Legal Question in Credit and Debt Law in Pennsylvania

Generally, the answer is no. A surviving spouse, assuming the estate is in PA, is not directly liable for a deceased spouse's debts. However, the surviving spouse may be indirectly liable. You do not indicate when the person died, where they lived at the time of death, if the deceased had a will, whether a probate estate is pending, what probate assets there are and what types of debts are at issue. Assuming that there are probate assets, the deceased spouse's estate is obligated to pay any claims out of estate assets (minus the family exemption). If there is enough money, all claims are paid before the beneficiaries inherit. If there are insufficient funds, then claims are paid in order of priority, beginning with administrative expenses, funeral bills, taxes, medical bills and then anything else. There is also a law providing that certain family members are liable for nursing home care given to the deceased.

What I suggest is that if you are concerned, talk with a probate attorney to assist if the surviving spouse is deceased. Even if a probate attorney is not needed to probate the estate, the consult will be beneficial in allowing an attorney to review the documents and provide insight regarding the payment of any claims.

It is unclear from your question if you are asking this question because a spouse has died or whether you are just anticipating problems in the event of a death. If the latter, then it might be beneficial for both spouses to at the outset consult an estate planning attorney. It might also be a good idea for the debtor spouse to talk with a consumer attorney and see how the debts might best be resolved, whether by filing bankruptcy or through some other means (debt negotiation/settlement or debt consolidation).