How To Collect A Debt From A Deceased

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How To Collect A Debt From A Deceased
How To Collect A Debt From A Deceased

Video: How To Collect A Debt From A Deceased

Video: Who Is Responsible For The Debts Of A Deceased Person? 2022, November

A person dies, but his debts remain to live. And they still want to get back those to whom he owed. Therefore, the legislation is very strict with this expense item and assumes that the deceased's debt can still be recovered.

How to collect a debt from a deceased
How to collect a debt from a deceased


Step 1

The inheritance of the deceased (and debts are also an inheritance) can be dealt with in several ways. The simplest of them is to wait until the direct heirs take over. This usually happens six months after death. Immediately after that, you can go to court and file an application for debt collection from the heirs.

Step 2

Problems can arise if everyone waives their inheritance rights. And here article 1151 of the Civil Code of the Russian Federation comes into force, which states that in this case the property becomes the property of the municipal or state and is recognized as extinct. However, this does not exempt from the payment of debt. And to recover it, you can go to court in the same way.

Step 3

But there are also some nuances. So, for example, you can receive debt reimbursement only within the value of the inherited object. Therefore, you will first need to draw up an appraisal inventory of the inherited property, so that, by a court decision, 1/2 of the cost of the apartment you have determined does not become an unnecessary headache for you. After all, collecting such a debt is quite problematic. In connection with this situation, problems may arise with the collection of the full amount of the debt. This will happen if you owe 100,000 rubles. with a property share of 10,000 rubles. In this case, consider that 90,000 rubles. you just donated.

Step 4

If it comes to a sworn property, you will communicate with the Federal Property Management Agency on the subject of debt collection. In this case, you will be able to directly receive money, and not a material equivalent in the form of an apartment, car, etc. All this will be carried out again within the framework of the total value of the inherited property. The disadvantage of this method is that the whole procedure takes a very long time - at least 9 months.

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