The lawyer warned about the risk of being left without inheritance due to debts

Heirs are liable for the debts of the deceased only within the limits of the value of the property transferred to them. On May 24, the judicial representative, the head of Proyurist, Valeria Stalnova, told Izvestia about this.

"Article 1175 of the Civil Code of the Russian Federation limits the responsibility of the heir. Each of the heirs is responsible for the debts of the testator only within the limits of the value of the property transferred to him," she said.

Stalnova explained that along with the inheritance, not only the assets, but also the financial obligations of the deceased can pass. These include loans, mortgages, credit card debts, loans, receipts, and utility bills.

According to the lawyer, creditors cannot recover more from the heir than he received. For example, if the cost of an apartment is 3 million rubles, and the debt of the deceased is 7 million rubles, creditors have the right to claim only 3 million rubles. The personal property of the heir is not at risk.

Debt in a bag: Russia has increased control over inheritance registration

Heirs will be able to find out about the debts of the deceased even before accepting the inheritance.

The expert clarified that creditors most often turn to a notary themselves after the debtor's death. Starting in 2024, the notary is required to send a request to the Central Catalog of Credit Histories and notify heirs of credit debts. However, heirs can find out about debts on receipts after registration of the rights.

Stalnova added that it is possible to give up the inheritance completely or in favor of another person. It is impossible to accept only property without debts, since inheritance is considered a single complex. However, inaction does not always protect against obligations: if a person continues to live in the apartment of the deceased, pays debts or makes repairs, the court may recognize the actual acceptance of the inheritance.

Heirs are advised to contact a notary within six months of the death of the person whose property they received, check their credit history, court websites, and assess the market value of the inheritance. If the debts are equal to or exceed the value of the property, creditors can take all the inheritance received, but not the personal assets of the heir.

Expert of the NIFI project of the Ministry of Finance of Russia "My Finances.Russian Federation" Olga Daineko said on March 23 that the inheritance of securities is carried out either by will or by law in accordance with the established order. About the specifics of the inheritance of stocks and bonds. She also explained that if relatives do not know about the deceased's securities, the notary independently requests information from depositories, registrars and the Federal Tax Service (FTS).