Accepting an inheritance presupposes the need to work not only with property and material goods left behind by the deceased. There may also be debts among the inheritance, in which case you have to deal with creditors. Is the heir who accepted the inheritance obliged to answer for the debts of the testator?
In what cases is this necessary and in what cases is it not necessary? Such questions require careful attention. However, in any case, when agreeing to inherit the property of the deceased, it is necessary to find out in detail about his debts, and weigh the advisability of accepting the inheritance based on all the clarified aspects.
What obligations are transferred?
Some debts are inherited, but others are not, and it’s worth knowing about this. Debts passed on by inheritance are, first of all, debts arising from many civil contracts that could be concluded by a person during his lifetime. Passed on by inheritance:
- Utility debts for an apartment or house;
- After death, loan debts plus loan obligations and penalties are transferred;
- Fines along with the car.
These, as well as a certain list of other debts, are inherited along with the property, and the heirs are faced with the need to repay the debts. Claims for unjust enrichment are also fully satisfied by the heirs, since they relate to the property part for which they are obliged to bear responsibility.
Are debts inherited?
The issue of registration of inheritance is particularly acute today. Primarily due to the fact that such a procedure involves a whole list of subtleties and nuances. It is important to pay attention to all of them.
Because otherwise there is a high probability of difficulties and difficult moments arising. One of the most significant questions for heirs is what debts are inherited? The answer to this lies in the legislation.
In addition, a number of certain subtle issues will need to be resolved.
Today these include the following:
- on what terms;
- on loans;
- alimony obligations;
- by receipt;
- distribution of responsibility;
- can the deceased's insurance help?
- important nuances;
- the legislative framework.
On what terms
The normative document defining such a moment, directly related to the transfer of inheritance obligations, is indicated in Article No. 1140 of the Civil Code of the Russian Federation.
Moreover, all obligations of the testator can be divided into two main categories:
- Which stop after death.
- Which must be repaid regardless of the condition of the defendant himself under the obligation.
For example, in the standard case, alimony obligations will no longer be valid - after the death of the heir himself.
It is important to note that it will be necessary to fulfill the heir’s alimony obligations only if the inheritance is formalized. If the heir has not assumed rights, then no obligations arise.
For loans
The issue of lending is always quite complex and the fulfillment of such obligations again has a number of subtle aspects. It all depends on the conditions that are reflected in the special agreement.
All lending conditions can be divided into two main categories:
- with life insurance;
- without life insurance.
If a product such as “life insurance” was not available as an additional service when concluding a loan agreement, then it is mandatory to fulfill debt obligations.
In this case, after assuming the rights of inheritance, the payer of the loan will be the heir. The situation is different when there is “insurance” of this type.
Today, almost all banks, regardless of the type of loan, and especially for large amounts, impose a service such as life insurance. It is understood that the insured event will be the death of the testator.
If he passes away, his heirs will have the right not to repay his debt. Even if the collateral is the testator’s private property. Judicial practice on this matter is not very extensive.
But for the most part, there are no difficulties with paying compensation. Repayment of the debt to the bank is carried out at the expense of the insurance company - with which a corresponding agreement was previously concluded.
It is important to work through this issue first. This will prevent various difficulties. Problematic moments.
Alimony obligations
The issue of alimony obligations is covered in Article No. 120 of the RF IC.
This document defines the following cases:
- The recipient of alimony reaches the age of majority - if it is a child.
- Restoration of working capacity.
- In case the alimony payer simply passed away.
It is also important to note the fact that often the recipient of alimony is an obligatory heir. Therefore, you should not relax if the testator has such obligations.
Since it is often necessary to divide the inheritance. If you have any doubts about this, it is best to consult in advance.
But it should be noted that the very fact of the death of the alimony payer is not yet the basis for the process of canceling alimony.
An heir entering into inheritance rights should definitely consider a number of points:
| Indicators | Description |
| First of all, it is necessary to notify the bailiff involved in the case about the death of the payer | this will allow you to stop the accrual of payments in a timely manner and stop the growth of debt obligations |
| After this, you will again need to submit an application to the bailiff to carry out the process of recalculating alimony | which were formed at the time of the death of the payer himself |
Often, the recipient of alimony files a claim to collect the accumulated debt. In this case, reference is most often made to Article No. 1175 of the Civil Code of the Russian Federation.
When conducting a trial regarding alimony, the following may serve as evidence:
| Indicators | Description |
| Availability of a court decision or court order to carry out the process of collecting alimony | an alternative analogue is an agreement on voluntary payment of alimony |
| Document from the bailiff | resolution on the opening of special enforcement proceedings, data on the amount of debt, the regularity of its repayment |
| Additional Documentation | all kinds of certificates, extracts |
By receipt
There is one more obligation that must be fulfilled - on a special receipt. At the moment, this means repaying a monetary or other debt.
It is also important to work out this point in advance. But it should be noted that in order to collect debts on a receipt, you will have to prove that it is genuine.
This can be done as follows if the heir voluntarily does not want to repay such a debt:
- conducting a handwriting examination;
- the document was previously notarized.
If it is not possible to confirm the authenticity of the receipt, then the heir has the right to refuse payment of the debt obligation on completely legal grounds.
If possible, you should familiarize yourself with judicial practice on this matter. It is quite extensive. But at the same time it is ambiguous. What affects the design?
Distribution of Responsibility
The issue of distribution of responsibility for various debts is determined by special regulatory legislation.
The main document is Article No. 1175 of the Civil Code of the Russian Federation - within the framework of it the distribution process takes place.
This provision includes the following basic provisions - on the basis of which the division of property and liability should occur:
| Indicators | Description |
| To debts | which will need to be repaid only applies to debt that is not directly related to the personality of the debtor |
| The legislation does not contain unlimited liability of the heir | as is the case with Roman law |
Can deceased person's insurance help?
Life insurance is one of the ways to avoid repaying a loan that the testator previously took out.
It is important that the insurance company itself determines that a particular death is insurable.
This process has many subtleties. But more often than not, difficult situations simply do not arise.
Video: how debts are inherited
Which ones are not inherited?
However, another list of debts is not inherited, and this list is associated primarily with personal obligations related specifically to the deceased.
Obligations related to alimony, contracts of assignment and other similar things are not inherited. A person’s personal debts are his obligations to compensate for harm, as well as insurance compensation.
The heirs are not required to pay all this, and the law will be completely on their side even if the inheritance is fully accepted.
Inheritance of debts by minors
The age of the heir does not matter. If I were you, I would also doubt the authenticity of the receipt. Don’t go and challenge the receipt in court, let the gentleman go to court himself. If it works, then most likely the receipt is real. Do nothing at this time. If the debtor files a claim after 3 years from the date the receipt was issued, then claim the limitation period. If three years have not expired, then the application of Article 333 of the Civil Code and the collection of interest in the amount of 8.5% per year.
Debts are distributed proportionally among the persons entering into the inheritance. The first type of debt is associated with the death of the testator. Such debts include, in particular, funeral expenses, expenses for executing a will, etc. The second type of obligations are the direct debts of the testator himself. Debts arising from contractual obligations (purchase and sale agreements, loan agreements, utility bills, etc.)
Should children pay off debts?
Part of the debts passed on by inheritance becomes a mandatory component of the inheritance, and if any are discovered, the children must also pay them . First of all, the inheritance is given to the applicants from the first priority, who must divide the entire estate equally, and therefore debt obligations may become relevant for children, a widow or widower.
Important! If they refuse the inheritance, then it, along with the debts, is opened for subsequent queues, and then there is no need to pay anything. Debts are relevant only if an inheritance is accepted.
What to do if a parent died leaving debts?
After the death of a citizen, his property is inherited by relatives in the manner prescribed by law. If he also has debts, then those who receive the inheritance must pay them off, and these are not necessarily children or relatives. A citizen has every right to bequeath his property to whomever he wants: a relative, a stranger, and even an organization or state. It is the one who agrees to accept the property who must pay the debts.
If a son or daughter renounces their right of inheritance, they are not required to repay the parent's bank loans, and it is against the law for a financial institution to require them to do so. Therefore, in case of claims from the bank, file a claim in court.
How to find?
Before making a decision regarding inheritance, it is worth finding out in detail information about the debts that the testator might have.
In practice, this is not difficult - upon the death of the debtor, the creditor has the right to file a claim with the notary within six months, this is how the transfer of debt obligations begins.
Heirs can receive comprehensive information about debts from a notary . In addition, the creditor can file a corresponding claim in court, and then you will learn all the necessary information from the relevant authority, which will file a claim with the heirs.
Cash
If there is a monetary debt formalized in an official manner, with a payment document, for example, with a receipt, the heir will have to resolve this issue - these debts are transferred. The payment of such a debt is carried out under unchanged conditions - the heirs pay the debt within the same framework in which the payment was relevant for the original debtor.
If controversial circumstances arise, the issue will be considered through the court; it is necessary to file a corresponding claim. If there are no documents confirming the deceased’s obligation to pay debts, the heirs may not pay them.
Credit
Are loan debts transferable? Certainly! Payment of credit debts is necessary , and it is made on the basis of a simple agreement regarding the provision of funds.
For utilities
The need to pay utility debts comes with inherited housing. By accepting a house, apartment or share in a residential building from the testator, the heir accepts this property along with debts, if any.
Debts on residential real estate are discovered quickly , fortunately, this category usually does not create problems or unpleasant surprises. In order to detect a debt, you just need to contact the local housing office, or wait for the receipts and study them.
Important! If the property is transferred to the disposal of several relatives as heirs, they must pay the debt together, in equal proportions.
Sun of the Russian Federation Inheritance of Debts by Minors
In case of non-compliance with the requirements provided for in paragraph 1 of this article, the court, taking into account the nature and consequences of the abuse committed, denies the person protection of his right in whole or in part, and also applies other measures provided for by law. The good faith of participants in civil legal relations and the reasonableness of their actions are assumed (clauses 1, 3, 5 of the article of the Civil Code of the Russian Federation). Clause 61 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” provides that having established the fact of abuse of right, for example, in the case of a deliberate, without good reason, long-term failure by a creditor, aware of the death of the testator, to present demands for the fulfillment of obligations arising from the loan agreement concluded by him to the heirs who were not aware of its conclusion, the court, in accordance with paragraph 2 of the article , denies the creditor the collection of the above interest for the entire period from the date of opening of the inheritance, since the heirs should not be responsible for the adverse consequences resulting from dishonest actions on the part of the creditor.
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BRIEFLY Details of the solution: . Disputed requirement: To recognize minor heirs as legal successors of the debtor in connection with their application for an inheritance and to collect from them the existing debt of the testator in favor of the plaintiff. The court decided: The heirs in this case cannot be recognized as successors, since applying for an inheritance in itself does not confirm succession.
How does collection work?
As a rule, debts are collected through the courts. The judge issues a ruling on the need for payment, but does not indicate that it should come from the inherited property.
That is, the heirs themselves have the right to decide where they will get the money to pay off their debts.
But there are also slightly different situations - sometimes it happens that the testator’s apartment or other property is seized, and it becomes a means of security. If the debt is not paid, in this case the creditor has the right to take possession of the property.
How long can a creditor claim a debt?
According to Art. 196, 200 of the Civil Code of the Russian Federation, the maximum limitation period is 3 years. It is counted from the day when the bank representative learned about the death of the debtor and notified the responsible persons about the existence of the debt.
It does not take into account whether the relevant information was actually brought to the attention of the heirs. It is enough that the creditor tried to notify the debtor's heirs out of court.
A bank representative, when collecting a debt in the first 6 months from the date of opening of the inheritance, must contact a notary. If he demands repayment of the loan later than this period, he can do this only by filing a claim with the heirs.
Sources
- https://UrOpora.ru/nasledstvo/mogut-li-dolgi-roditelej-perejti-na-detej.html
- https://ros-nasledstvo.ru/perehodyat-li-dolgi-kredity-roditelej-na-detej/
- https://netudeneg.ru/nasledujut-li-deti-dolgi-roditelej-po-kreditam-pravila-perehoda/
- https://pravbaza.ru/nasledstvennoe-pravo/perekhodyat-li-dolgi-roditelej-na-detej
- https://advocate-service.ru/pristavy/mogut-li-opisat-imushhestvo-roditelej-za-dolgi-detej.html
- https://grazhdaninu.com/dolgi/raznoe-o-kreditah/otvechat-za-dolg-syna.html
- https://pravo-sfera.ru/pravo/perehodjat-li-dolgi-kredity-roditelej-na-detej/
- https://yurist-spb24.ru/nasledstvennoe-pravo/obyazatelstva/dolgi-po-nasledstvu.html
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Shares of responsibility
All people who accept the inheritance are also responsible for the debts of the deceased relative. It does not matter how they accepted the inheritance - through a will or by law. Along with the testator’s property comes the need to be responsible for his debts, and this can only be waived by refusing the inheritance itself.
In situations where there is only one heir, problems with this issue usually do not arise, and he is solely responsible for the entire inheritance mass with all its components. However, this is not always the case, and even if there is a single heir, some nuances may arise. They should be considered separately.
Thus, debt obligations arise only upon actual acceptance of an inheritance or upon acceptance in the general manner. All heirs are jointly and severally liable, but within the limits of their accepted share.
Important! And if a situation arises when one of the heirs fully pays all debts, but there are other people who have accepted part of the property, he has the right to demand that they repay part of the share through the court, and this demand will be legalized.
In addition, there is another nuance.
If the debts significantly exceed the value of the property received as an inheritance, then the heir should not be liable to creditors at the expense of his own property. Creditors can work with all heirs at once, or with one - and in this case, he can collect parts of the debt from others in a regressive manner.
Can a minor inherit a debt?
According to the legislation of the Russian Federation, a person who has not reached the age of majority has the right to be an heir both by will and by law. Thus, if the deceased indicated a minor in the will, upon entering into an inheritance, this citizen will also inherit the debts of the testator.
However, in the case of minors, there are several additional circumstances, namely:
- on behalf of a person who has not reached the age of majority, his official representatives can also enter into an inheritance (these may be legal parents, trustees or guardians);
- if a person is under 14 years old, the application for inheritance must be submitted by the mentioned representatives;
- if a person is over 14 but under 18 years old, he must apply independently, but only with the consent of an authorized representative.
It is worth noting that in certain situations, a minor may enter into an inheritance without the consent of their elders. This concerns the procedure for actually acquiring rights under the law - it is only necessary to fulfill certain requirements that are necessary for such inheritance. In addition, if a dispute arose between the heirs regarding the division of property or they decided to sign an appropriate agreement, all documents must be submitted to the official representative of the minor.
How to avoid?
To avoid receiving inherited debts, you must first carefully study the situation . Contacting the relevant authorities, the notary, housing office, traffic police will allow you to avoid problems, or find out about the situation in advance, weigh the pros and cons of joining, and make the right decision. Knowing about debts in advance, you can work out a strategy of action and eliminate unpleasant surprises.
Communication with the testator’s circle can also provide a lot of information, especially if he is not such a close relative and was not part of your circle of close contacts. If the direct heirs abandoned the property for no apparent reason, this may also be suspicious.
The potential heir has a period of six months to clarify the situation in detail and make the right decision. Legal advice in case of discovery of debts will also not be a superfluous measure.
If you have debts, it is worth clarifying their size, as well as weighing the associated costs when registering an inheritance - this will simplify the decision-making process. In case of large debts, it is quite advisable to issue a waiver that will free you from debts and the need to pay them.
Inheritance of debts by minors
The Civil Code of the Russian Federation for grandchildren and their descendants, which is a positive moment for this category of heirs. When inheriting by right of representation, other questions arise. If a legal heir dies before the opening of the inheritance or at the same time as the testator, his share in the inheritance by right of representation passes to his descendants in the cases provided for in paragraph 2 of Art. 1142, paragraph 2 of Art. 1143 and paragraph 2 of Art. 1144 of the Civil Code of the Russian Federation. In other words, the grandchildren of the testator and their descendants inherit by right of representation; nephews and nieces of the testator; cousins of the testator. They inherit the share of the inheritance that would have been due to their deceased parent, and it is divided equally between them. The legislator did not provide the possibility of inheritance by right of representation to the descendants of nephews and nieces, as well as to the descendants of cousins.
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The Federal Law “On Guardianship and Trusteeship” indicates that the refusal of a claim filed in the interests of a minor, the conclusion of a settlement agreement on behalf of the ward at a court hearing, the conclusion of a settlement agreement with the debtor in enforcement proceedings, as well as the issuance of a power of attorney on behalf of the ward are possible only with the prior permission of the guardianship and trusteeship authority. The procedure for inheritance by adopted children and adoptive parents. According to Art. 1147 of the Civil Code of the Russian Federation, when inheriting by law, the adopted person and his offspring, on the one hand, and the adoptive parent and his relatives, on the other, are equated to relatives by origin (blood relatives).
Inheritance of debts of the deceased
On March 2, 2020, Federal Law No. 47-FZ was adopted, which amended the Civil and Arbitration Procedural Codes of the Russian Federation. In accordance with this law, the procedure for collecting debts for utility services by management companies has changed.
In accordance with the law, the heir's liability for the debts of the testator is limited to the value of the deceased's property transferred to him as a result of inheritance. That is, if an heir inherited property worth 450 thousand rubles, and the debts of the testator amount to 600 thousand rubles, then the heir is liable for debts in the amount of the inheritance received, that is, 450 thousand rubles. Moreover, the market value of the inherited property received by the heir is taken into account as of the date of death of the former owner.
What to do if the debts in an opened inheritance exceed the amount of the inheritance itself
The notary told me that my father's debts would be assigned to me. Is it so? My sister, having heard this, decided not to enter into the inheritance. It turns out that if I declare my right to inheritance, then I will pay the remaining 450,000 thousand rubles? Or are there any options? Is it actually possible to inherit and not pay your father’s debts? Thank you in advance. Should I enter into an inheritance if the testator has debts? After the death of a person, his heirs share not only the property, but also the debts of the deceased, which may include obligations to repay a loan for a large amount. You cannot accept an inheritance in part by renouncing the debt portion. You will have to either refuse completely, or take possession of the property and undertake obligations to repay debts.
In such cases, usually, the amount of debts exceeds the value of the inheritance. At the same time, the heirs are faced with the problem that they cannot enter into an inheritance, since some of the papers for its registration must be obtained from public utilities, and they refuse to issue documents until the resulting debts are repaid. You should know: the refusal of utility companies to issue the necessary documents under the pretext of existing debt is illegal. These actions can be challenged in court. You can also try to resolve the problem by filing a complaint with the management of the utility service. The complaint should be sent by a valuable letter with notification. The answer must be given within 15 days. If there is no answer, or the answer contains a refusal, both circumstances will become a strong argument in your favor in court. Remember: you don’t have to pay for 10 years - the statute of limitations is 3 years (Art.
The bank's consent to replace the debtor when transferring the loan
As a general rule, replacing the debtor in an obligation is allowed only with the direct consent of the creditor. This is stated in Article 391 of the Civil Code of the Russian Federation.
In this situation, the bank’s actions to demand debt from the heir can already be regarded as consent to replace the party. In addition, we are talking about universal succession, regarding which the legislator establishes special rules that imply the inclusion of not only rights, but also obligations in the inheritance mass.
A separate consent of the bank may be required when inheriting mortgaged real estate, since it will be impossible to re-register an apartment or house that is under an encumbrance. Also, such consent will be required if the heir wants to sell the pledged item, even if he plans to repay the debt of the deceased with the proceeds.
How creditors search for heirs
The testator's creditors have the right to present their claims to the legal heirs. Usually, legal successors independently contact credit institutions to discuss the conditions for repaying obligations, having discussed problematic issues in advance with the notary who opened the case. However, it is not uncommon for them to be unwilling to pay off their debts or not notified of the need to answer for the outstanding obligations of the deceased. Under these circumstances, creditors are forced to independently search for heirs by putting them on the wanted list.
It is not recommended to avoid cooperation with the bank. As practice shows, the vast majority of unpaid loans were secured by property. Therefore, in the absence of actions on the part of the legal successor, which are aimed at leveling the debts, the bank has the right to foreclose on the mortgaged objects. Thus, a relative who has received ownership of an apartment, vehicle and other valuables can very easily lose the newly acquired property if the creditor’s demands are not met.
Reference! Direct searches can occur through a notary or by going to court. When using the second option, the process passes into the hands of bailiffs, which may indicate that there is no real opportunity to hide from demands - FSSP employees have a lot of different tools to identify debtors.
When are heirs liable for debt obligations?
According to Art. 1218 and 1281 of the Civil Code of Ukraine, after death, debt obligations pass to the heirs in full if they accept all inheritance rights and obligations. A debt obligation arises immediately after acceptance of the inheritance .
To do this, the potential testator must contact a notary office to write a corresponding application. The notary opens an inheritance case and issues a certificate confirming the right to inheritance.
A certificate of inheritance rights is issued by a notary only 6 months from the date of signing the application . Only after receiving this certificate, creditors can demand payment from the heirs for the debts of the testator.
Inheritance of the testator's debts
The best outcome for the heir is the case when the loan agreement provided for life and health insurance of the citizen. In this case, if the death of the testator qualifies as an insured event, the insurance company pays the entire amount of the loan. Attention It should be remembered that if the heirs were unable to resolve all controversial issues contractually, then in this case they can go to court regarding the distribution of debts between the heirs. The value of the property passed to the heirs is calculated at the market value at the time of opening of the inheritance, and cannot be changed in the future.
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Creditors who miss this deadline for collecting debt claims write off these obligations as their losses. The most popular questions and answers to them regarding liability for the debts of the testator Question: Hello, my name is Ilya. My father inherited an apartment, which was distributed between me, my mother and my sister. In addition, we received our father's debts. My mother and sister refuse to pay them, arguing that I have most of the apartment and must pay for everything myself. Is it so? Answer: Hello, Ilya. According to Article 1175 of the Civil Code of the Russian Federation, all heirs are jointly liable for the debts of the testator, that is, everyone must pay them.
