What to Do if You Inherit Debts Along with the Estate?

What to do if you inherit debts?

In Ukraine, inheritance includes not only assets but also the debts left by the deceased. These may include loans, alimony, court-ordered debts, or other obligations. Partial acceptance of inheritance is not possible: the heir inherits both rights and obligations belonging to the deceased, except for personal liabilities, such as debts for harm that cannot be transferred.

If the heir does not want or cannot pay the deceased’s debts, they have the right to refuse the inheritance. However, this decision must be made within six months from the moment of receiving the inheritance or learning about it. If the heir accepts the inheritance, the debts of the deceased must be paid only within the value of the inherited assets.

How to check for debts in the inheritance?

To check for debts left by the deceased, there are several sources you can use. Here’s what you need to do:

1. Check through registries: Ukraine has several registries where you can find information about debts, such as the debtor registry or the registry of court decisions.
2. Contact the Judiciary: Another important step is to approach the court to check for any court rulings regarding the deceased that may involve debts or obligations.
3. Contact the enforcement service: If there are enforcement proceedings, you can contact the enforcement service to get information about existing debts and unexecuted court rulings.

You can check for debts in the inheritance through the above-mentioned channels. At the same time, the heir is responsible for the debts only within the value of the inherited assets.

How do the deceased's debts affect you as an heir?

The heir is not responsible for the deceased's debts if the inherited assets do not cover all liabilities. However, it is important to remember that the creditor has the right to claim the debt from the heir within 6 months after learning about the acceptance of the inheritance.

Here are a few important points to consider:

• Debt repayment: Debts are paid only within the value of the inherited assets. If the assets do not cover the debt, the remaining liabilities remain unpaid.
• Time limits: The heir can be liable for debts if they do not refuse the inheritance within 6 months.
• The right to refuse: If you inherit debts, you have the right to refuse the inheritance, which will allow you to avoid responsibility for the deceased's debts.

What to do if the debts significantly exceed the inheritance?

If the debts significantly exceed the value of the inherited assets, the heir may face the problem of paying the remaining liabilities. In such a case, there are several options:

• Refuse the inheritance: The easiest and safest option is to refuse the inheritance, especially if the debts far exceed the assets.
• Attempt to resolve through court: If the debts can be challenged or reduced, you can approach the court to protect your rights and interests.

Why is it important to contact lawyers?

If you inherit debts and do not know how to act, it is important to consult with lawyers. Professionals will help you navigate the nuances of inheritance obligations and protect your rights.

Lawyers can assist with the following:

• Consultation on inheritance obligations: They will explain how to properly evaluate debts and assets, and what to do if the debts exceed the inheritance.
• Document preparation: They will assist with preparing the necessary documents to refuse inheritance or to defend against debts in court.
• Representation in court: If the debt issues require a legal proceeding, a lawyer will represent your interests in court, helping to resolve the situation effectively.

Questions - Answers

How can lawyers help when inheriting debts?

Legal consultation: Our lawyers will help you navigate the inheritance obligations and prepare the necessary documents.

Document preparation: We will assist in preparing documents to refuse inheritance or defend against debts.

Representation in court: Our lawyers are ready to represent your interests in court if the debts require legal resolution.