Am I responsible for payment of my deceased father's credit card debt?

Full question:

My father died Jan '09 with a will, appointing me executrix and leaving everything to my sister and me evenly split. Unfortunately, the will was hand written w/ no witnesses and no notarization. So the clerk of the court declared the will invalid, but said it didnt matter because my sister and I were heirs-at- law by Virginia state law anyway(Our mother passed away ten years ago). He had a car loan and outstanding debts on several credit cards. My husband and I took care of the car loan because we did not want the car to be repossessed, but he also had credit cards with outstanding balances of $14,000, $2500 and $490, plus a few other smaller ones. None of the credit cards had credit card insurance on them. Are we liable for those debts? He does have a house which we just recently put on the market, but we have no idea how much we will get for it or when it will sell. Would really appreciate some guidance on whether or not we are legally liable for the outstanding debts and if we have to pay them off from the proceeds of the sale of the house.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Virginia

Answer:

An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws.

When a person dies, their assets are distributed in the probate process. If a person dies without a valid will, an administrator is named to handle the distribution of the estate after a petition to probate the estate is filed with the court in the county where the deceased resided. The court will issue letters testamentary of letters of administration, giving the administrator authority to collect the assets and pay the debts of the decedent. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

The answer on whether the house proceeds must be used to pay debts of the deceased epeends on how the deed was titled. If it was owned in joint tenancy with a right of survivorship, or inherited through a remainder of a life estate, or passed through a trust, it would typically not be included as part of the assets of the estate at death and not required to be probated. To dispose of the real property interests of the decedent, the administrator executes an fiduciary deed. For example, if a person who is a co-owner dies, the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining owners. Joint tenancy property passes outside of probate; however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property, and automatically will inherit the share of a deceased joint tenant by right of survivorship, without the requirement of going through probate.

In the case of a life tenant who holds a life estate, when the life tenant dies, their interest may pass to the remaindermen. Title may also return to the person giving or deeding the property or to his/her surviving children or descendants upon the death of the life tenant--this is called "reversion."

I suggest you contact a local attorney who can review all the facts and documents involved.