Inheritance Of The Debts Of The Testator

Inheritance Of The Debts Of The Testator
Inheritance Of The Debts Of The Testator

Video: Inheritance Of The Debts Of The Testator

Video: Inheritance Of The Debts Of The Testator
Video: Inheritance law 2024, May
Anonim

The liability of the heirs for the debts of the testator is joint and several in nature and is provided for by Art. 1175 of the Civil Code of the Russian Federation. From the moment when the heir of the debtor accepts the inheritance, he himself becomes a debtor to the creditors of the deceased.

Inheritance of the debts of the testator
Inheritance of the debts of the testator

The heir's liability for the testator's debts is limited to the value of the inherited property. Creditors, that is, those persons and organizations to whom the testator owes debt, can present their claims to all heirs. From the moment of opening until the moment of acceptance of the inheritance, the claims of creditors are presented to the property included in the estate.

In cases where the inherited property is not enough to cover all debts, the obligation to pay the debt is terminated due to the impossibility of fulfilling it in the part for which there was not enough inheritance. Simply put, this part of the debt is forgiven and remains unpaid.

In addition to debts, heirs inherit the contractual obligations of the testator. For example, if during his lifetime the testator entered into a deposit agreement, the heir is obliged to fulfill the terms of the purchase and sale agreement. The tax debts of the testator are repaid by the heirs also within the limits of the inheritance value.

The heir who has inherited the property by the right of presentation is liable for the debts of the testator within the limits of the value of the inheritance, and is not liable for the debts of the heir from whom the right to accept the inheritance passed to him. For example, the property that belonged to his grandfather passed to the grandson in connection with the death of the heir of the first stage - the father (the son of the testator). In this case, the grandson is responsible with such property only for the grandfather's debts.

The testator's creditors may submit their claims only within the statute of limitations established by civil law (the total period is three years from the moment the obligation arises).

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