How to determine the scope of the decedent s debts and the procedure for paying off the debts of the

According to the Inheritance Law of China, if the decedent has debts left behind, the heirs should first pay off the debts of the decedent and then divide the estate. The debts of the deceased refer to the taxes that the deceased should pay according to law and the debts owed for personal life during the decedent's lifetime.

The debts of the deceased will be inherited and borne by the heirs.

After the inheritance begins, each heir shall first use the property left by the deceased to pay off the debts left by the decedent before the inheritance is divided, and the remaining property after the settlement shall be divided according to the will or legal inheritance as the actual estate.

It is also possible that after the inheritance begins, each heir will first divide the estate according to the will or legal provisions, and then bear the responsibility of paying off the debts of the deceased in proportion to the amount of the inheritance share inherited.

When two or more heirs inherit the estate at the same time, the responsibility for paying off the debts of the decedent shall be shared proportionally according to each heir's share of the estate.

The principles that should be followed in paying off the debts of the decedent are:

1. The principle of acceptance of inheritance. 2. Determine the principle of inheritance. 3. The principle of retaining the necessary shares. 4. The principle of joint and several liability. 5. The principle of orderly liquidation.

1. What to do with the debts during life after death.

The repayment of debts during the lifetime after death shall be carried out in the following order: the property left by the debtor shall be paid off first, and the remaining property shall be divided as the actual estate according to the will or legal inheritance. It is also possible that after the inheritance begins, each heir will first divide the estate according to the will or legal provisions, and then bear the responsibility of paying off the debts of the deceased in proportion to the amount of the inheritance share inherited.

Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

The scope of the decedent's debts shall be determined from the following aspects:

1. The tax payable by the decedent in accordance with the provisions of China's tax laws and regulations;

2. The debts owed by the decedent due to the obligations of the contract are empty;

3. The debt of the decedent for damages due to the tort;

4. The debts of the decedent for the return of unjust enrichment due to unjust enrichment;

5. The decedent shall not bear the debts of the administrator for the expenses necessary to compensate the administrator for the management of the state surplus.

Decedent debts refer to debts left behind when the decedent dies. There are two main points in dealing with the settlement of the debts of the decedent and disputes: one is the definition of the debts of the decedent, and the other is the definition of the estate.

The definition of debt is governed by the rules of debt, and for the definition of estate, please refer to the rules on determining the scope of inheritance in statutory succession disputes.

The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

If the heir inherits the property of the decedent, the creditor may sue the heir to require the heir to repay the debt, and determine the jurisdiction over the inheritance dispute, that is, the lawsuit arising from the inheritance dispute shall be subject to the exclusive jurisdiction of the court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

1. How to confirm the scope of inheritance?

An inheritance is an individual's legal property left behind when a citizen dies. Inheritance refers to the system whereby the property owned by the deceased during his or her lifetime is transferred to others in accordance with the law.

1. It is necessary to find out whether the property left behind by a citizen after his death is lawful in the way in which it was acquired. Property illegally acquired by a citizen during his lifetime cannot be used as an inheritance for inheritance.

2. It is necessary to find out whether the citizen really enjoys the ownership of the property actually occupied by him during his lifetime, and if it is the property rented from others, it cannot be used as an inheritance for inheritance.

3. It is necessary to strictly distinguish between the property of individual citizens and the property jointly owned by others, and if it is common property, the property should be divided first and then inherited.

4. The non-transferable personal rights of the decedent, such as the right to be supported and supported, the right to receive pension, pension, and allowance for the sick and disabled, cannot be inherited.

5. It is necessary to clarify whether the ownership of the property left behind by a citizen after his death has been transferred during his lifetime.

In addition, it is necessary to find out whether the beneficiary of the pension, subsistence allowance and insurance money has been identified, and if the beneficiary has been designated, it belongs to the beneficiary and not to the estate.

Hello, first of all, the premise that the heir needs to pay off the debts of the deceased during his lifetime is to accept the inheritance as the principle. And the Inheritance Law clearly stipulates that the debts here are limited to legal debts. The heirs are only obligated to pay off when they accept the inheritance.

This is a manifestation of the consistency of rights and obligations.

Secondly, Article 33 of the Inheritance Law clearly stipulates the principle of limited inheritance, that is, the debts that the decedent needs to repay are limited to the actual inheritance inherited, and the debts in excess of the inheritance part may not be repaid, except for those voluntarily paid off by the decedent.

Third, if there are multiple decedents, although China does not clearly stipulate what kind of responsibility each decedent needs to bear for the debts of the heirs during his lifetime, before the division of the decedent's estate, it belongs to the joint ownership of each heir, so each heir is jointly and severally liable for the legal debts.

Fourth, the principle of retaining the mandatory share for the heirs. If some heirs are unable to work and do not have a livelihood**, a certain share should be reserved for them, even if the inheritance is not enough to pay off debts.

Fifth, the principle of orderly repayment. This principle is embodied in two ways:

1) In the case of the coexistence of multiple ways to acquire an inheritance, the method of treatment is:

Step 1: The legal heirs will use their inheritance to pay off the debts;

Step 2: If the repayment is insufficient, the testamentary heirs and legatees will repay the inheritance in proportion to the proceeds;

Step 3: If there is only testamentary inheritance and bequest, then only the testamentary heirs and legatees will pay off the estate with the proceeds in proportion.

2) In the case of the coexistence of multiple debts of the decedent, they should be paid off in a certain order. Method:

Step 1: Settle claims with priority, such as workers' wages and labor insurance premiums, claims secured by inheritance, etc.;

Step 2: Then settle the ordinary claim.

Settlement of debts of the decedent.

1. Only the personal debts of a property nature left by the decedent at the time of death can become an integral part of the object of the legal relationship of inheritance, and some personal debts of a personal nature left by the decedent at the time of death cannot be transferred to others, so they cannot be used as the object of the legal relationship of inheritance.

2. The debts of the decedent are often composed of two parts:

1) Debts incurred in the name of the deceased and to be borne by the decedent. It should be noted that after the commencement of the inheritance, the debts owed by the decedent due to the funeral are not the debts of the decedent.

2) In the case of joint debts, the share of the debt that should be borne by the decedent personally.

3. When determining the debts of the decedent, attention should be paid to distinguishing the debts of the decedent from the joint debts of the family.

Community family debt is a debt that is incurred on the basis of the needs of all members of the family to live together. Debts owed to the community of the family, regardless of whose name, should be repaid with the joint property of the family. If the joint family property is insufficient to be repaid, the family members shall share the responsibility for repayment, and the part that should be repaid by the deceased shall be included in his personal debts.

4. The principle of paying off the debts of the deceased.

1) The heir pays off the debts of the decedent, subject to the acceptance of the inheritance. If the heir renounces the inheritance, he shall not be liable for the repayment of the taxes and debts that the decedent shall pay according to law. According to Article 46 of the Judicial Interpretation of the Inheritance Law, if the heir is unable to perform his or her statutory obligations due to the renunciation of the right of inheritance, the act of renunciation of the right of inheritance shall be invalid.

2) Define the principle of inheritance. The repayment of the debts of the deceased by the heirs who receive the inheritance is limited to the actual value of the estate, and the heirs who exceed part of the inheritance are not liable for repayment, except where the heirs voluntarily repay them.

3. The principle of retaining the necessary shares. When paying off the debts of the deceased, the necessary share of the inheritance of the heir who lacks the ability to work and does not have a living shall not be cancelled, but the appropriate inheritance shall be reserved for him.

5. Repayment of inheritance debts.

1) The procedure and method of repaying debts are generally that after the inheritance begins, the decedent's estate should first pay the taxes payable during his lifetime and pay off the personal debts owed by the decedent during his lifetime, and then the heirs will inherit the remaining estate.

2) In the case that the estate has been divided and the inheritance debts have not been paid, a. If there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall first use the inheritance to pay off the debts, and if the debts are insufficient, the remaining debts shall be repaid by the testamentary heirs and legatees in proportion to the inheritance obtained.

b. If there is only testamentary inheritance and bequest, the testamentary heir and legatee shall pay off the inheritance debts with the income in proportion.