What happens to a HELOC when you die?
The debt doesn't disappear. The line stops, and the balance is paid from the estate or by whoever keeps the house.
What happens to a HELOC when you die?
When a HELOC borrower dies, the lender usually freezes the line and the balance becomes due. Heirs can pay it off, refinance it into their own name, or sell the home and pay it from the proceeds. Heirs aren't personally liable for the debt unless they co-signed.
On this page
Options for heirs
- Sell the home and pay the balance from the sale.
- Pay it off from other estate assets or insurance.
- Refinance into their own loan if they want to keep the home.
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Surviving spouses
A spouse who was a co-borrower keeps the line under its terms. A spouse who wasn't on the loan should contact the lender right away about assuming or refinancing.
Planning ahead
Keep a record of all home loans with your estate documents, and consider life insurance sized to the balance.
Example
A widowed homeowner dies with a $700,000 home, a $200,000 mortgage and a $50,000 HELOC balance. The lender freezes the line. The executor keeps up the payments while the estate is settled, then sells the home. The sale pays the mortgage, the HELOC and costs, and the rest goes to the heirs under the will or trust.
Protections for heirs
- Federal law (the Garn-St Germain Act) prevents lenders from calling a residential loan due solely because the home passed to a relative after the borrower's death, if the relative lives there. This applies to first mortgages and generally to junior liens on homes with fewer than five units.
- Heirs who inherit can ask to be recognized as "successors in interest" and get information about the loan.
- Heirs aren't personally liable unless they signed the loan.
Even when the loan can stay, a HELOC typically stops allowing draws. Heirs who keep the home usually refinance or pay off the line over time.
For the executor
- Notify the lender with a death certificate and your letters of administration or trustee documents.
- Keep payments current to avoid late fees and foreclosure while the estate is settled.
- Get a payoff statement and confirm insurance on the home stays active.
Planning ahead
If you have a HELOC and want your home to pass smoothly, keep a list of your loans with your estate documents, consider life insurance to cover the balance, and hold the home in a revocable living trust if it fits your plan. HELOCs and trusts.
Checklist for heirs
- Find all loan statements and the HELOC agreement.
- Notify the lender and request a payoff.
- Keep insurance and taxes current.
- Decide whether to keep, refinance or sell.
Also asked
Can a HELOC lender demand immediate payment after the borrower dies?
Usually not right away. Many HELOC agreements allow the lender to call the loan after a death, but federal protections and the time needed to settle an estate usually give heirs time. Keep payments current while you work it out.
Can an heir keep the HELOC open?
Usually not for new draws. Lenders typically freeze a HELOC once the borrower dies, so an heir who keeps the home usually refinances the balance or pays off the line over time.
Does life insurance pay off a HELOC automatically?
Only if you bought credit life insurance tied to the loan, which is uncommon. Otherwise, life insurance pays your beneficiaries, who can use it to pay off the line.
What if a deceased borrower's home is worth less than the HELOC and other debts?
The estate can sell the home and the lenders take the proceeds, with any shortfall becoming a claim against the estate, not the heirs personally. Heirs can also choose not to keep the home. An estate attorney can explain how your state handles it.
Can heirs draw on a HELOC after the borrower dies?
No, heirs can't draw on a deceased borrower's HELOC. Lenders typically freeze new draws once they're notified of the death, and heirs who keep the home usually refinance or pay off the balance.
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Sources
Official sources behind this guide.
- What is the difference between a home equity loan and a HELOC? · Consumer Financial Protection Bureau
- What you should know about home equity lines of credit (booklet, PDF) · Consumer Financial Protection Bureau
- Regulation Z §1026.40: Requirements for home equity plans · Consumer Financial Protection Bureau
- Find a HUD-approved housing counselor · Consumer Financial Protection Bureau