Enforcement of the heir's debt from the inheritance


The right of the creditor is to pursue his claims against all the property that the debtor has (with the exceptions specified in the Code of Civil Procedure). The debtor's property will also include an inheritance, which means that the creditor can effectively recover the debts from it. Is it possible to start acting when the debtor has not yet received the inheritance due? Yes! Check how the execution of the heir's debt from inheritance looks like in practice.

Heirs debt enforcement when the debtor is entitled to an inheritance

The basis for the initiation of enforcement proceedings against the debtor is the writ of execution. In addition, when the creditor knows that the debtor is entitled to an inheritance that he has not yet received, he should submit an application to the bailiff to seize the debtor's right to demand the division of the inheritance.

As a result, it requests to "take" the debtor's place in the division of the estate. By receiving the right to a share of the property, he can get everything that would be owed to the debtor.

The deadline for requesting enforcement of a part of the estate of the debtor is 1 month from the division of the property by the court. After this date, all items included in the inheritance are free from seizure.

If the debtor inheritance receives real estate or a part of it, then, after the division of the estate, it is necessary to include information on the seizure in the land and mortgage register or a notice in the set of documents. The information is provided by the court which divides the property to the court having jurisdiction over the land and mortgage register.

Seizure of the right to divide transferred by the bailiff

If the heir - the debtor has a share in the estate, then the other heirs learn from the bailiff about the seizure of a part of it. Moreover, the bailiff informs them that from that moment on, the creditor has the right to submit a request for the division of the estate, as well as everything that would fall to the debtor as a result of the division - is subject to attachment.

As a rule, attachment takes place as soon as the other heirs are informed about it. If there are no such persons, then at the time of service on the debtor of the attachment notice.

Heirs debt enforcement when the debtor has left an inheritance

What if the debtor left the inheritance? In this case, the creditor also has the right to recover the amount due from him. While it is not important whether the heirs knew about the debt, it is important to note how they accepted the inheritance, because it depends on how much it will be settled. They have 3 options:

  • accepting the inheritance directly,

  • rejection of inheritance,

  • party with the benefits of inventory.

Accepting an inheritance outright is accepting an inheritance with unlimited liability for debts. This means that from then on, the heirs are responsible for the resulting debt - not only up to the amount of the inheritance received, but also with all their assets. The rejection of inheritance, on the other hand, means complete exclusion from inheritance and, as a result, exclusion from liability for debt.

The heir's rejection of the inheritance results in "shifting" it to the next generation line.
The inheritance accepted with the benefit of the inventory means that the heirs are not responsible for the entire debt left, but only up to the amount of the inheritance. It is important for creditors to avoid all debt being unlawfully enforced when the inheritance cannot cover it.