When you should not accept the inheritance
April 11, 2020

The universality principle of succession means that the inheritance can be accepted or rejected only in its entirety. Heirs often do not know about it, and it is often misleading that you can choose what to inherit - debts or property.

The main advice to the heir is to find out everything about the affairs of the testator, his or her rights and obligations.

In practice, debts are quite difficult to determine. It is one thing if the heirs lived in the same apartment with the testator and were aware of his or her affairs. They can also audit his documents and find contracts, receipts, and so on. If the heirs did not live with the testator and did not know about his transactions - everything would be more complicated.

If the heirs are not aware of the testator's affairs, a notary can inform them of the claims of creditors, because the notary accepts them. This is established by the letter of the Federal Notary Chamber dated May 23, 2013 No. 1164 / 06-09. In addition, a notary can help track down an inheritance. He has the right to send requests to various organizations (Federal Service for State Registration, Cadastre and Cartography, etc.) whether the testator has property. It does not violate notarial secrecy, but, on the contrary, it is the responsibility of a notary, who should help applicants in the exercise of their rights.

As a result of such "intelligence", you need to compare debts with property and decide whether to accept the inheritance or not.

The heir should not be afraid that he or she has to pay off loans from their pocket: debts are repaid only within the inheritance received. At the same time, if the debts turn out to be greater, this could threaten endless litigation and legal costs.

Rizvan Fazdalov
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