What debts are inherited? Inheritance of debts: conditions and features. After this he can act in two ways

There are two types of obligations. Some are inherited (for example, debts arising from civil contracts). Others cease to operate upon death individual(for example, alimony obligations). The heirs are jointly liable for the debts of the testator. This means that creditors can make claims against one debtor or against all of them at once. The heir is liable only to the extent of his accepted share. And if the creditors' claims significantly exceed the value of the inherited property, then the heir is not liable with his own property, and the obligation is terminated. The loan obligation also passes to the heirs. It is necessary to study the loan agreement as closely as possible, as it may contain nuances (for example, various security measures). Before accepting an inheritance, you need to find out everything about the debts of the testator. If the amount of debt exceeds the value of the inherited property, then it may be necessary to refuse the inheritance.

Are debts inherited?

According to the legislation of the Russian Federation, two types of debts can be distinguished:

• First view not transmitted by inheritance. It includes personal obligations that cease with the death of an individual. For example, if a citizen under a contract was supposed to write a literary work, died and did not write it, then in this case the heirs are not obliged to fulfill the obligations under the author's contract. This type of debt includes alimony obligations, obligations under an agency agreement, and so on.
• Second type of obligations transmitted by inheritance. This volume of debts includes obligations that, one way or another, do not belong to the first type. These are obligations arising from various civil contracts. This volume also includes interest for late payments and penalties that are accrued at the time of death of the deceased citizen.

Attention

The same situation applies to tax debts on the property of the deceased. By general rule, the accrual of taxes ceases with the death of an individual, however, if there are tax arrears, the heir who accepted the property obliged to pay the debt.

Hereditary transmission

Sometimes in practice there is such a phenomenon as hereditary transmission(transfer of the right to accept inheritance). She does not incur the formation of new debts by inheritance.

This happens because the right to accept an inheritance in the manner of hereditary transmission does not form an inheritance opened after the death of such an heir - the subsequent heir ( transmitter) does not have time to accept the inheritance before his death, and it, including debts, passes to his own heir (to the transmitter).

When a transmitter exercises his inheritance rights, he is liable, within the limits of the value of this inherited property, for the debts of the testator to whom this property belonged, but is not liable with this property for the debts of the heir from whom the right to accept the inheritance was transferred to him.

Let us consider this complex definition of hereditary transmission using a specific example from judicial practice.

After his death, citizen Prokhorov A. bequeathed a residential building to his brother Prokhorov N. Not having time to accept the property, Prokhorov N. died and, by way of hereditary transmission, the property (residential building) was transferred to Prokhorov N.’s son Oleg. Along with this property, Oleg also received the inheritance directly from N. Prokhorov (car and garage).

Thus, he will be liable for the debts of his uncle Prokhorov A. within the limits of the value of the inherited residential building, and for the debts of Prokhorov N.’s father on a general basis.

Scope of responsibility of heirs for the debts of the testator

Responsibility for the debts of the testator is borne all heirs regardless of how they accepted the inheritance (by will, by law, by way of presentation, and so on).

If the property is inherited by one heir, then no controversial issues arise. If there are several heirs, then questions arise: how, in what order and to what extent they are required to bear responsibility. There are several points that relate to the scope of responsibility of heirs for debts:

• The heir must directly accept the inheritance (in general procedure or actual acceptance).
• The heirs are jointly and severally liable for obligations.
• Heirs are liable for the debts of the testator only within the accepted share.
• If one of the heirs pays the debt in full on his own, then he has a recourse to reclaim the debt from the other heirs.
• If the amount of debt exceeds the amount of inherited property, then heirs are not responsible for their own property.

Joint and several liability means that creditors have the right to appeal to all heirs at the same time, or to just one. If a creditor turns to one debtor, then this debtor can subsequently make claims against the others by way of recourse.

After the death of the mother, property (living premises) passed to her two children, citizens G. and T. After accepting the inheritance, the bank presented a debt on the mother’s loan to the heirs in the amount of 1,000,000 million rubles. The residential premises were assessed in court at 1,000,000 million rubles. Thus, 500,000 thousand rubles were recovered from the heirs.

If the amount of debt exceeded the cost of the residential premises, and amounted to, for example, 3,000,000 million rubles, then the bank could not claim more than 1,000,000 million rubles.

In this example, the court has the right to recover only a certain amount. But do not oblige to repay the debt by.

Procedure for satisfying creditors' claims

In the legislation of the Russian Federation there is no strict list according to which all claims of creditors during inheritance are satisfied. The following can be highlighted procedure for satisfying creditors' claims:

1. First of all, the expenses associated with the burial of the deceased citizen are satisfied (payment medicines, payment for pre-mortem treatment, payment for funerals, memorial services, payment of expenses associated with burial).
2. Next, expenses associated with the protection of the inherited mass of property are reimbursed (state fee to a notary).
3. Next on the list are the costs of executing the will (costs for the executor, etc.)
4. Other requirements of creditors.

Information

The heir has the right to withdraw money within 6 months, if it is available in bank accounts, and use it for various expenses related to the burial of the deceased (costs for a decent funeral, installation of a monument, etc.).

The procedure for submitting claims by creditors

Creditors have the right to demand payment of debts from the moment of death of an individual. Before accepting the inheritance, the creditor has the right to make a claim against the property. The requirement is presented in writing to the notary. The notary is required to register this claim.

The submitted document means that the heir has unfulfilled obligations, and the heirs are obliged to pay them after accepting the inheritance. The claim must be submitted taking into account the following peculiarities:

• The claim must be made no later than 6 months from the date of opening of the inheritance.
• The claim is filed regardless of whether the obligation has become due or not.
• The total period for filing claims by creditors is equal to the general limitation period (3 years).

Attention

After filing a claim, the notary must notify the heirs of the debts they have. The notary is also obliged to explain the procedure for paying debts to creditors.

Credit debts by inheritance

It must be remembered that according to the Constitution of the Russian Federation, all citizens have rights and bear responsibilities. This rule also applies to inheritance relations. Credit debts are inherited, as are contractual obligations.

Credit debts inherited may have some nuances when repaying a debt obligation. These features look like this:

• The bank has the right, if there are several heirs, to present its claims to any heir or to all of them at once.
• If the bank makes claims on one heir, and his property is not enough to satisfy the claims, then the bank makes claims on other heirs.
• The heir to whom the bank has turned to satisfy his claims may, by way of recourse, make claims against other heirs.
• If the inherited property is not enough to pay off the debt, then it is still considered fulfilled and actually ceases to have effect.

The heirs accept the requirements under the agreement in the form that were presented to the testator himself. Thus, the bank does not have the right to change the terms of the agreement unilaterally.

A loan agreement may have security measures: pledge, surety, life insurance. Let's consider how these interim measures can be included in a loan agreement.

FYI

If the interim measure is pledge, for example, an apartment is under a mortgage, then all these encumbrances are passed on by inheritance. That is, this apartment will be pledged to the bank and the heirs will not be able to dispose of it in full.

An interim measure such as surety has several features:

• It is necessary to look at what conditions are specified in the loan agreement; if the guarantor undertakes only for one person - the borrower, then with the death of the person the guarantor's obligations cease.
• If the terms of the agreement indicate that the guarantor ensures the repayment of the debt by any recipients, then his obligation will be terminated only after the debt is paid. If the funds provided by the heirs are not enough, then the collection will be directed to the guarantor.

There may be cases when the loan agreement includes a provision for life insurance. In this case, the heirs need to carefully read these conditions and find out whether their situation is suitable for the insured event.

Payment of penalties and interest for overdue loans

Heirs do not always have the opportunity to quickly find out about the existing loans of a deceased relative. Meanwhile, banks freely charge interest on overdue obligations. Then the heirs naturally face the question: are they obliged to pay these penalties, penalties, etc.

Interest for late repayment of debt under a loan agreement, cannot be accrued from the moment of death individual. But this is not always true, and judicial practice refutes this norm.

It is better to negotiate personally with the bank. Perhaps he will give in to some demands, and you will come to a consensus.

The bank filed a lawsuit against the heirs under an overdue loan agreement. In the first instance, the court made a decision to recover from the defendant-heirs an amount that includes: the principal debt, interest for the use of funds, and interest for improper fulfillment of obligations from the moment the obligation arose until the court decision was made.

The court considered the arguments of the heirs, which related to the fact that interest under the agreement cannot be accrued after the death of the testator, to be untenable. The appellate and cassation instances left the decision unchanged.

Debts for an apartment by inheritance

As practice shows, together with inherited property ( residential building, apartment) debts are transferred, including debts for utility bills. The heir must understand that if he accepted the inheritance, then he obliged to pay for the debts incurred.

If, for example, a citizen did not pay for an apartment during his life, then after death his heirs (daughter, husband, etc.) are obliged to pay all existing debts for this apartment, even if neither the heirs nor the testators lived there. There is no such thing as reducing the debt for an apartment that is inherited, and there are no grounds on which this debt can be reduced.

How to refuse debts transferred by inheritance

Heirs do not always have the opportunity to know exactly what debts the testator has. Moreover, creditors do not always quickly let you know about the presence of debts. And some of the creditors are deliberately delaying this process.

Before accepting an inheritance, it is necessary to find out about all the debts that an individual may have at the time of death. It should be remembered that the maximum amount of debt is limited to the accepted property. Do not forget that the creditor may present his claims after a long period of time.

To get out of debt you need the following:

• Refuse inheritance. It is necessary to accept the inheritance within 6 months from the date of opening of the inheritance. During this period, you can also refuse the inheritance. The refusal can be made in favor of a person or several persons. If a citizen refuses an inheritance, then it will be impossible to return it back.
• Don't accept inheritance. In order not to accept the inheritance, you do not need to do anything. Subsequently, you can try to restore rights to it.

How can you find out about the debts of the testator?

Creditors, as stated above, are required to file a claim with a notary. Thus, you can learn about debts directly from him. True, creditors can immediately file a claim in court.

Knowledge of the testator's debts may influence the decision to accept an inheritance. If the debt exceeds the value of the property, then it is better to refuse such an inheritance.

The testator Vorobiev P. took out a bank loan in the amount of 4,000,000 million rubles. Some time later he fell ill and died suddenly. After his death, he left the following inheritance: a residential building (1,000,000 million rubles), a car (1,500,000 million rubles), a barn (500,000 thousand rubles).

The inheritance was distributed as follows: the residential building went to Vorobyov’s son V., the car and barn went to Vorobyov’s wife E.

Thus, if the bank finds out about the acceptance of the inheritance and puts forward its demands, then perhaps the loan amount may exceed the amount of 4,000,000 million rubles of inherited property (taking into account late payments, interest for improper execution of the contract). The creditor has the right to file a claim before the statute of limitations expires, which is three years.

For some, the topic of inheritance is associated with sadness, for others - with the pleasant receipt of property, but it is always associated with the acquisition of something as property. And not everyone knows that you can inherit not only money and real estate, but also debts. When this is notified to a person who has recently learned of the receipt of property, it can be a shock to him. But do you really need to worry? Is this a terrible event or a minor detail? It all depends on several factors: the amount of debt, the value of the inheritance left, the ratio of the above amounts, as well as the extent to which the heir relied on the property and funds received.

What debts are inherited?

Since the practice of issuing loans is now very common, after the death of a relative, you can easily be left with his debts. But you shouldn’t be afraid of this prospect: they have no right to take more from the heir than was transferred to him from the debtor. Therefore, he pays the debts of the deceased only with his money, without investing his own. Even if the successor is a large entrepreneur and he has the opportunity to pay the full amount, he is not obliged to do so.

Obligations that should automatically be transferred to the heirs are any officially documented debts. This list includes:

• rent arrears accrued before death or during the period after the opening of the inheritance;
• loans from third parties, if they have a receipt;
• debts of the deceased testator for taxes and fees;
• payments and fines on loans and microloans;
• installment purchases not paid off at the time of death;
• any material debt not paid on time, which is confirmed by relevant documents.

Criminal liability cannot be transferred to others. For example, if the deceased at one time caused harm to the health of another person, for which he was obliged to pay compensation, then this does not apply to the heir. There is also no need to perform duties that were directly related to the participation of the testator.

Who is obliged to pay the testator's debt and when?

Obviously, there is usually no information about debts either in the will or in any accompanying papers. About loans and, especially, fines, it becomes known only if the debtor has died. When the deceased’s papers do not contain information about debts or the relatives did not bother to study them, then the responsibility of the heirs for the debts of the testator will come as a surprise to them. Moreover, they may be notified in a few months.

Typically, the situation develops in three possible directions.

1. If the deceased was a conscientious borrower (or payer) and made payments on time, then he will be missed within a month as soon as the first delay appears. Then there is a chance to find out about debts even before. This is an advantage, since some heirs prefer to completely refuse such a dubious proposal.
2. If a person already had a debt that arose relatively recently, then relatives will probably find out about it in the very first days. The bank or collectors will constantly call or even visit the deceased’s home in person to collect the required amount.
3. If creditors have already despaired of getting at least some money from the testator, then they call and write extremely rarely. In such a situation, the inheritance of the debt will become known only after entering into the inheritance.

There is no exact answer to the question of when to pay off a debt. At least, this is not done before the official inheritance. To begin with, the heir must formally become the owner of the property left behind, and also be notified that he also has a debt under the inheritance received. During this period, creditors may repeatedly submit applications to the court or simply to a notary, trying to write off the money directly. But they are refused: the heir will pay the bills.

However, after the successor has accepted the inheritance and has received notice of the debt, payment must be made as quickly as possible. If this is not done, creditors go to court, where an exact repayment date is set. The obligation is the same as if the person owed it himself: deadlines are set for him, and if he fails to pay, a penalty is charged. If the stated time is exceeded, the property may be seized.

Nevertheless everything scary stories the idea that after a person’s death his relatives will pay his loans is exaggerated. Just like that, from own pocket, you do not need to pay either husband or wife, father, mother, or other relative. These responsibilities can only be assigned to the one who received the property by inheritance. And the maximum amount that they have the right to take from him is the equivalent of what he received. Any demands to pay more are a violation of the law.

The penalty is not commensurate with the fines on the loan. If the debt grows, it will grow very slowly. This doesn't mean you have to split payments for the rest of your life. But the heir may spend months or even years making small payments to pay off the debt. And the bailiffs will not be able to declare him a malicious defaulter.

Who pays if there are several heirs?

It is believed that if there are many successors, they should be equally responsible for paying off the debt associated with the inheritance. However, there is no clear indication of this in the legislation. The obligation of payments itself is regulated by Article 1175 of the Civil Code. The concept of joint and several liability is applied. The creditor decides which of them to demand its execution from.

If a person does not pay for some reason, then an attempt is made to claim funds from the next heir, and so on. This is regulated by Art. 323 Civil Code. Despite the obligations, payments from inherited property can be delayed in the same way as usual.

In any case, until the required amount is paid, the debt will hang on all heirs.

There is no automatic write-off of received property for debts, but it may short term be under arrest. This will make it impossible to sell it. But in judicial practice there are almost no cases where inherited housing would be confiscated for debts. This is possible if the apartment was collateral when taking out a loan. In other situations, the heirs can accept and receive the inheritance, and then live in the seized housing for years. If they also regularly pay at least some amount of debt, then it will be difficult to recognize them as malicious defaulters.

Debts can also be transferred by . The one who in this case is responsible for paying them contributes money only for the person who left him the property. This is regulated by clause 2 of Art. 1175 Civil Code. The debt obligations of the relative through whom the transmission was transferred to him cannot be repaid from these funds.

Is it possible to reduce the amount or refuse to pay?

In most cases, nothing can be done about the debt. If a person receives an inheritance, obligations must be paid off. But in some situations you can make some changes.

Inheritance and debts: possibility of refusal

First of all, you need to compare the total amount of the will with the amount of debt. If there is nothing left of the property when expenses are covered, registration is obviously unprofitable. Although it is unlikely that you will have to overpay, the person will need to go through all the manipulations with collecting documents. And this sometimes drags on and always costs money. On at this stage Can:

• and not formalize it;
• not express a desire to receive it, that is, not carry out the acceptance procedure.

In the second case, the inheritance will automatically go to the next applicant in line. Difficulties are possible only for those people who are entitled to an obligatory share: they will not be allowed to refuse. But without an acceptance procedure, it is also impossible to force an inheritance on them. Solution: simply do not react in any way to the opportunity to obtain property.

Interest, fines, penalties

As for the amount of the debt itself, any accruals on it made after the day the inheritance was opened must be written off. It happens that the bank or other organization where the loan was taken out finds out about it several weeks or even months later and during this time they manage to charge him extra interest and fines. They are in no hurry to write them off.

If you have to pay inherited debts, first of all you need to:

• compare payment schedules;
• request access to detailed accrual information;
• draw a conclusion whether they have counted (and continue to count) too much;
• if this happens, request a recalculation, and only after that pay off the debt.

These rules apply to the debts of the deceased. Do not forget that they will then be transferred to the person who received the property. If it is divided among several people, for example, a parent, a spouse and a brother, then the obligations will be transferred to everyone at once. And from this moment on, there may still be accruals, but from bailiffs, and only if the debts are not repaid on time.

Huge interest and fines cannot be charged here - only penalties. Thus, the heir can reduce the debt by writing off the excess premium on it. But if he subsequently greatly delays the return process, the amount will increase again, only not at such a high speed.

How to refuse payment?

From the point of view of the law, if the deceased left behind both debts and property, then the debt must be repaid to the extent possible. There are no concessions here. However, there is the concept of a statute of limitations, regulated by Chapter 12 of the Civil Code of the Russian Federation. If the set time has expired, the debt is in most cases cancelled. How can an heir apply this rule to his advantage? This is difficult to implement; for example, some people deliberately delay the time frame for taking ownership of the property.

But you shouldn’t do such things at random. If you want to avoid paying your debt, you should first visit a lawyer, at least free admission, and show him all the documents relating to inheritance and debt. After studying them, he will tell you whether it is possible to get rid of the obligation under the statute of limitations, and if so, how best to do it.

It is impossible to generalize information and apply it to any debt.

1. Despite the general statute of limitations, measured at three years, in certain cases a special statute is assigned, which may be longer or shorter.
2. The countdown begins only after the trial, and only under certain conditions, which not everyone has the opportunity to comply with.
3. In 3 years, bailiffs and collectors can get so tired that it will be easier for the heir to pay off debts than to hide from them and quarrel with them.

It is better to first contact a lawyer, jointly assess the current circumstances and ways out of them, and only then make such decisions.

Unfortunately, human life is not eternal. In old age, all people die. Some die early and unexpectedly. Death forgives a person everything... except debts. They, in turn, pass to his heirs. You can waive the heir's debts only by completely renouncing the inheritance.

In the vast majority of cases human death does not terminate his debt obligations. The only exceptions are legal obligations related directly to the deceased (this is discussed in Article 418 of the Civil Code of the Russian Federation). Such debts include, for example, alimony and personal non-property rights.

Based on Article 1175 of the Civil Code of the Russian Federation, all other debts, together with inherited property, are transferred to future heirs.

An heir can receive an inheritance in two ways: by will and by law. However, for the transfer of debts, the method of obtaining a will does not play any role - they pass to the testator in any case.

Carrying debts include:

• Debts to banks and credit organizations;
• Debts to third parties;
• Other types of debt obligations (for example, rent).

In what case are the debts of the testator transferred to the heir? In the event that he enters into inheritance rights. All debts existing at the time of death automatically pass to him.

The procedure for transferring debts to heirs is determined by Article 1175 of the Civil Code Russian Federation. However, not all debt obligations are inherited and the heirs do not always pay them. How and in what cases this happens, we will understand further.

Inheritance debt and minor heir

According to the law of the Russian Federation, a minor can be a participant in inheritance processes if: the deceased bequeathed his property to him and if the property of the deceased is transferred to him by law.

If the deceased independently wrote a will in favor of a minor, in the course of accepting the inheritance, he also receives the debts of the testator.

In the case when the inheritance is accepted by a minor, the procedure for entering into it has certain nuances and specifics:

• On behalf of the child, his parents, guardians or trustees enter into the inheritance. That is, the legal representatives of the child;
• Before a minor reaches the age of 14, an application for inheritance is submitted by his legal representatives;
• When a minor reaches the age of 14 to 18, he submits an application for inheritance himself. However, he needs parental consent.

The method by which a minor accepts an inheritance is of great importance. The child has the right to accept the inheritance independently, if it was actually accepted. For example, if the deceased owned residential premises in which a minor heir currently lives. This is a legal fact of acceptance of inheritance.

Based on this, a minor may accept an inheritance in some cases without a statement from his official representatives. For example, such as the one shown above.

It is worth remembering that if the deceased had several heirs and there is or is not a dispute between them, it is worth reporting this fact to the guardianship and trusteeship authorities.

Should the heir pay the debts in full?

According to the legislation of the Russian Federation, the heir pays the debts of the deceased only within the framework of the received property. What does this mean? In the case where a deceased person left an inheritance, for example, an old Lada and half a million in debt, the heir who became the owner will pay the debtors only the amount at which the car will be valued.

There are far fewer problems if the transferable debt is secured by collateral. For example, a mortgage or car loan. In this case, the heir will receive a pledge along with the debt. By agreement with the bank, the pledge can be sold by the heir in favor of repaying the loan debt.

Based on Article 323 of the Civil Code of the Russian Federation, in cases where there are several heirs, the debt of the deceased is evenly distributed among all. However, the point taken into account is that the amount of the repaid debt cannot exceed the value of the property received by the person.

When is an heir not obligated to pay the debts of the deceased?

Of course, the most reliable way not to pay other people's debts is to renounce property. It should be remembered that this can only be done within six months. It should also be clarified that it is impossible to partially refuse the inheritance or accept it partially. You can either completely abandon it (and then you won’t have to pay the debts of the deceased), or take full rights as a testator. However, there is no need to rush into resolving this important issue. This process is not reversible. (That is, you cannot refuse an inheritance today, and three months later come and say that you are ready to accept it).

In cases where the deceased had life insurance (the bank must provide it for long-term lending, for example, a mortgage), the heir’s debts are paid insurance organization. Almost always, the loan debt is fully repaid by the insurance company, with the exception of some pre-agreed cases. These include: suicide, death due to alcohol or drug intoxication, and death due to AIDS.

In addition, it is possible to avoid paying the debts of the deceased in the case where there are several heirs, and the debt is directly related to a specific subject of inheritance. For example, the deceased bequeathed an apartment to one person, and a car loan for which was not fully repaid to another. In this case, the debt that the heir has is paid only by the person who received the property with the debt. That is, the heir to the car. The person who inherited the apartment will have nothing to do with this debt. In turn, the person who inherited the car will have nothing to do with the debts associated with the apartment.

How to refuse inheritance of debts?

The only legal way to refuse to inherit the debts of a deceased person is to refuse all inherited property.

You can refuse an inheritance within 6 months (during the period possible for accepting an inheritance). If a person has actually already entered into an inheritance, then it will be possible to refuse it only in court.

If the heir is a minor, then to refuse the inheritance it is necessary to obtain the consent of the guardianship and trusteeship authorities.

Before entering into an inheritance, it is necessary to clarify the following:

1. Find out about all the debts and credit debts the deceased has;
2. Assess the size of the existing debt and the value of the inherited property. Decide how much the amount of debt is proportional to the value of the inherited property.

Receipt of an inheritance may be overshadowed by the transfer along with it to the heirs of the testator's debt obligations. According to current legislation, they are transferred as part of the general inherited property. Responsibility of heirs for the debts of the testator regulated. The law does not clearly define debt. Its composition is determined by various articles of the Civil Code of the Russian Federation. These include such as 809, 818, 831, 916 and 1018. Debt can be understood as debt obligations, the meaning of which is discussed in the articles of the Civil Code of the Russian Federation: 561, 656, 203, 323 and 415. You can understand what debts are inherited by reading all the articles of the Civil Code, which include the concept and definition of debt obligations.

Responsibility for paying debts of the testator comes to the heirs at the time of their . It also applies to minor heirs, the responsibility for making decisions for whom is assigned to their guardians. Debt obligations may include outstanding debts on a bank loan, loans from other creditors, obligations to pay rent, debts on utility bills and housing and communal services. The heirs do not pay the debts of the testator, which are associated with his payments during his lifetime, which are of a personal nature. Such debt obligations include alimony that could be paid during the life of the testator to his children.

All personal debt obligations lapse immediately upon the death of the payor.

Fulfillment of obligations under the debts of the testator

Citizens are guaranteed to receive an inheritance. includes the debts of the testator in the inheritance and determines the procedure for the heirs to enter into their inheritance rights. You can join them after assuming the debt obligations of the testator. Having declared their rights to the inheritance, the heirs begin to bear subsidiary liability for the debts of the testator within the limits of the amount of the share of the inherited property due to them.

Creditors can present their claims not only to all heirs, but also to one of them. If there are no heirs, their rights and obligations pass to the state. The subsidiary liability of heirs, in addition to Article 1175 of the Civil Code of the Russian Federation, is devoted to .

An heir who has unilaterally repaid the debts of the testator may exercise the right of recourse. This means that he can demand repayment of the amount of the testator's debt paid by him from other heirs who inherited his property.

Repayment procedure inheritance debt may be voluntary or forced by a court decision. The debt recovery process does not open if the creditor and the heir are the same person. Heirs who, during the period of conducting the inheritance case, decided to renounce the inheritance , exempt from payments on the debt obligations of the testator.

In the process of inheriting property, in practice there arise various situations. the transmission order of inheritance is determined. It provides a method for transferring property and debt obligations in cases where the heir dies before assuming his rights. In such cases, the debt obligations of the deceased are not transferred to his heirs along with the right to a share in the inheritance of the first testator.

Deadlines for filing claims for debts

Debt obligations presented to heirs who received them upon entering into inheritance rights have a limited period of fulfillment by current legislation. It cannot be interrupted, suspended or restored. Currently, creditors can present their claims to heirs within the limits 3 years. This limit is currently established for the limitation period by civil law. The term is calculated from the date of death of the testator, and not from the date of expiration of debt obligations.

At the end of such a period, creditors do not have the right to present their claims to the heirs for compensation of the testator’s debt obligations. Unpaid amounts of debt obligations are written off by creditors for own losses.

Actions of a notary to secure debt obligations

The legislation has assigned the notary the responsibility of ensuring the safety of inherited property. After his death, the debtor's creditors turn to him with a written statement. Their claims are directed at the property of the testator. Such an application must be submitted within 6 months since his death.

The notary does not have the right to independently satisfy any requirements. According to current legislation, his powers include only registering creditors’ applications and notifying heirs of debts.

Debt obligations can be voluntarily repaid with part of the inherited property. If the heirs refuse to repay them, the notary draws up an inventory of the inherited property in two copies. One copy of the inventory act is handed over to the creditor for filing a lawsuit. All issues related to debt obligations are considered by courts of general jurisdiction.

Conclusion

When entering into inheritance rights, the heir should remember:

1. Ignorance by the heirs of whether debts are inherited or not will not exempt them from paying them.
2. Along with the right to the testator's property, the testator's debt obligations are transferred to the heirs.
3. If the deceased turns out to be a debtor, you need to think about how to avoid paying other people's debt obligations .
4. When entering into ownership of property encumbered with debt obligations, you need to remember that it relieves the heir of the obligation to pay the debt by inheritance.
5. The period for claims by creditors is limited 3 years. Creditors who miss this deadline for collecting debt claims write off these obligations as their losses.

The most popular questions and answers 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, I argue this with what I have most of apartment and must pay for everything himself. Is this true?

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. But there are several nuances:

1. The heirs are liable for debts in an amount not exceeding the amount of property received as an inheritance.
2. If one of the heirs repays the debt in full, then all other heirs are released from the debts of the testator. But in this case, the heir who fulfilled the joint and several obligation has the right of regressive claim against the remaining heirs in equal shares, minus his own share of the debt.

From our article you will learn whether loan debts are inherited, what to do with them, what is the statute of limitations for these debts, whether minor heirs must pay the testator’s loan debts, and we will also consider the procedure for paying off debts on secured loans.

When entering into an inheritance, the heirs of the deceased sometimes do not even realize that their testator owes the bank a certain amount of money on a loan. And they can find out about this when they start receiving letters and calls from the bank or collection agencies demanding to repay the debt.

The reaction of the heirs to this news may be different. This may be indignation over the fact that the heir did not take any money from the bank, and therefore is not going to pay this debt. Or there may be a desire to quickly, without understanding, pay off the debt in order to avoid penalties.

Neither option is correct. We will explain why this is so below. In addition, let us clarify the question of what amounts of debt the bank does not have the right to demand.

To pay or not to pay the testator's loan debts

Article 1175 of the Civil Code of the Russian Federation answers this question unequivocally: you need to pay. The law provides that heirs, when receiving an inheritance, receive not only the testator's rights to the inherited property, but also his debt obligations. These obligations, including loan debts, do not terminate due to the death of the debtor. The debt of the deceased passes to his heirs regardless of the basis on which the inheritance was received: by will or by law. The degree of relationship also does not matter.

The heir may not contact the notary regarding the issue of accepting the inheritance, but at the same time use it as his own property, that is. And in this case, he is obliged to pay the testator’s debts on loans.

All heirs who accepted the inheritance must pay. Each of them must repay the debt within the value of the property received by inheritance. Taken into account market value on the day of death of the testator.

You can read about the procedure for inheriting the debts of a deceased testator.

When and to what extent does the bank have the right to demand that the heirs repay the testator’s debt on loans? You can find out the answers to this and other questions about inheriting a borrower's debts from this video.

Do minor heirs pay debts?

In the case of inheritance received by minor heirs who are under 14 years of age, the inheritance is accepted on their behalf by legal representatives: parents, guardians, trustees. After turning 14 years of age and up to 18 years of age, minors are given the right to apply for inheritance themselves, but the consent of their legal representatives is required.

Obligations to repay the loan in the event of inheritance by minors pass to their legal representatives.

And if in certain cases it is more expedient to refuse the inheritance, then the legal representatives can do this only with the consent of the guardianship and trusteeship authorities.

What amounts of debt does the bank not have the right to demand from heirs?

If the loan debt exceeds the value of the inheritance received, the amount of debt repayment should not exceed this value.

For example: After the death of his father, his son inherited a car worth 350 thousand rubles. At the same time, the testator’s debt on the loan is 420 thousand rubles. The bank has no right to demand that the son repay the loan in excess of 350 thousand rubles.

In addition, the heirs should be aware that only the loan amount that occurred at the time of the borrower’s death is subject to repayment. Penalties and fines accrued by the bank after his death, while the bank was looking for heirs and the heirs entered into the inheritance, are not subject to payment.

Some unscrupulous banks, having information about the death of the borrower, deliberately do not make demands on the heirs for repayment of the loan for a long time. At the same time, do not forget to apply penalties under the loan agreement and accrue interest. In this case, the heirs are not obliged to satisfy the demands of the credit institution to collect accrued interest and penalties.

Procedure for loan repayment by heirs

An heir who has accepted an inheritance that includes loan debts is obliged to repay these debts in accordance with the same conditions as the deceased borrower.

The heirs' obligation to pay loan debts arises after acceptance of the inheritance. You can familiarize yourself with the procedure for entering into inheritance according to the law.

Sometimes, with the consent of the bank, the heir decides to repay the entire amount of the debt at once. This decision is most often made by the heir when there is a small amount of debt. The bank agrees to such conditions if it does not incur material losses when repaying the loan early.

Limitation period for loan repayment by heirs

Having received loan debts along with the inheritance, the heir must pay attention to the following fact: when the testator made the last payment, repaying the loan. And in the event that this payment is made more than three years ago, the statute of limitations on the loan has expired. If a credit institution goes to court, the claim will most likely be rejected due to the expiration of the statute of limitations.

The rules on reinstatement, suspension and interruption do not apply to these periods.

If the bank has missed the statute of limitations, then the claims made by it after the expiration of the period will not be satisfied by the court.

Payment of debts on a secured loan

When issuing a loan to a borrower, banks require certain collateral from him in most cases. This includes insurance, collateral and surety.

The presence of an agreement on life and health insurance of the testator can significantly simplify the task of the heir in repaying the loan, but not in all cases, but only in insurance cases. Insured events are considered to be deaths that are specified in the insurance contract. In these cases, the insurance company ensures payment of loan debts. The heirs do not have to pay anything in this situation.

But the death of the borrower is not always recognized as an insured event. Death that occurs as a result of a chronic disease, the presence of which was not notified to the insurance company when drawing up the contract, as well as from HIV infection, suicide and a number of other reasons, is not recognized as an insured event.

One type of loan security is collateral. Most often, a real estate object (house, apartment and other objects) acts as collateral. This method of security is most widespread in cases of mortgage lending. The death of the borrower does not cancel the bank's right to the mortgaged property. This right is retained by the bank until the loan is paid in full by the heirs. Having entered into inheritance rights to the specified object, the heirs cannot dispose of it at their own discretion (for example, sell it). To do this, you must obtain the bank's consent.

A guarantee as a method of security is usually used when a bank issues a small loan amount. If there is a guarantor, the heirs pay off the debts of the deceased in the usual manner. The guarantor's obligations to repay the loan after the death of the borrower depend on what conditions regarding the guarantor are included in the loan agreement:

responsibility for repayment of the loan solely by the borrower;

responsibility for payment of debts by heirs.

In the first case, after the death of the testator, the duties of the guarantor cease. In the second case, the guarantor is responsible with his property if the inheritance is not enough to repay the loan debts.

Undoubtedly, loan debts that the testator had at the time of his death create certain problems for the heirs. To decide on the advisability of entering into such an inheritance, the heir must clarify the size of the inherited property and loan debts. By comparing these values, you can make a decision.