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Federal Trade Commission (FTC)

Debt-collection rights after a death, plus identity-theft reporting through IdentityTheft.gov

The Federal Trade Commission enforces the Fair Debt Collection Practices Act and publishes the federal guidance on who is responsible for a deceased person's debts and whom a debt collector may lawfully contact. It also runs IdentityTheft.gov, the federal government's reporting and recovery site, and ReportFraud.ftc.gov, where a report can be filed on behalf of someone else. The FTC collects reports into the Consumer Sentinel law enforcement database; it does not resolve individual cases.

The FTC when someone dies

No notification is needed. FTC's page on what to do after a death →

1
Refer debt collectors to the executor, who pays the deceased person's debts from the estate. Family members usually do not pay them from their own money:
  • •Personally liable: a cosigner; a spouse in a community property state or a state requiring payment of some debts; an executor who did not follow state probate law
  • •A collector may discuss the debt only with the spouse, a parent of a deceased minor, a guardian, a lawyer, the executor or a confirmed successor in interest
2
Dispute a debt in writing within 30 days of receiving the collector's validation notice, which it gives during the first call or in writing within five days. Collection stops until the collector sends verification.
3
Stop a collector's contact by email or letter, not by phone. Keep a copy, and send letters by certified mail with return receipt.
4
Send each credit bureau a certified copy of the death certificate and ask for a deceased alert, then watch the credit reports for unusual activity and leave identifying details out of the obituary:
  • •Equifax: 800-685-1111
  • •Experian: 888-397-3742
  • •TransUnion: 888-909-8872
  • •Include the full legal name, Social Security number, date of birth, last address and proof of authority
5
Report misuse of the deceased person's information:
  • •Identity theft: IdentityTheft.gov or 1-877-438-4338 (TTY 1-866-653-4261)
  • •Fraud, scams or bad business practices: ReportFraud.ftc.gov, reporting on behalf of someone else
  • •Tax identity theft: IRS Form 14039, completing Section F, and the IRS at 800-908-4490
6
Register the deceased person on the Deceased Do Not Contact List at DMAchoice.org, and remove a phone number from the National Do Not Call Registry by calling 1-888-382-1222 from that phone (TTY 1-866-290-4236).

Required Documents

  • Certified copy of the death certificate: Send copies, never originals.
  • The deceased person's identifying details: Full legal name, Social Security number, date of birth and last known address.
  • Your government-issued photo ID
  • Letters testamentary or letters of administration: Showing your authority over the estate.
  • IRS Form 14039, Identity Theft Affidavit: if tax-related identity theft is suspected

Timeline

A Do Not Call number comes off the Registry the day after the call to remove it, and telemarketers have 31 days to update their lists.

Deadlines1

Dispute the debt in writing, or request the original creditor's name and address

within 30 days of receipt of the collector's validation notice1

What happens to each matter3

Debts the person owed

Debts are paid from the estate; a debt it cannot cover usually goes unpaid. Family members usually do not pay from their own money, unless they cosigned, are a spouse in a community property state or a state requiring payment of some debts, or were responsible for the estate and did not follow state probate law.2

Collectors may not contact you before 8 a.m. or after 9 p.m., or at work once told not to, and must stop emailing or texting on request. After a written request to stop, a collector may only confirm it or name a specific action, and may still pursue the estate.2

Identity and credit file

The IRS instructs survivors to send the credit bureaus a copy of the death certificate and have them put a "deceased alert" on the credit reports, to watch the reports for unusual activity, and to keep details an identity thief could use out of the obituary.3

The FTC's credit freeze and fraud alert guidance is written for living consumers. A freeze means contacting all three bureaus; an initial, extended or active duty fraud alert means contacting one, which must tell the other two.4

Phone, internet and broadcast service

A Do Not Call registration never expires. The FTC removes a number only when it is disconnected and reassigned, or when someone calls from that phone to remove it.5

What FTC's rules say5

What the agency does and does not handle

The FTC does not receive death reports, keeps no death record and sets no death-notification deadline.2

Reports go into the FTC's Consumer Sentinel database, available to federal, state and local law enforcement and more than 2,000 partners. The FTC uses reports to investigate and bring cases, but cannot resolve reports on behalf of individuals.6

Who may act for the estate or the survivor

A debt collector may discuss a deceased person's debt only with the spouse, a parent if the deceased was a minor, a legal guardian, a lawyer, the executor, administrator or personal representative with power to pay estate debts, or a confirmed successor in interest.2, 7

A collector may contact other relatives only to get the representative's name, address and phone number, usually only once, and may not discuss the debt with them.2

ReportFraud.ftc.gov lets you say you are reporting on behalf of someone else and give both your information and theirs.6

Appeals and disputes

A collector gives validation information during its first call or in writing within five days of first contact. A written dispute, or a request for the original creditor's name and address, within 30 days of receipt stops collection until verification is mailed.1

Help with filing and representation

IdentityTheft.gov's intake is written in the first person, and its special tracks are tax, child and medical identity theft.8

Fees

The general DMAchoice marketer opt-out is a separate registration with a $6 processing fee online ($7 by mail), and it lasts 10 years.9

Forms FTC issues1

Form 14039: Identity Theft Affidavit

Reports tax identity theft, and can be filed for a deceased person. Section F names the filer: a surviving spouse, a court-appointed or certified personal representative, or no representative appointed.10, 3

Available to download.

Other agencies and offices involved6

Equifax

Deceased alerts on Equifax credit reports11

Experian

Deceased alerts on Experian credit reports11

TransUnion

Deceased alerts on TransUnion credit reports11

Internal Revenue Service

Verifying identity and tax return status after tax identity theft; the line gives no refund status3

National Do Not Call Registry

Removing a phone number from the Registry, and questions about it5

DMAchoice (Association of National Advertisers)

The Deceased Do Not Contact List and the ANA's mail and email opt-out lists9

Mailing address: DMAchoice Consumer Preferences, P.O. Box 900, Cos Cob, CT 06807

Programs for survivors4

IdentityTheft.gov

IdentityTheft.gov collects what happened and builds a personal recovery plan; with an account it walks through each step, tracks progress and pre-fills forms and letters. Its Identity Theft Report guarantees the victim certain rights, including a seven-year extended fraud alert.12, 13, 14

Who qualifies: Identity theft victims

ReportFraud.ftc.gov

Takes reports of fraud, scams and bad business practices, including those affecting a deceased person.6

Deceased Do Not Contact List

The Association of National Advertisers' DMAchoice.org list stops mail addressed to someone who has died. A registered person's name, address and email stay on the ANA's mail and email opt-out lists permanently.9

Who qualifies: Anyone registering a deceased person's name and address

Do Not Contact for Caretakers List

A DMAchoice.org list for a dependent in your care.9

Not in FTC's published guidance6

  • A deceased-specific identity-theft procedure
  • A deceased-person track in the identity-theft reporting site
  • A deceased-specific Do Not Call procedure
  • A one-call rule for a deceased notice to the credit bureaus
  • Credit bureau documentation requirements for a deceased notice
  • Credit bureau processing time for a deceased alert

Sources14

SimplyTrustSimplyTrust Editorial·

Sources

Show 2 more sources

Data sourced from Federal Trade Commission primary sources (14 pages reviewed). How we research.

FTC death reporting

Report Fraud on Behalf of Someone Else (ReportFraud.ftc.gov)

ReportFraud.ftc.gov online reporting

https://reportfraud.ftc.gov/24 hours a day, 7 days a week
Verified Sep 2026

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