeline

Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days

WebsiteLearn more →
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)
Verified Jul 2026

When someone dies, the Consumer Financial Protection Bureau (CFPB) must be notified. The executor is responsible for notifying the CFPB.

Notification deadline: Notify creditors and mortgage servicer as soon as possible.

Steps to take

Steps for notifying the CFPB and applying for survivor benefits:

1
Understand who is responsible for the deceased's debts:
  • •Debts are generally paid from the estate (money and property left behind)
  • •If the estate lacks sufficient funds, debts typically go unpaid
  • •Co-signers and joint account holders remain responsible for shared debts
  • •Authorized users on credit cards are generally NOT liable
  • •Surviving spouses in community property states may be responsible for certain debts
2
Know your rights if a debt collector contacts you:
  • •Collectors must provide a validation notice with debt details during the first conversation or within 5 days
  • •Collectors cannot call before 8 a.m. or after 9 p.m. your local time
  • •Collectors cannot make more than 7 calls in 7 days about a specific debt (12 CFR 1006.14)
  • •Collectors cannot misrepresent that you are personally responsible for a debt you did not co-sign
  • •You can send a written request to stop further contact or specify preferred contact methods
  • •Collectors cannot sue or threaten to sue on time-barred debts (12 CFR 1006.26)
3
If you inherited a mortgaged property:
  • •Contact the mortgage servicer to report the borrower's death
  • •Provide a death certificate and proof of your ownership interest
  • •Request confirmation as a successor in interest
  • •Once confirmed, you have access to all loss mitigation options (modification, forbearance, repayment plans)
  • •The servicer cannot enforce a due-on-sale clause for transfers due to death (Garn-St. Germain Act)
4
Community property states where a surviving spouse may owe the deceased's debts:
  • •Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin
  • •Alaska (with a written community property agreement)
  • •Consult a licensed attorney in your state for specific questions
5
File a complaint with the CFPB at consumerfinance.gov/complaint if a debt collector or mortgage servicer violates your rights.

Required Documents

  • Certified copy of the death certificate
  • Proof of ownership interest in inherited property (recorded deed, affidavit of heirship, or court order)
  • Letters testamentary or letters of administration (for estate representatives)
  • Loan account numbers and servicer contact information
  • Written cease-contact request (if stopping debt collector communications)
  • Supporting documents for CFPB complaint (limit 50 pages: dates, amounts, prior communications)

Timeline

Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days

Survivor benefits

Debt Collection Protections for Survivors

Under Regulation F (12 CFR Part 1006), surviving spouses and estate executors are treated as "consumers" with full debt collection protections. Debt collectors cannot call before 8 a.m. or after 9 p.m., cannot make more than 7 calls in 7 days about a specific debt, and cannot misrepresent that a family member is personally liable for a debt they did not co-sign.

Eligibility: Surviving spouse, parent of a minor, legal guardian, or executor/administrator of the estate

How to apply: File a complaint at consumerfinance.gov/complaint if a debt collector violates these rules

Learn more →

Mortgage Successor-in-Interest Protections

Under Regulation X (12 CFR 1024.38), heirs who inherit a mortgaged property are recognized as "successors in interest." Once confirmed, they receive the same rights as the original borrower, including access to all loss mitigation options and protection against foreclosure during an active application.

Eligibility: Heirs who acquire property through death of the borrower (via will, intestate succession, joint tenancy, or tenancy by the entirety)

How to apply: Contact the mortgage servicer, provide a death certificate and proof of ownership (recorded deed, affidavit of heirship, etc.), and request confirmation as a successor in interest

Learn more →

Surviving Spouse Financial Resources

The CFPB provides a step-by-step guide for surviving spouses to manage the most urgent financial tasks after a spouse's death. Resources cover understanding debt responsibility, evaluating housing decisions, setting contact boundaries with debt collectors, sharing financial information templates, and inventorying digital assets. The guide explains that surviving spouses are generally not responsible for the deceased's debt unless it was jointly held or required by state law.

Eligibility: Surviving spouses and partners

How to apply: Access the guide at consumerfinance.gov/consumer-tools/educator-tools/resources-for-older-adults/discover-resources-for-surviving-spouses/ or call (855) 411-2372

Learn more →

CFPB Complaint Process

The CFPB accepts complaints about debt collectors, mortgage servicers, credit card companies, and other financial companies. Companies generally respond within 15 days (60 days for complex cases). The CFPB publishes complaint data in its Consumer Complaint Database. Complaints can be filed online (less than 10 minutes), by phone (25-30 minutes), or by mail to PO Box 27170, Washington, DC 20038.

Eligibility: Any consumer or authorized representative

How to apply: File online at consumerfinance.gov/complaint or call (855) 411-2372

Learn more →

Frequently asked questions

Generally, you are only responsible if you co-signed the debt, held a joint account, or live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, or Alaska with a written agreement). Authorized users on credit cards are typically not liable. Debts are paid from the estate, not by family members personally.

A debt collector can contact the surviving spouse, executor, or administrator to discuss the debt. However, they cannot misrepresent that you are personally responsible for a debt you did not co-sign. They must follow all Regulation F rules: no calls before 8 a.m. or after 9 p.m., no more than 7 calls in 7 days, and no false representations about the debt.

Credit card debt is paid from the estate. Joint account holders remain responsible for the balance. Authorized users are generally not liable. If the estate lacks sufficient funds to pay the debt, the credit card company may not collect from family members (unless they co-signed or live in a community property state).

Yes. Federal law (the Garn-St. Germain Act) prevents mortgage servicers from enforcing a due-on-sale clause when a property transfers due to death. Contact the servicer, provide a death certificate, and request confirmation as a successor in interest. Once confirmed, you can apply for loss mitigation options if needed.

A successor in interest is someone who receives ownership of a property through death, divorce, or family transfer. Under CFPB Regulation X (12 CFR 1024.38), mortgage servicers must recognize confirmed successors and provide them the same rights as the original borrower, including access to loss mitigation options.

Debt collectors cannot sue or threaten to sue on time-barred debts (debts where the statute of limitations has expired) under Regulation F (12 CFR 1006.26). The statute of limitations varies by state and debt type. However, creditors can file valid claims against the estate through the probate process.

Community property states treat most debts incurred during marriage as jointly owed by both spouses. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska allows couples to opt in through a written agreement. In these states, a surviving spouse may be responsible for certain debts of the deceased.

After completing the notification process, eligible survivors can apply for 4 benefits through the CFPB. Each benefit has its own eligibility requirements and application process.

Keep copies of all documents submitted to the CFPB. Original documents submitted for verification are typically returned after processing.

Download instructions for the whole estate→

CFPB

Federal Benefits

consumerfinance.gov→
CFPB logo

CFPB Consumer Response

Phone1-855-411-2372
TTY1-855-729-2372
Mailing Address

Consumer Financial Protection Bureau, PO Box 27170, Washington, DC 20038

WebsiteVisit website→
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)

CFPB Complaint Line

Phone1-855-411-2372
TTY1-855-729-2372
WebsiteLearn about benefits→
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)

Contact Creditors Directly

Phone1-855-411-2372
TTY1-855-729-2372
Timeline

Mortgage servicer must confirm successor-in-interest status within a reasonable timeframe; CFPB complaints receive company response within 15 to 60 days

WebsiteLearn more →
HoursMonday through Friday, 9:00 a.m. to 6:00 p.m. ET (except federal holidays)
Verified Jul 2026