Legal advice

A son of majority age has left among heirs after the death of my daughter. The estate she left consists of an apartment mortgaged in the bank and a bank account. Will my grandson have to pay off the mortgage if he accepts the inheritance?

11.03.2010 Dmitrijs Sustovs, head of the Litigation department of the Law

An estate is the whole, which comprises all immovable and movable property, as well as obligations owned by the deceased at the actual time of death. With the taking of the inheritance, together with the rights of the estate-leaver, also all his or her obligations, other than exclusively personal ones, shall devolve to the heir. 

The creditors of the estate-leaver, i.e. the bank in this particular case, shall address its claims to the heir, who shall pay the debts from his own property in case the estate does not suffice. Therefore, prior to expressing intent to accept an inheritance it is advisable to check carefully what really comprises the entirety of the property of the estate. 

It is to be mentioned that an heir may avoid the duties of being liable with his or her own property for the debts of the estate-leaver, if an heir makes use of the inventory right, i.e., makes an inventory of the whole inheritance within the time specified by law. Pursuant to Section 709 of the Civil law, an heir who intends to make use of the inventory right must apply to a notary, not later than two months from receipt of notice regarding the opening of succession, with a petition to charge a bailiff with the preparation of an inventory. An heir who has taken an inheritance with the right of inventory shall be liable for the debts of the estate-leaver and other claims against him or her only in the amount of such estate.

Recent News