The death of a loved one is a difficult period for each of us. The last thing we would like to know about at this time is that we have been left with debts that we have to pay back.
We often find out about debts after the fact and we are obliged to pay – USD 1,000, USD 5,000 and even USD 20,000. Who inherits debts from the deceased? Can I give up my inheritance? You can read about all this in the post below.
Inheritance of statutory debts
If the deceased person did not write the will or all heirs did not accept it, statutory inheritance takes place . The order in which inheritance occurs (including debt) is regulated by the Civil Code. The inheritance is passed on to others, if someone from a given level of inheritance has rejected it. Inheritance of inheritance occurs in the following order:
- The husband or wife of the heirs and their children – inheritance is equally the same, however, the spouse can not get less than ¼. Illegitimate children also belong to the first inheritance group.
- Grandchildren – if the inheritance has been rejected by the persons described above, it passes to the grandchildren of the heir.
- Mom and dad of the heir – if the deceased had no children, the inheritance is inherited: half of the spouse, and the remainder the parents of the heir.
- Brother or sister – if the parents of the heirs are dead or have not accepted the inheritance, he or she passes to the heirs’ siblings.
- The nephew of the heirs – children of the deceased’s siblings may also inherit the estate if the persons before them are dead or have renounced their estate.
- Grandmother and grandfather of the heir – if the deceased had no spouse, children, siblings, the inheritance goes to grandparents. The value of the inheritance is divided into four grandparents and each one receives ¼.
- The state – if everyone has renounced the inheritance, everything that went with it goes to the Treasury.
Testament debts inheritance
Many people write a will so that after their death everything we possess is inherited by the person named in this letter. They are usually the closest relatives (children or grandchildren).
Thanks to a will, a long inheritance process can be avoided after death. It should be remembered that the person who is mentioned in the will as the one who should inherit everything can also take on the debts of the deceased person.
Did the deceased have debts?
Increasingly, we meet with the fact that after some time from the funeral of a loved one, we get letters from the bank about an unpaid credit or loan. At this point, people try to find out where the debts came from and why they fell on them. The order of inheritance is described above, and what value it has for a long time is not so easy to determine. The debt does not have to relate to liabilities incurred in banking or non-bank institutions, it can also be: an unpaid electricity, gas, water bill.
An even bigger problem is when the deceased ran the business and no invoices were paid. In this case and described earlier, before accepting the inheritance it is worth finding out whether the deceased had debts. We can do this in several ways:
- ask the deceased’s family or friends (it is best to find out from the immediate surroundings of the deceased whether he / she had any loans, credits or bills to be paid);
- application to court (we can ask the court or bailiff for a list of all the deceased’s assets);
- view the documents on your own (we can also view the bills and documents of the deceased ourselves to find out if there are any debts);
The last situation, which is difficult to get an answer, is a letter to the debtors’ databases. We describe the inheritance situation in it, providing the death certificate and a request to receive an answer to how many loans or credits the deceased person has. This element is heavy because we can receive information that only the person who has already accepted the inheritance is responsible for obtaining all necessary information about the deceased’s credit history.
How to avoid inheriting debts?
The size of debts is often impossible to get before accepting the inheritance. Hardly anyone would like to inherit the proverbial “pig in a poke”.
Therefore, it is worth being sure that what we inherit from the deceased will not be such a high debt that will exceed the value of the entire inheritance. There are several ways to reject an inheritance that you need to know – all of them are described below.Rejection of inheritance – how to do it?
The most important thing
you need to know is that you have 6 months to decline an inheritance from the date of death. The only way to do this is to go to a civil court or notary. If you do this, the inheritance will no longer apply to you and it will pass to the next people. The documents that are necessary to reject an inheritance are: your ID card, information about who is the next heir after you, the death certificate of the deceased. To obtain a copy of the death certificate, you must go to the Registry Office in your city. This service is paid extra!
Acceptance of an inheritance with the benefit of inventory means that you are ready to pay off the debt, but only up to the amount the value of the inventory was written. This means that if you accept the inheritance of the inventory, where there will be only debts for outstanding loans or credits, then in reality you do not have to pay anything.