Legal Encyclopedia. Letter O

Liability for the debts of the testator

- Are the heirs accepted the inheritance.

A. Principles heirs by DN are as follows:

1) for the debts of the testator are responsible only heirs accept the inheritance;

2) The heirs are responsible for these debts only up to the value passed to each of these assets;

3) The heirs are responsible for the debts of the testator jointly.

Joint and several liability is expressed in the fact that the lender has the right to demand performance both from all the heirs together, and on any of them individually, and as a whole or in a part of the debt. Creditors of the testator is entitled to submit a claim to the warriors heirs accepted the inheritance within the statute of limitations established for the respective requirements. The limitation period is not subject to interruption, suspension or recovery.

Prior to the adoption of the inheritance creditors' claims may be presented to the executor of the will or to the estate. In the latter case, the court shall suspend the proceedings pending the inheritance heirs or transition heirless property in the order of succession to the Russian Federation.

According to para. 2, Art. 1175 of the Civil Code the heir accepted the inheritance by way of hereditary transmission, responds to the value of the inherited property for the debts of the testator, which is property owned by, and is not responsible for the debts of the property heir, from whom it passed to the right to accept the inheritance.