Legal Question in Credit and Debt Law in Pennsylvania

Not directly. Assuming the children did not agree in writing to be personally responsible for the debt, or a joint co-borrower or to co-sign for their parent, the answer is no. They are not directly responsible. Depending on what the father owns and owes, they may be indirectly be liable, however.

When a parent passes, an estate may need probated for him/her if he/she has probate assets. Creditors are notified of the death and must submit claims. If there are enough assets in the estate to pay all claims, then all claims are paid. Some claims (funeral expenses, family allowances, administrative expenses, medical expenses and taxes) are priority claims. That means that if there is not enough money, then claims are paid in order of priority. Credit card debts are lowest in priority, so when the estate runs out of money, then they do not get paid. If there is enough estate assets to pay some credit cards but not others, the personal representative can compromise the claims. However, the heirs/beneficiaries cannot keep probate assets and not pay claims.

If there are no assets justifying probate, then in that case, I suggest that the person who would be the personal representative or perhaps a child write a letter, sent certified mail, to the creditor. In the letter, the personal representative would explain that the deceased parent had the account with creditor, that the parent passed away (include a copy of the death certificate). that the parent owned no assets justifying probate, that no estate will be probated, that the personal representative is not liable for the debt and that the creditor or collector needs to close the account and write off the debt.