You will need
  • - an application to the court;
  • - the documents confirming debts of the testator.
Instruction
1
If the person owed is dead, you have the right to file a statement of claim in arbitration court and to show remaining debt to the heirswho accepted the estate of the testator. In addition to the application, show the court the credit agreement, the debtovuu a receipt or financial requirements, if the debt arose in connection with non-payment of taxes, fees or administrative fines.
2
On the basis of a court order, you will receive a writ of execution. Liability for its repayment will be borne by all the heirs according to the shares in which they received the property. This means that if the heir received the property at 100 thousand rubles, and the debt of the testator is equal to 200 thousand rubles, to recover, you can only 100 thousand, the rest of debtand you have to forgive.
3
Until the acceptance of inheritance and its transfer to the heirs can not be produced earlier than required by law 6 months from the date of the testator's death, you may pay the claim on the executor or on the property. This means that the statement of claim to the arbitration court for you to have, but to answer for the debt, and will't specific heirs who have received nothing, bailiffs arrested the very property belonging to the debtor.
4
Any heir has the right to take her share of the estate, or abandon it in favor of other heirs or to the common benefit of all the heirs of the testator. In this case refused their share of the heir is not involved in the repayment of the debts not paid by the testator. The other heirs divide the debtand equally and in accordance with that portion of the property which they inherited.
5
The heirs accepting the estate, according to article No. 1156 in the order of transmission can only answer for the debtof am of the testator has left property, and not have to answer for the debtof am, from whom they passed this law. This means that if the grandson inherited the estate of the grandmother, because his father died before the inheritance, he will be responsible to pay for the debtand her grandmother, but shall not be obligated to pay the debtam a father, if he has not got personal property.