How to avoid inheriting debts?

How Not to Inherit Debts?

Inheriting property can be a complex legal process that requires attention to detail and a clear understanding of the law. One of the most important issues that heirs face is the question of the deceased’s debts. According to the Civil Code of Ukraine, all debts of the deceased become part of the inheritance that the heirs are obligated to satisfy. This means that if you inherit property worth, say, 10,000 hryvnias, you must pay off the deceased's debts within this amount.

It is important to understand that heirs must notify creditors of the deceased's death within six months. If a creditor is not informed on time, you may not be required to pay the debt. However, if you accept an inheritance with debts, you will be responsible for them within the value of the property. Therefore, it is important to carefully consider whether to accept an inheritance if it includes debts.

How to Avoid Inheriting Debts?

There are several ways to avoid inheriting debts along with the inheritance. The most effective method is to refuse the inheritance in a timely manner, which will allow you to avoid responsibility for the deceased's debts. However, this process requires caution and knowledge of legal norms.

Refusing Inheritance: Key Rules

If you do not want to inherit debts, you must properly refuse the inheritance. According to Ukrainian law, heirs can refuse the inheritance within six months from the date the inheritance is opened. It is important to remember that the refusal must be formally recorded in writing by contacting a notary. Otherwise, you will automatically accept the inheritance, including any potential debts.

Heirs' Rights Regarding Debts

Heirs are responsible for the deceased’s debts, but only up to the value of the inherited property. This means that even if the inheritance has significant debts, the heir will not be obligated to pay more than the value of the property they received. For example, if you inherit an apartment worth 50,000 hryvnias, and the deceased’s debts total 80,000 hryvnias, you will only be liable for part of the debts that does not exceed the value of the inherited property.

Key Aspects of Inheriting Debts

• After the deadline for accepting inheritance (six months), heirs may be relieved of the obligation to pay debts if creditors have not filed claims.
• Checking Debts is an important procedure. Before accepting inheritance, heirs have the right to inquire with creditors about the deceased’s outstanding debts.
• Legal Consultation will help you understand the legal consequences of accepting or refusing inheritance and properly process the necessary documents.

Leaving the Debts to Creditors

There are situations where an heir can not only refuse the inheritance but also leave the deceased's debts to the creditors. For instance, if the period for filing claims against the heir has passed, and the debts have not been collected. In such cases, the heir may not be held responsible for those obligations. It is important to remember that the decision on whether to accept the inheritance should be well-founded and take all risks into account.

How to Properly Refuse Inheritance?

Refusing inheritance must be done in writing. The refusal request is submitted to a notary. Note that the heir cannot selectively refuse specific parts of the inheritance; therefore, the refusal applies to the entire inheritance. If you do not want to be responsible for debts, it is better to submit the refusal before the six-month period after the deceased’s death ends.

Questions — Answers

Legal Consultation: Our lawyers will help you understand your rights regarding inheritance and debts.

Debt Verification: We will help you verify the deceased’s debts before accepting the inheritance.

Court Representation: If disputes arise, we will provide professional court representation.