Federal student loans are completely cancelled when you die — your family owes nothing. Private student loans are more complicated and may fall on a co-signer. Here’s what happens to every type.
What Happens by Loan Type
| Loan Type | Discharged at Death? | Co-signer Liable? | Estate Liable? |
|---|---|---|---|
| Federal Direct Subsidized | ✅ Yes | N/A (no co-signer) | ❌ No |
| Federal Direct Unsubsidized | ✅ Yes | N/A | ❌ No |
| Federal Direct PLUS (student) | ✅ Yes | N/A | ❌ No |
| Federal Parent PLUS | ✅ Yes (if parent OR student dies) | N/A | ❌ No |
| Federal Perkins | ✅ Yes | N/A | ❌ No |
| Federal FFEL (older loans) | ✅ Yes | N/A | ❌ No |
| Private student loans | ⚠️ Varies by lender | Released if the student dies (loans made on or after Nov. 20, 2018); older loans vary | ⚠️ Often yes |
How to Discharge Federal Student Loans
| Step | Action |
|---|---|
| 1 | Contact your loan servicer |
| 2 | Request a death discharge application |
| 3 | Submit a certified copy of the death certificate |
| 4 | Servicer processes the discharge (30-90 days) |
| 5 | Any payments made after the date of death are refunded |
| 6 | Discharge reported to credit bureaus; loan removed |
Private Student Loan Policies (Major Lenders)
Many large private lenders discharge a student loan when the borrower dies, but it is a lender policy, not a legal requirement, and it varies by lender and by when the loan was made. Two protections do come from federal law:
- Co-signer release: for private student loans made on or after November 20, 2018, the lender must release any co-signer when the student borrower dies.
- Tax: a private loan discharged because of death or total and permanent disability is not taxable income.
Policies change — always check the specific loan agreement and contact the lender directly.
Co-Signer Liability
| Situation | Co-signer Responsible? |
|---|---|
| Federal loan (no co-signer exists) | N/A |
| Private loan — lender discharges at death | ❌ No |
| Private loan made on or after Nov. 20, 2018, and the student dies | ❌ No — federal law requires release |
| Older private loan — lender does NOT discharge | ✅ Yes — full remaining balance |
| Co-signer release was completed before death | ❌ No |
| Private loan in community property state | ⚠️ Surviving spouse may be liable |
Community Property States
In these states, a surviving spouse may be liable for student loan debt incurred during the marriage:
| Community Property States |
|---|
| Arizona |
| California |
| Idaho |
| Louisiana |
| Nevada |
| New Mexico |
| Texas |
| Washington |
| Wisconsin |
Tax Implications
| Situation | Taxable? |
|---|---|
| Federal loan discharged at death | ❌ No (permanent under the 2025 budget law) |
| Private loan discharged at death | ❌ No (permanent under the 2025 budget law) |
| Loan paid from estate assets | N/A — payment, not discharge |
The Tax Cuts and Jobs Act first excluded death and disability discharges from income for 2018–2025; the 2025 budget law (Public Law 119-21, sec. 70119) made the exclusion permanent for discharges after 2025.
Parent PLUS Loan Special Rules
| Scenario | What Happens |
|---|---|
| Parent borrower dies | Loan fully discharged |
| Student (on whose behalf loan was taken) dies | Loan fully discharged |
| Parent wants to transfer to student | Not possible — PLUS stays with parent |
| Student can consolidate PLUS into own name | Only through refinancing with a private lender |
The Bottom Line
Federal student loans are fully cancelled at death with no tax consequences — notify the servicer and submit a death certificate. For private loans, check the loan agreement and contact the lender, as policies vary. If you’re a co-signer on a private student loan, understand that you may become responsible for the full balance. Consider life insurance to cover the loan amount if you have co-signed private student loans.
Related: What Happens to Debt When You Die? | What Happens If You Don’t Pay Student Loans?
Part of the student loan guide.
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