The death of a citizen shall not entail termination of its obligations under most contracts. The exclusion of applicable law is made only for those relations of obligation the performance of which is inextricably linked to the identity of the creditor, the debtor. The loan agreement for this type of liabilities are not included, therefore, in the case of death of the debtor, the obligation remains in effect. But in the absence of direct connection with the relevant loan agreement (for example, participation as a guarantor) a relative of the deceased debtor will not have to repay any debts. A more complex situation arises when a relative takes in the inheritance of any property.
The only case in which a relative may be responsible for the payment of debts of the deceased borrower is the acceptance of the inheritance. This situation is regulated by article 1175 of the Civil code of the Russian Federation. If the estate passes to the relatives of the deceased by operation of law or by will, fail accepted and debts. While domestic legislation does not allow the adoption of the inheritance, therefore, consent to take any property after the testator's will entail a possible submission to the heir of the requirements for the obligations of the debtor.
Note that the acceptance of inheritance is a purely voluntary act, the need for which is determined by each heir on their own. If the relative does not enter into the inheritance and the other heirs do not exist, then the assets upon expiry of the statutory period becomes the property of the state, and obligations to creditors can be satisfied by its implementation. The same rule applies when acceptance of the inheritance, that is, a relative came into an inheritance can be held accountable only to the value of the property received. If there are several heirs, then to repay the debt may be required solely to the extent of the value of the received shares. The main problem which is not easy prior to the expiration of the inheritance, is to identify the existing commitments of the deceased, their size, names of creditors.
When responsibility for repayment rests with the family?
The only case in which a relative may be responsible for the payment of debts of the deceased borrower is the acceptance of the inheritance. This situation is regulated by article 1175 of the Civil code of the Russian Federation. If the estate passes to the relatives of the deceased by operation of law or by will, fail accepted and debts. While domestic legislation does not allow the adoption of the inheritance, therefore, consent to take any property after the testator's will entail a possible submission to the heir of the requirements for the obligations of the debtor.
What you should know accept the inheritance to the family?
Note that the acceptance of inheritance is a purely voluntary act, the need for which is determined by each heir on their own. If the relative does not enter into the inheritance and the other heirs do not exist, then the assets upon expiry of the statutory period becomes the property of the state, and obligations to creditors can be satisfied by its implementation. The same rule applies when acceptance of the inheritance, that is, a relative came into an inheritance can be held accountable only to the value of the property received. If there are several heirs, then to repay the debt may be required solely to the extent of the value of the received shares. The main problem which is not easy prior to the expiration of the inheritance, is to identify the existing commitments of the deceased, their size, names of creditors.
