Who Pays Debts If The Debtor Dies

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Who Pays Debts If The Debtor Dies
Who Pays Debts If The Debtor Dies

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Video: If a person Died with Debts 2022, December
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The payment of the debts of the deceased debtor is carried out by his heirs in the event that the latter have accepted the inheritance. If the heirs are absent or have abandoned the inheritance, then the debt is paid off at the expense of the inherited property, and the rest of the property is transferred to the state.

Who pays debts if the debtor dies
Who pays debts if the debtor dies

Most of the obligations of the deceased debtor are part of the inheritance, that is, can be transferred to the heirs. It is the latter who become obligated persons who repay the debts of the testator, subject to the acceptance of the inheritance. It should be borne in mind that debts and obligations that are associated with the personality of the deceased debtor do not pass to the heirs. So, for example, credit obligations to the bank may be included in the estate, but the inclusion of alimony obligations or payments related to the infliction of harm to the health of a person to the deceased is excluded. The heirs are liable for obligations only within the limits of the value of the inherited inheritance (share of the inheritance).

How are claims made after the death of the debtor?

Creditors should be aware of the existence of certain peculiarities of filing claims after the death of the debtor. So, with claims or claims to the heirs can be addressed only after they accept the inheritance. Moreover, if such an acceptance took place, then the claim can be made against any heir in full, since they bear joint and several liability, limited only by the size of the accepted share of the inheritance. The creditor can file a claim even before any of the heirs accepts the inheritance. Such an appeal is especially relevant due to the fact that the death of the debtor does not interrupt the statute of limitations, which may simply expire. That is why creditors can make claims against the executor of the will (notary) or inheritance. In this case, such requirements can be satisfied precisely at the expense of the specified property.

What to do if there are no heirs?

If the heirs are absent or have refused to inherit, then claims for the obligations of the deceased debtor may be brought against the executor of the will, as well as directly against the state, which receives the property in the absence of heirs. In this case, the court may also satisfy those claims, the amount of which does not exceed the value of the inheritance. If the heirs declare that they are refusing the obligations of the deceased testator, then it is necessary to remember that it is impossible to partially renounce the inheritance. It must be accepted in full, including existing commitments. The only alternative is a complete rejection of the inheritance, in which the heirs also cannot claim the property.

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