It is possible to forcibly collect a debt not only from the debtor, but also from his heirs, who have accepted the inheritance and are jointly and severally liable for the testator's debts (Article No. 1175, No. 323 of the Civil Code of the Russian Federation). For recovery, you should apply to the arbitration court.
It is necessary
- - application to the court;
- - documents confirming the debts of the testator.
Instructions
Step 1
If the person who owes the debt has died, you have the right to file a claim with the arbitration court and present the remaining debt to the heirs who took over the property of the testator. In addition to the application, submit a loan agreement, IOU or financial claims to the court if the debt arose due to non-payment of taxes, fees or administrative fines.
Step 2
On the basis of a court order, you will receive a writ of execution. Responsibility for its repayment will fall on all heirs in accordance with the shares in which they received the property. This means that if the heir received property for 100 thousand rubles, and the testator's debt is 200 thousand rubles, you can only collect 100 thousand, and you will have to forgive the rest of the debt.
Step 3
Until the moment of acceptance of the inheritance, and its transfer to the heirs cannot be made before 6 months from the date of death of the testator established by law, you can bring claims against the executor of the will or property. This means that you will have to submit a claim to the arbitration court, but not specific heirs who have not received anything yet will be responsible for the debts, bailiffs will arrest the property itself belonging to the debtor.
Step 4
Any heir has the right to accept his share of the property or give it up in favor of other heirs or for the common benefit of all heirs of the testator. In this case, the heir who has renounced his share does not participate in the repayment of debts not paid by the testator. The rest of the heirs divide the debts equally or in accordance with the share of the property that they inherited.
Step 5
The heirs who have taken over the property, according to Article No. 1156 in the manner of transmission, can only be liable for the debts of the testator who left the property, and are not obliged to answer for the debts of the person from whom this right passed to them. This means that if the grandson inherited the grandmother's property, due to the fact that his father died before accepting the inheritance, he will be responsible and pay for the grandmother's debts, but he is not obliged to pay the father's debts if personal property did not get from him.
