Debt collection from the heir

In this article, we'll explain step-by-step how to collect a debt if the debtor has died. There are several possible scenarios, and we'll discuss each one in this article.

At the creditor's there is no court decision on debt collection, and the heirs have not entered into the inheritance:

• It is necessary to establish the presence of property and potential heirs, and send them a pre-trial claim for the return of the debt for the deceased relative. In practice, it happens that heirs return money for such debts without going to court.
• File a claim to recover the debt from the inherited property. The court will suspend the proceedings until the heirs accept the inheritance. If no one accepts the inheritance, the court may order the sale of the property to pay off the debt. In this case, you will need to obtain a writ of execution and contact the Federal Bailiff Service.

The creditor does not have a court order to collect the debt, and the heirs have entered into the inheritance

• It is necessary to send a pre-trial claim to the heirs.
• File a debt collection claim directly with the heirs. Obtain a court decision and send the writ of execution to the Federal Bailiff Service. If there are multiple heirs, they will be jointly and severally liable.

The creditor has a court order to collect the debt:

• The bailiff conducting the enforcement proceedings submits a request to the notary and the registry office.
• If there are no heirs, or they have renounced the inheritance, the bailiff applies to the court for termination of enforcement proceedings due to the debtor's death (not to be confused with "termination" of enforcement proceedings).
• If there are heirs, the bailiff or creditor must apply to the court for procedural succession - the replacement of the deceased debtor with his heir.
• After receiving the court's decision, the bailiff issues a ruling on succession, replaces the debtor, and begins collecting money from the heir.

IMPORTANT:

• if the amount of the deceased debtor’s debt is, for example, 500 thousand rubles, and the property inherited is worth 300 thousand rubles, then the heir must pay the debts of the testator only within the limits of the inherited property accepted by him, that is, within the limits of 300 thousand rubles, by virtue of Article 1175 of the Civil Code of the Russian Federation;
• obligations arising from the personality of the debtor are not inherited (alimony, damage caused by a crime, etc. );
• debt arising from subsidiary liability is inherited.

Has your debtor died and you don't know what to do? Do you want to collect debts from the debtor's heirs? Is the bailiff inactive? Contact Pravo i Slovo – we can help!