When some property is transferred to a person under a will, he hopes to make a profit, but when inheriting the debts of the deceased on a loan, the opposite situation may arise. Often, taking over the former owner's property also includes debts that need to be paid off. Of course, in terms of the obligations of the heir, there are certain restrictions, which we will discuss later. Are loan debts inherited? What amounts can the bank require?
Paying debts
Many people mistakenly believe that an inheritance does not oblige them to repay loan debts. The law in this regard says that repayment of obligations is necessary. Simultaneously with the inheritance share in the property, a person acquires the obligation to repay debts.
Let's say the testator took out loans from banks, but did not have time to pay them off in full. Since the funds must be returned, this should be done by the heirs. Please note that the method of inheritance or family ties do not play any role. Therefore, to the question of whether the debt is transferred, the answer is yes.
There is another typical situation when people act incorrectly. When a testator dies, applicants for his property do not go to a notary to draw up the necessary papers. However, at this time they use the property of the deceased, which is equivalent to accepting an inheritance. This means that the payment of debts automatically falls on their shoulders.
Important! Paying debts is the responsibility of all heirs. If there are several of them, then the amount is divided among everyone, taking into account their shares. In this case, the market value at the time of the owner’s death is used to determine a specific figure.
It is also necessary to say a few words about the extent to which the bank has the right to collect funds from the heirs. If a debt has been transferred that is greater than the market price of the acquired property, then the required amount cannot exceed the value of the share of all heirs. For example, my daughter inherited an apartment whose market price is 500 thousand rubles. The loan debt of the deceased is 650 thousand rubles. Based on this, we conclude that the bank can demand no more than 500 thousand rubles from its daughter.
Among other things, we note that the financial institution has the right to demand payment only of the loan amount recorded on the date of death of the testator. If any fines, etc., were accrued after this, then they are not subject to repayment. Quite often, searching for heirs takes some time, and therefore the bank wants to recover as much money as possible.
Be careful when dealing with banks regarding debt repayments. There were situations when the institution deliberately waited for some time and then put forward its demands on the heirs. If a bank unlawfully demands to pay a fine, then this is a direct violation of the law and allows you to justifiably go to court. Only the credit is transferred, but not the penalty.
Features of inheritance
- Persons under 18 years of age should not take care of debt repayment;
- children under 14 years of age cannot accept property at will;
- After 14 years of age, individuals have the right to see a lawyer.
For the reason stated earlier, minor heirs do not pay debts on their own. This should be done by their parents or guardians. If the child has not yet reached the age of 14, then all actions will be carried out for them by the parent, including writing a statement to a notary, putting their signatures on other documents, etc. After 14 years, you can make decisions on your own. However, all official transactions involve parents or representatives, who must give consent to a particular action of the minor.
Thus, we can conclude that until a certain age, minors do not pay off debts, and all decisions are made for them by their parents. Upon reaching 14 years of age, the child’s word already has weight.
The law provides for certain periods during which the bank has the right to make any demands. Thus, from the moment of inheritance, financial institutions have 3 years to collect loan debts. It should be understood that consent to accept property under a will means that the person is notified of debts and agrees to pay them off. If a person does not want to do this and will not repay the loan, then he must renounce the inheritance in writing.
Acceptance of an inheritance means agreement with the obligation to pay debts. There are several types of debt:
- debts associated with the death of a person;
- loan debts.
The first point concerns all the costs that went towards the funeral, etc. As for the second point, this includes loan debts, which we talked about in the article. It is quite unpleasant when the presence of loan debt becomes news, which is reported by a notary. However, the heirs must decide whether it is more profitable to pay off debts and take ownership or refuse the inheritance.
Ways to reduce your debt burden
As we have already been able to find out, entering into an inheritance includes the obligation to repay loan debts. Ownership rights to the property are transferred along with the obligations of the previous owners. However, there are certain ways that you can reduce the amount of payments or get rid of them completely.
First of all, you need to find out whether the loan was insured. Some borrowers deliberately insure their loans in the event of their death. This saves future heirs from having to pay off debts, which can be quite significant.
Quite often, the bank makes demands for payment of not only the loan, but also penalties. Are fines transferred with loan debts to the heir? There is no need to worry, because along with the inheritance, the obligation to repay exclusively the loan debt passes. All other demands of the bank are illegal, as we already mentioned earlier.
The surest way to avoid paying debts is to refuse an inheritance. If the loan debt is equal to or exceeds the value of the property, then there is no point in preparing documents. It is much easier to issue a refusal, after which the bank will independently resolve issues with debt repayment.
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Receiving an inheritance does not always mean acquiring the property of the deceased free of charge. Along with the assets, financial liabilities also pass to the successors. The liability of heirs for the debts of the testator is determined by civil law and is limited to the limits of the inheritance mass. When entering into an inheritance, you need to take into account that this can result in large debts for the heirs, which each of them must repay jointly.
Inheritance for the deceased
Inheritance, according to Art. 1110 of the Civil Code of the Russian Federation, occurs in the order of universal succession - the entire inheritance passes to the successors unchanged.
By virtue of Art. 1112 of the Civil Code, the inheritance mass is considered not only the things of the deceased, but also his property rights and obligations. This means that successors may inherit a deceased relative's debts, such as a bank loan, or inherit a mortgage encumbrance if the mortgagee dies.
The only thing that successors do not have the right to claim are rights and obligations inseparable from the personality of the deceased (alimony, moral damage), as well as non-property rights and intangible benefits.
Hereditary mass, according to Art. 1113 of the Civil Code, is formed at the time of the death of the testator - it includes all things, rights and obligations that were accumulated by the deceased at the time of death.
The consequence of death is the opening of an inheritance. It, according to Art. 1115 of the Civil Code, opens at the last place of residence of the deceased or the location of his property.
The list of successors is formed based on the grounds of inheritance, as well as the presence of a will. However, individuals may be disinherited if they commit the actions specified in Art. 1117 Civil Code.
Inheritance by law
In cases where the deceased did not leave a will, the mechanism of inheritance by law is automatically activated. The volume of the inheritance mass does not depend on it - it only affects the list of successors.
According to Art. 1141 of the Civil Code, succession on the basis of law provides for compliance with the order of inheritance.
Art. 1142-1145 and 1148 of the Civil Code define 8 lines of inheritance, representatives of each of which can receive their part of the inheritance only in the absence of representatives of previous lines.
The composition of the queues is formed on the basis of the degree of relationship, which, according to Art. 1145 of the Civil Code, is determined by the degree of births separating the successors from the deceased.
If the collateral property after the death of the borrower was acquired by several successors, the mortgage obligations are transferred to them to the extent that they acquired the property, in proportion to the shares received.
If the property is indivisible, they become joint mortgagors.
Acceptance of inheritance mass
Rights to the estate do not automatically pass to successors. According to Art. 1152 of the Civil Code, in order to acquire it, the heir must accept the inheritance. He can do this in only two ways: by submitting an application to a notary or by performing actions that record - taking possession or taking measures to protect things, paying debts, incurring maintenance costs, etc.
In case of inheritance of property that is subject to registration and re-registration, you cannot do without contacting a notary’s office. Regardless of the method of acceptance, according to Art. 1154 of the Civil Code, this must be done within six months after the death of the deceased.
The law allows for the possibility of accepting an inheritance after the expiration of the specified periods, but this requires the consent of the remaining heirs or a court decision.
Inheritance is not an obligation, but a right of the successor. If he does not want to do this or the estate includes unwanted obligations, Art. 1157 of the Civil Code gives him the right to refuse inheritance.
Inheritance of debts
As already mentioned, the estate of the deceased includes not only the things and rights belonging to him, but also his property obligations. According to Art. 418 of the Civil Code, they can terminate with the death of the testator only in cases where these obligations are inextricably linked with the personality of the deceased and cannot be fulfilled without his participation.
Property obligations are usually not of a personal nature (except for alimony, compensation for harm), therefore, as in the context of the established Art. 1175 of the Civil Code of the Russian Federation, heirs who accept the inheritance are liable for the debts of the testator. At the same time, they have a joint and several debt, the creditor can demand the fulfillment of which from all heirs at once.
This significantly limits the rights of the successor when repaying the debt: he does not have the right to refuse to fulfill obligations to creditors, citing only the presence of other heirs.
Inheritance loan
To answer the question of whether loan debts are inherited, you first need to clarify the nature of the obligation created. Since credit debt is not personal in nature and may well be repaid in the absence of the deceased, it passes to the heirs in the manner of universal succession. However, only in the case of receiving an inheritance - if you refuse it, the transfer of loan obligations does not occur.
When accepting an inheritance with debts, you need to take into account that it is not the obligation under the loan agreement that changes, but only the party to the agreement. Therefore, the borrower’s heirs bear obligations under the loan both in terms of the debt itself and in terms of interest and other penalties accrued for late payment.
But from the moment of the death of the testator and before entering into the inheritance, a change in the obligation of such a person is impossible, therefore interest, like other sanctions, cannot be calculated. In any case, this issue is controversial and requires separate consideration.
Inheritance of a secured loan
The question of whether the heirs are obligated to pay the deceased’s loans requires special attention if the fulfillment of these obligations is secured by additional legal measures - a pledge, surety or additional insurance.
When acquiring collateral property by inheritance, the successors have the right to repay the debt themselves or through the sale (or transfer to the creditor) of the collateral property, to repay the debt at the expense of which the creditor has a priority right.
It will be possible to fully take possession of such property only after all issues with the credit institution have been resolved.
As for the inheritance of credit obligations secured by a guarantee, things are more complicated.
Based on Art. 363 of the Civil Code, the obligations of the guarantor to the creditor arise only if the debtor at the time of death did not fulfill the obligations or performed them improperly.
In this case, the successors who inherited the loan will become joint and several debtors together with the guarantor.
If the property obligation is fulfilled by the guarantor, then, in accordance with Art. 365 of the Civil Code, acquires the rights of a creditor, allowing him to demand compensation for losses from the heirs who entered into the inheritance.
However, the most controversial issue is the availability of insurance, which is often a mandatory requirement when applying for large loans. In general cases, such insurance is issued in the event of the death of the debtor, and upon its occurrence obliges the insurer to repay the debt on the terms under which it is stipulated in the contract.
This usually removes the responsibility of the heirs to repay the debt. But, again, everything depends on the terms of the insurance contract and the insured events specified in it.
So, if the death of the testator occurred due to a reason that is not an insured event, then even if the loan is insured, the heirs must still pay it.
What penalties does the bank have no right to?
Successors to whom property obligations have been transferred are often interested in the issue of accrual of fines and penalties for late payments incurred in the six-month period after the death of the debtor, but before the transfer of his obligations by inheritance.
The essence of fines and penalties is liability for violation of the terms of the obligation. Since successors become a party to the loan agreement only after assuming the rights of inheritance, any sanctions can be applied to them only from the moment of receipt. Thus, the accrual of penalties and fines until this point will be unfounded.
At the same time, if they took place before the death of the testator and were not repaid by him, after the death of the pensioner, the heirs must pay his loan along with such penalties and fines.
Loan repayment procedure
Since in the case of inheritance the transfer of debt occurs according to law, the successors become a party to the obligation and repay the loan in the same manner as the testator.
In cases where the value of the inherited property is equal to or less than the amount of the debt, the bank can take all the property included in the inheritance to pay off the debt. In such cases, there is simply no point in accepting an inheritance.
Other monetary debts by inheritance
Not only credit debts, but also other monetary debts that arose in the context of the testator’s contractual relations are inherited, for example, on the basis of a receipt.
Debts can also arise on the basis of oral agreements, but in this case the claimant will have problems proving the fact of the debt.
In addition, tax debts that arose before the death of the testator, but were not closed, are subject to repayment.
Inheritance of utility debts
Utility payments are among the obligations arising on the basis of contractual relations, therefore, when the deceased inherits an estate, utility debts pass to the successors. Thus, by paying off the testator’s debts, the heirs will have to pay utility debts.
The basis for the transfer of debts is the fact of acceptance of the inheritance, regardless of who lived in the inherited living space or whether they lived at all.
The resulting debt for utility bills falls not on the one who inherited the property, but on all heirs in the aggregate.
Transfer of debts to minor successors
Minor heirs inherit the property of the deceased on equal rights with the other heirs. In the context of this, many are interested in the question of whether debts are inherited by children. Yes, after all, minor heirs inherit on a general basis, therefore the debts of the deceased are transferred to them in a general manner.
Another question is how to pay off transferred debt if an adult has no income. On the one hand, according to Part 3 of Art. 28 of the Civil Code, property liability for transactions of minors is borne by their parents and guardians. On the other hand, according to the explanation of the Supreme Court, debt collection from minors is possible only within the framework of inherited property, and only if it is sufficient for repayment.
Since the decision to accept an inheritance in favor of a minor child is made by his legal representatives, they must understand that if they intend to preserve the property of their wards, they will have to pay off the debt.
Limitation periods for debts of testators
The deadlines for creditors to present claims against the debtor's heirs are determined by Part 3 of Art. 1175 of the Civil Code, according to which they are general, are within the limitation period and amount to 3 years.
This period is not interrupted or suspended by the death of the debtor, either automatically or by a court decision.
Scope of debt liability of successors
According to Part 1 of Art. 1175 of the Civil Code, successors are jointly and severally liable for the debts of the deceased. In accordance with Art. 323 of the Civil Code, joint liability of heirs allows creditors to demand repayment of debt both from everyone together and from a specific successor. Having not received full satisfaction of obligations from one of the heirs, he has the right to demand it from any other.
Regardless of who fulfills the obligation assigned to the successors, such fulfillment exempts everyone else from it. The heir who repaid the debt, in accordance with Art. 325 of the Civil Code, has the right to make a recourse claim against the rest, minus its share.
Debt collection options
As a general rule, creditors, within the limitation period, make claims against the heirs of the deceased debtor. However, before the latter enter into inheritance rights, the testator's creditors may present their claims to or directly to the inherited property.
The latter option does not speed up the case, but only allows meeting deadlines: in this case, the court, according to Art. 1175 of the Civil Code, will suspend consideration until the successors exercise inheritance rights.
Limits of liability of heirs
Despite joint liability, the personal property liability of each of the successors is limited to certain limits. Thus, each of the heirs is liable for the debts of the testator to the extent of the value of the share that they received.
Thus, even if the heir has single-handedly accepted all the inherited property, and the debt exceeds its appraised value, it cannot be repaid in larger amounts than this very value, confirmed by the appraiser.
Obligations are implemented in a similar way within the framework of joint and several liability. Therefore, before paying inherited debts, the heir must determine the value of the property received.
Rights to claim debts from inheritance
Inheritance includes rights, including the right to claim debts against third parties. By inheriting such rights, successors, as in the legal relationship described above, replace a party to the contract, but become not debtors, but creditors.
If the right of claim passes through universal succession to several heirs, they receive the rights to claim payment of debts to the extent that they received a share in the inheritance.
In this case, the exchange of shares of the inheritance between the heirs by agreement may change the distribution of claims.
In what cases is it impossible to transfer debts to heirs?
The transfer of property obligations through succession is often too burdensome for heirs. Even if the amount of debt is less than the value of the estate, its acceptance creates many problems for the heirs.
In the context of this, the relatives of the deceased are wondering how the heir can avoid paying the loan, but at the same time leave the inheritance for themselves. These are mutually exclusive concepts, and it is impossible to do so. However, there are a number of cases when the transfer of property obligations can be avoided.
Refusal of inheritance
The first and most reliable way to evade paying a loan for a deceased person is to refuse to receive an inheritance. This right is enshrined in Art. 1157 of the Civil Code, based on which, heirs who abandon the inheritance mass do not bear the burden of responsibility for the debts of the testator.
Such a refusal can be made both in favor of other heirs specified in Art. 1158 of the Civil Code, and without such an indication. It must be completed within six months from the date of death of a relative by submitting a corresponding application to a notary.
It is impossible to refuse part of the inheritance, to do so under conditions or with reservations.
Refusal is possible even after acceptance of the inheritance, but before the expiration of the six-month period, or after its expiration, if the reasons for omission are recognized by the court as valid.
Debts associated with the person of the deceased
Among the property obligations of the testator, the legislator identifies debts that cannot pass to the heirs. Among them, according to Art. 1112 of the Civil Code, those obligations that are inextricably linked with the personality of the deceased, for example, alimony debts, compensation for harm to life and health, and so on.
At the same time, in accordance with Art. 418 of the Civil Code, obligations will not be inherited not only if they are inextricably linked with the personality of the deceased, but also if they cannot be fulfilled without his personal participation.
When debts are greater than inheritance
Sometimes the amount of debt exceeds the value of the inheritance. In such cases, accepting an inheritance is unprofitable.
Nevertheless, the heir, by virtue of Art. 1175 of the Civil Code, is not obliged to repay the debt in full - he is liable for the debts of the deceased only to the extent of the value of the inheritance. By accepting it, he is obliged to pay off debts in an amount equal to the value of the inheritance.
Such steps are relevant only in cases where the inherited property is of great non-property value to the successors. In other cases, it is advisable to refuse to accept it.
When there is no inheritance
When answering the question of who pays the loan after the death of the borrower, if there is no inheritance, one must take into account that in the absence of the latter, succession does not occur. In this case, there is no transfer of debt, and, consequently, no replacement of the party to the obligation.
In this case, the rule provided for in Art. 418 of the Civil Code - the obligation terminates due to the death of a citizen. Then no one receives the obligation to repay the loan.
Lawyer. Candidate of Legal Sciences. In 2007 she graduated from National Research Tomsk State University. In 2013 she received a degree from the Kyiv Faculty of Law. Head of the legal consulting department of a consulting agency. I specialize in family and inheritance law.
It is unlikely that a person takes out a loan, secretly planning to die and not repay. But sometimes this happens - life is over, but loan obligations continue. It turns out that death is not a valid reason for non-payment of a loan. If not the deceased borrower, then his living heirs will have to pay.
A loan by inheritance can be an unpleasant surprise for heirs who expected to receive an apartment, car or dacha, but did not at all expect to repay their testator’s loans.
What to do in such a situation? It is worth weighing the “pros” and “cons” of the inheritance, and then making a final decision - to enter or refuse.
Inheritance of loan obligations
There is good news for the heirs. The obligation to repay the testator's debt falls on the heir only within the limits of the inherited property received by him.
For example, after the death of his father, the son inherited a car worth 500 thousand rubles and a loan in the amount of 2 million rubles. His duty is to repay part of the debt corresponding to the value of the inherited property received. That is, out of 2 million, the son must give only 500 thousand.
If there are several heirs, the obligation to repay the debt falls on them in proportion to their shares in the inheritance.
For example, if one son inherited a car worth 500 thousand, and the second son inherited a dacha worth 1.5 million, the 2 million debt will be repaid through the joint efforts of the sons. Only one son will pay ¼ of the debt, and the second will pay the remaining ¾ of the debt.
However, the bank has the right to demand fulfillment of obligations not only in parts from each heir, but also in whole from one of the heirs. Of course, within the limits of the value of the inherited property received by them.
For example, if four sons inherited a house that was purchased by the testator on credit, then each of them is responsible for repaying the loan.
By the way, if the loan was taken out on the security of property (a car loan or a mortgage loan), not only the debt, but also the collateral goes to the heirs. In most cases, this makes the task of paying off the debt much easier. As a last resort, the collateral can be sold to pay off the debt. But it rarely goes to such an extreme, because the creditor, that is, the bank, has the priority right to repay the debt against the collateral. Most likely, the heir will be left without debt and without property. One way or another, the heir will have to resolve the problematic issue with the bank.
Inheritance of a loan by minors
It often happens that minors (children, grandchildren, nephews) become heirs. And the debts of the testator pass to them in the same way as the property. Will they really pay off the debt? Instead, this will be done by legal representatives - parents, guardians, trustees. They have the right to accept an inheritance on behalf of a minor (up to 14 years old) or give consent to inheritance by minors (from 14 to 18 years old).
Refusal of inheritance is possible only with the permission of the guardianship and trusteeship authority. In this case, the ratio of the size of the debt and the value of the property that the minor receives as an inheritance is taken into account.
Heir or trustee?
What to do if the loan was taken out with the involvement of third parties - guarantors? Do they have an obligation to repay the debt after the death of the borrower, or do these obligations fall entirely on the heirs?
This situation is very ambiguous and therefore often causes controversy. The answer to the question whether the debt was paid in good faith or with violations may be decisive. If the debt was paid in the manner established by the loan agreement, the likelihood of attracting guarantors is extremely low - the obligation to pay the debt will completely pass to the heirs. If problems arose with payments, up to the point of making a decision to involve the guarantor in paying off the debt, most likely he will have to bear part of the debt obligations.
What should a guarantor do if the borrower dies? He can pay off the loan and then go to court to collect the amount of debt from the heirs.
Fine and penalty
It happens that the heirs know nothing about the existence of the loan and their new loan obligations. Meanwhile, the loan debt increases due to fines and penalties for late payments.
Are the actions of a bank legal when it imposes sanctions that increase the amount of debt? Or can he only demand payment of the principal amount of the debt, without fines or penalties?
Unfortunately, the legislation does not regulate this controversial issue. In judicial practice one can find examples when the accrual of fines and penalties was recognized as legal, but there are many opposite examples when the application of fines and penalties was not allowed.
The fact is that when inheriting a loan, the terms of the loan agreement remain in force. Only one party changes - the borrower (instead of the testator, the heir becomes the heir). This means that all the terms of the contract to which the testator agreed remain in force for the heir. In particular, the conditions for charging fines and penalties for late payment. Another thing is that the heir will be held liable for violation of these conditions only from the moment he received the certificate of inheritance.
Credit and life insurance
Life insurance when taking out a loan is a very common practice, especially if we are talking about a significant loan amount. According to the terms of the borrower's life insurance contract, the insurance company undertakes to pay the bank a certain amount of money. Most often, this amount completely covers the loan debt. Therefore, the heirs of the deceased borrower are exempt from paying the debt in his place.
The only condition is that the death of the borrower must be recognized as an insured event. If the borrower died for another reason that is specified in the insurance contract (for example, due to a chronic disease that he did not disclose when concluding the contract), there is no need to rely on the insurance company.
Search for heirs
Getting rid of credit is not that easy. It doesn’t matter whether the heirs are hiding or are in the dark about the credit debt. The bank can easily find information about death, opening of inheritance, and heirs. The bank can apply directly to the notary in charge of the inheritance case, or it can file a claim in court.
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.
It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
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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 their share of the inherited property.
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, various situations arise in practice. 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:
- Ignorance by the heirs of whether debts are inherited or not will not exempt them from paying them.
- Along with the right to the testator's property, the testator's debt obligations are transferred to the heirs.
- If the deceased turns out to be a debtor, you need to think about how to avoid paying other people's debt obligations .
- 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.
- 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, 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. But there are several nuances:
- The heirs are liable for debts in an amount not exceeding the amount of property received as an inheritance.
- 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.
There is a rule according to which the relatives of the deceased are not obliged to repay the loan in his place if they are not connected by relevant legal relations. The obligation to pay the debts of the deceased falls on relatives if they enter into inheritance rights.
A comprehensive answer to this question is clearly stated in Art. 1175 of the Civil Code of the Russian Federation. According to the current law, the debt will have to be repaid. Relatives who inherit property not only receive certain rights, but also take responsibility for paying off all loans of the testator. The death of the borrower is not a reason for terminating debt obligations, since the debt automatically passes to his heirs. In such cases, neither the degree of relationship nor the grounds on which the person received the inheritance (by law or by will) matter.
The heir is obliged to pay the debt on the testator's loans, regardless of whether he contacted a notary regarding the receipt of inherited property or actually entered into inheritance rights. All citizens who have assumed the rights and obligations of an inheritance are obliged to pay the loans of the deceased. Payments to repay debts are made taking into account the market value of the received property on the day of death of the debtor.
To obtain detailed information about the requirements that the bank has the right to make to heirs, you must carefully watch this video. Here you can find answers to many questions related to the inheritance of a borrower's debts.
Do minor heirs pay debts?
When an inheritance is received by individuals who are under 14 years of age, legal representatives act on their behalf. The interests of minor heirs are represented by their parents, appointed trustees or guardians. If the heir is already 14 years old, then he has the right to independently apply for an inheritance. But until the minor reaches the age of eighteen, he must obtain the consent of his legal representatives.
If property is inherited by a minor heir, then his representatives are responsible for fulfilling debt obligations to repay loans. Parents and guardians representing the interests of their ward can waive the right of inheritance on his behalf only after receiving documented consent from the guardianship and trusteeship authorities.
What liability does the heirs have for the debts of the testator?
All citizens who received the property of the testator are responsible for paying off the debts of the deceased borrower. Each heir is required to pay. It does not matter on what grounds (by way of representation, in accordance with a will or in accordance with the law) he entered into inheritance rights.
In the case where one person receives inherited property, there are practically no controversial situations. But if several individuals enter into inheritance rights, then many questions immediately arise related to the repayment of loan debts.
There are several main points regarding the amount of responsibility of each heir for the debts of the deceased:
- a citizen, in general or in fact, enters into inheritance rights;
- all individuals who accepted the inheritance jointly and severally undertake debt obligations to repay the testator’s loans;
- liability for the debts of the deceased borrower is limited to the limits of the share of property accepted by each heir;
- a citizen who has independently fully repaid the loan debt of the deceased may claim the debt by way of recourse from the remaining heirs;
- in the event that the amount of the debt is higher than the amount of the inheritance received, the heirs are not required to pay for the debt with their own property.
According to the law, in the case of joint liability, the bank that provided the loan to the testator has the right to demand repayment of the debt both from one and simultaneously from all individuals who have entered into inheritance rights. The one to whom the creditors turned can subsequently claim the debt from other heirs in a regressive manner.
Citizens A. and S. inherited an apartment after the death of their mother. When the children entered into inheritance rights, the bank obliged them to pay off the debts of the deceased relative on the loan. The debt amounted to 1 million rubles. After the property was assessed by lawyers (the cost of the apartment was determined to be 1 million rubles), they demanded 500 thousand rubles from each heir.
If the amount of debt on the borrower's loan exceeded the value of the property and amounted to, for example, 5 million rubles, then, according to the law, creditors would not be able to claim payments in excess of 1 million rubles. In this case, the court will recover only a certain amount from the citizens who received the inheritance, and lenders do not have the right to demand repayment of the debt by selling the residential premises.
What is the procedure for satisfying creditors' claims?
The legislation of the Russian Federation does not provide a specific list of rules according to which all claims of lenders are satisfied.
Typically, requirements are satisfied in the following order:
- First, all expenses directly related to the burial and burial of the deceased testator are reimbursed. The list of expenses includes the cost of pre-mortem treatment and medications, as well as funeral home, wake and burial fees;
- Then the money spent on protecting the inherited property (for example, notary services, state duty) is collected;
- Next on the list are the costs associated with executing the will of a deceased citizen;
- Further, any other requirements of creditors are fulfilled.
Information for your information
An individual who receives an inheritance receives the right to withdraw funds from the bank accounts of the deceased testator within 6 months in order to pay the costs of his burial and installation of a monument.
What does the procedure for submitting a claim by creditors look like?
Lenders have the right to demand payment of loan debt from the date of death of the borrower. To make claims on property before the heirs take possession of their rights, the creditor must apply with a corresponding application to the notary who will register this document.
There are rules for filing such a claim:
- This document must be presented no later than 6 months from the date of opening of the inheritance;
- filing a claim does not depend on the maturity of debt obligations;
- The total period for filing claims by lenders is 3 years.
Attention!
Having registered a creditor's claim, the notary is obliged to contact the citizens who inherited the property to notify them of existing loan debts.
