Are debts on loans of a deceased father inherited? If a person dies, who pays his loan? Do minor heirs pay debts?

Reading time: 10 minutes

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 hereditary mass is considered not only the things of the deceased, but also his property rights and responsibilities. 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 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, everything is 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 loan agreement only after entering into inheritance rights, 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 unreasonable.

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 Supreme Court, debt collection from minors is possible only within the framework of the 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 deadlines limitation period and are 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

By 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 their 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 by succession is often too burdensome for the 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.

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 specific problem, get legal advice on housing issues by hotline numbers:

Call and solve your questions right now - it's fast and free!

Responsibility for paying the 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:

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 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:

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.

My father recently died. He has 2 credits left. The bank says I now have to pay for it. Is this true?

Yes, unfortunately, this is true. According to our legislation, heirs receive not only some property of their deceased relative, but also his debts (Article 1112 of the Civil Code of the Russian Federation). However, not any debts are inherited, but only those that are inextricably linked with the personality of the testator (deceased). For example, alimony debts are not inherited, but debts under loan agreements are inherited. Article 1175 of the Civil Code of the Russian Federation also states that all existing heirs must repay debts jointly, but only in the amount of the inherited property.

If the inheritance contains more debts than assets, the heirs should consider not accepting the inheritance at all. In this case, they will not receive any property, but they are not required to cover the debts of the deceased.

If your relative has died, and you will be his heir by law or will, you will have to pay off his credit debts. We recommend doing the following to get started.

Try to collect as much information as possible about the debts that your relative may have:

make inquiries at management company about the presence of debts to pay for utility services;
check at last place the work of the deceased, whether any deductions were made from his salary in favor of the bailiffs;
carefully study all the documents of the deceased and see if there are any loan agreements, loan payment receipts, letters from the court, the bailiff service, or from debt collectors;
ask other relatives or close friends of the deceased about his problems with debts.

In addition, we recommend checking your relative in the Data Bank of Enforcement Proceedings of the Bailiff Service, as well as on the websites of the courts at the place of residence of the deceased. For example, if he lived in Vologda, check the website of the Vologda City Court and Justice of the Peace (the precinct can be determined by the address on the website of the State Autonomous Administration Justice). On the traffic police website, check administrative fines based on the license plate number of the deceased.

If you find any documents related to loans from your testator, including loan agreements, subpoenas, bailiff orders, your actions are as follows.

Check for loan insurance

Over the past few years, banks have been actively offering accident and illness insurance to their borrowers. In most cases, people are dissatisfied with imposed insurance, but sometimes such insurance comes in handy. Most often, borrowers are insured against the risks of death or disability as a result of illness or accident.

Pay attention to the text of the loan agreement (sometimes there is a clause on insurance), all appendices to it - insurance policies, reminders of the insured, insurance rules, etc. If there is insurance, you need to check what the borrower was insured against, what is considered an insured event, for how long the insurance was issued, and what to do if an insured event occurs.

If insurance is valid, you will need to contact the appropriate insurance company with an insurance claim. The list of documents for receiving insurance payment can be found in the insured person’s memo or insurance rules, on the insurance company’s website, or by calling the hotline.

The procedure and timing of receiving insurance payment depend on who is assigned beneficiary:

If beneficiary bank, the insurance company will transfer insurance payment in favor of the bank to repay the loan of a deceased borrower. The payment terms under this option usually do not depend on the date of inheritance. It may happen that the loan will be repaid in full due to the insurance, and you will not have to pay the next scheduled payments for the borrower;
If the beneficiary is the borrower himself or his heirs, then you will be able to receive the payment only after receiving a certificate of inheritance (that is, you will have to wait 6 months for entering into the inheritance). With this option, the heirs will need to continue making payments as scheduled. You can use the insurance payment received for any purpose, not necessarily to repay the loan.

Please note that if you timely apply for insurance benefits, and the insurance company unreasonably refuses or delays payment, you may be able to file a consumer protection claim in court. According to the court's decision, the insurance company will have to not only transfer the insurance amount, but also compensate you for all losses (for example, the amounts that you paid to the bank on the loan while waiting for payment), and compensate for moral damages. Also, for violation of the terms of insurance payment, you can demand interest for the use of other people’s in cash, and for failure to comply with a dispute over a claim - a fine under Part 6 of Article 13 of the Law “On the Protection of Consumer Rights”.

Contact your bank

We do not recommend that you “run” from the bank. IN as soon as possible submit a written statement to the bank that their borrower has died, attaching a copy of the death certificate to it. If you are the heir, you can immediately transfer the loan agreement to yourself so that there are no problems when repaying the loan. If you are missing any documents, ask the bank for a copy of the loan agreement, a certificate of debt on the loan, and a payment schedule.

According to the law, the bank will have to renew the agreement with you on the same terms that were specified in the loan agreement with the deceased borrower (that is, it cannot be increased interest rate, the loan term or payment amount has been changed without your consent). However, you can change the terms of the agreement by mutual agreement with the bank, for example, if you want to repay the loan faster and can make a larger monthly payment. You also have the right to repay the loan early (in whole or in part).

Interesting fact: if the loan agreement of your deceased relative contained illegal commissions (for issuing a loan, for maintaining a loan account, for servicing a loan, etc.) and during his lifetime he did not demand their return from the bank, after entering into an inheritance you will be able to demand the return of these commissions from the bank , including through the courts. We have positive judicial practice in such cases.

Unfinished litigation, enforcement proceedings

If you find in the documents of your deceased relative any court rulings, subpoenas, statements of claim or on the courts’ website they found current trials with his participation, we recommend sending a written message to the court in any form about the death of your relative. Please attach a copy of the death certificate to your message. Please note that in some cases the case will be completely dismissed if succession is not allowed. In other cases, the court will have to suspend the process until the heirs enter into the inheritance. After entering into inheritance, you will be able to participate in these processes, so if the cases cannot be terminated, we recommend that you familiarize yourself with such cases in advance and contact lawyers to resolve them.

The situation is similar with enforcement proceedings: depending on the nature of the debt, the bailiff can either suspend or completely stop enforcement proceedings, if such debt is not inherited. In any case, contact the bailiff service and provide them with information about the death of your testator.

Give information to the notary

Tell the notary who is handling the inheritance case all the information you know about the debts of the testator. Since debts are also included in the inheritance, the notary will have to indicate them in the certificates of inheritance. Also, if you are not the only heir, you will be able to share the debts of the deceased with other heirs, for example, by drawing up an agreement on the division of inherited property.

What to do with collectors?

If collectors call a deceased relative or receive letters from collectors at his address, you can inform them that the borrower has died and recommend that they file a lawsuit against his heirs or estate. Information on banning calls from debt collectors and filing complaints against them can be found in our article:

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 accepting final decision- join or refuse.

Inheritance of loan obligations

Eat good news for 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 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 (car loan or mortgage loan), not only the debt, but also the pledge passes 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, decide problematic issue the heir will have to deal 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 of age) or give consent to inheritance by minors (from 14 to 18 years of age).

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 You 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're talking about 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 sum 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, which is specified in insurance contract(for example, due to chronic disease, which he did not report when concluding the contract), one cannot count 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.

According to the Civil Code of the Russian Federation, credit debts of a deceased borrower are inherited. You can refuse to accept a credit debt by right of inheritance only officially, that is, within the established six-month period, you must renounce all property due to you by inheritance, including debts to banks.

If the heir is a minor, then the loan debts are transferred not to him, but to his parents or guardians. A minor can refuse to inherit only with the permission of the guardianship and trusteeship authorities.

It will not be possible to refuse to accept a debt by inheritance, but, for example, an apartment or land plot accept. Refusal of inheritance implies renunciation of all property of the deceased.

The debts of a deceased borrower are not always transferred to his relatives. It is very important whether the borrower was conscientious and paid the loan on time or not. If the borrower, before his death, did not make timely payments on the loan, and the loan was issued under a guarantee, then the lender will first of all ask the debt from the guarantor. But in this case, the guarantor can go to court with a demand to return the money (that is, to relieve him of responsibility for the debts of the deceased). Situations can be confusing, so the case often goes to court and a definite answer to the question “will the heir or the guarantor pay the credit debts?” no possibility.

Inheritance of loan obligations

As already mentioned, credit debts are inherited. If there are several heirs, then the amount of debt is divided between them in accordance with the shares in the inheritance of each of them. But we must remember that each of the heirs can waive the right of inheritance. In rare cases, the bank may require one of the heirs to pay off the loan debt, but only if the amount inherited by him exceeds the debt of the borrower.

If the borrower took out a loan secured by property, it is easier to solve the problem of paying off his debts: you need to sell the property and pay off the bank.

Inheritance of loans by minors

The debts and other property of the deceased also pass to the heir who has not reached the age of majority, but, naturally, such a person is not able to pay the debt to the bank, so his parents will deal with this. A child aged 14-18 years can become a direct heir to the property (including debt to the bank) of the deceased only with the consent of the parents or guardians.

A minor cannot refuse to accept an inheritance on his own or with the support of his parents, so to refuse he will have to contact the guardianship and trusteeship authorities and obtain their permission.

Credit and life insurance

Life insurance, of course, is a guarantee that the borrower’s debts will not be passed on to the heirs of his property. Life insurance is usually taken out on a mortgage or loan for a significant amount of money. There are cases when the insurance company refuses to pay the debts of the deceased; Such situations occur, for example, if the policyholder, at the time of signing the insurance contract, did not notify the insurance company of his illness (from which he later died). Insurance companies will refuse to pay compensation if the death of the policyholder was due to: alcoholism, AIDS, drug addiction, suicide. The insurance contract contains a clause that describes cases that are not covered by insurance.

How are heirs found?

Most often, heirs are the first to contact financial institution, where the deceased had outstanding debts, but there are exceptions, for example, the heirs refuse to pay the loan debt or do not know at all about their inheritance, then the bank has to put the heirs on the wanted list.

You need to understand that the bank is interested precisely in compensation for funds that the deceased borrower did not pay during his lifetime. You should not expect that if the borrower has mortgaged an apartment to the bank, the bank will begin to look for relatives to inform them about their rights to receive an inheritance: if the bank does not have any information about the heirs, then the bank’s claims can be made against the inherited property (apartment, car and etc.), that is, it will be in judicial procedure confiscated.

Is it possible to refuse inheritance of debts?

You can inherit an apartment, but you won’t be able to get rid of your credit debts. You can give up all the property of the deceased, but before taking this step, you need to weigh the benefits and costs. To formalize the waiver, you must contact a notary’s office within six months of the borrower’s death.

You can prevent the borrower's relatives from inheriting debts in advance; to do this, the latter needs to insure his life.

In what case is it impossible to refuse?

It will not be possible to waive the credit debts of the deceased, which are transferred by right of inheritance along with the rest of the property, if the heir wishes to receive the inherited property in part, that is, to accept the other property and renounce the debts.

It will also not be possible to renounce inherited property if the heir is under 14 years of age and permission to renounce is not issued by the guardianship and trusteeship authority.

How to protect yourself from inheriting debts?

Before accepting an inheritance, you need to check the credit history of the deceased for debts and the transfer of debts by inheritance, and also obtain information from the register of encumbrances. Checking the registry is possible when the case is at the stage of execution of a court decision or mortgage and pledge.

The main thing that the heir needs to do is compare the value of the inherited property with the amount of debt. Of course, if the apartment is valued at 1 million rubles, and the amount of debt is 0.5 million rubles, then there is no need to refuse the inheritance.

To summarize, we can say: if you become an heir to debts, you will not be required to pay them off for the rest of your life - simply renounce all property inherited by you within 6 months from the date of the debtor’s death.