The Au
when a person is reported missing, the heirs take back their property. This means that it occurs in its legal position, active and passive. The obligations left by of the must therefore also be divided between the heirs in proportion to their respective actions. Who should the creditor claim debts of the deceased ? Will he be able to request the full payment from a person or will he be able to reimburse each heir according to the fees accepted by him?
The debts of the deceased
At the time of the death of the deceased, the opening of the succession takes place. Those who succeed in the active and passive relationships of the deceased are the so-called “called to inheritance”, who only assume the quality of heirs with the acceptance of the inheritance.
What are the debts of the deceased transmitted to the heirs
The estate debts are nothing other than the obligations left by the deceased at the time of his death. They include the sum of the capital and any interest. These continue to mature even after the death of the debtor.
Estate debts include, for example, accumulated condominium fees, unpaid utility bills, taxes, the mortgage taken out for life by the deceased, as well as related installments that were late and unpaid. These are inheritance debts in their own sense, that is, those that arose in life in the head of the cuius. The hereditary weights are added, that is, each financial obligation arose after the opening time of the estate. This category includes funeral expenses, expenses necessary for the possible preparation of the inventory as well as the costs of administering the inheritance or its division.
What if the inheritance call does not want to take over the debt burden of the deceased? He must renounce the inheritance within 10 years of the opening of the succession, that is to say after the death of the deceased (art. 480 of the French Civil Code). However, this term is shorter if the heir is in possession of even one of the deceased’s property. In this case, you will need to take an inventory within 3 months of opening the estate and, within the next 40 days, choose whether or not to accept the inheritance. Failure to comply with these conditions implies outright acceptance of the inheritance and, consequently, also of the debts of the deceased.
There is no partial acceptance or waiver of inheritance. However, the heir can opt for acceptance for the benefit of the inventory. This choice is often made when the picture of the debts and assets of the deceased is not clear. Also in this case the same conditions as for acceptance / waiver apply and, with the same exception, above. Not all creditors will be able to foreclose the personal property of the heir, but only the assets obtained by inheritance. The heir therefore only responds to the estate debts within the limits of the estate assets and with the estate assets only. This means that if the estate assets are not sufficient to pay the deceased’s creditors, the latter will remain dissatisfied because they cannot attack the personal assets of the heir, precisely because of the inventory benefit. Rather, the heir will respond with his own property in the event of simple acceptance of the inheritance.
In case of succession of multiple heirs, they are required to the creditors to pay their debts and their inheritance coefficients personally in proportion to their share of inheritance and mortgage for the whole (art. 754 c.c.). There is therefore no relation of solidarity between them. This means that the creditor will not be able to claim the full benefit of just one of the consistent.
In
In any case, the deceased can establish, in his will, actions for the distribution of different debts or that the coherent ones respond to the debts of succession in solidarity with each other. Despite this mortis causa provision concerning a different division of inheritance debts, creditors can still act pro quota for the recovery of sums due to individual coheirs. Indeed, the modifying intervention of the testator only produces an effect in the internal relations between the cohédes and not in the external relations with the heir creditors.
If one of the heirs pays the creditor more than his share, he can ask the other heirs to return the part for which they must contribute. The creditor can only sue one of the heirs without the obligation to mention the others. However, the decision will only be valid for those who participated in the trial.
The principle of pro quota liability for heirs also applies in the case of tax debts. The tax administration can only make claims against the subject having the capacity of heir, that is to say the one who has accepted the inheritance. Sanctions, such as those for missed or delayed payment of taxes, are never passed on to the heir. If the full payment request is received, the heir could propose a request for adjustment.
Do creditors have to wait up to 10 years?
A term of 10 years to be able to accept or not the inheritance. But then will the creditors of the decuius have to wait so long for the decision of the appeal? Our system wanted to protect third parties who have credit claims against the deceased.
Article 481 of the French Civil Code allows authority to be used to set a time limit within which inheritance billers must declare whether to accept or waive. spent Les Cals loses their right to accept.
–
