What to do with personal debts owed by a person who dies?

The assumption of debts after the death of the debtor is mainly borne by the debtor's spouse and the debtor's legal heirs.

The specific scope of the debtor's debts after his death.

1. Liability of the debtor's spouse.

Whether the debtor's spouse is incurred a debt is determined by whether the debt is a joint debt. If the debt is a joint debt, the debtor's spouse shall be liable for the performance of the debt after the death of the debtor.

The criteria for judging whether a husband and wife have joint debts should be comprehensively judged from the following three aspects:

whether the debt occurred during the existence of the marital relationship, and if not, it is generally not a joint debt of the husband and wife;

whether the debtor's reason for incurring the debt or the purpose of borrowing the debt is to meet the needs of the husband and wife living together, or whether the debt is used for the family or the common life of the husband and wife;

The purpose of the debtor's debt and the debt itself are legitimate, and if the husband and wife owe gambling debts, etc., in their common life, it is impossible to obtain legal protection.

2. Liability of the debtor's children.

According to the laws of our country, the heirs of the debtor shall bear the debts of the debtor within the scope of inheriting the debtor's property. If the heir renounces inheriting the debtor's property, he may not bear the debtor's debts. The specific provisions of the law are as follows:

According to Article 1159 of the Civil Code of the People's Republic of China, "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 the deceased's estate." 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."

After the death of a person, the debts will be inherited by the heirs, and the heirs can not only inherit the property, but also need to bear the corresponding debts, because rights and obligations are relative.

1. What to do with personal debts when a person dies

This is actually a pointBothSituation:

1. The debtor has left an inheritance

In the death of the debtor, the debtor can still be repaid as long as the debtor's estate is sufficient to repay it. In other words, if the debtor leaves an inheritance, then the inheritance needs to be used to pay off the debt.

2. The debtor has no inheritance

If the debtor does not leave an inheritance in his name, then his family does not need to repay it for him, and it is difficult to get back the money lent out.

The first situation indicates that the debtor dies and the debt cannot be extinguished.

First of all, when the debtor dies and the inheritance of the estate left by the debtor occurs, the subject of the debtor changes, and the creditor can objectively no longer require the deceased to repay the loan debt, but can only require the heir to pay off the debt.

Therefore, even if the debtor dies, as long as the debtor's estate is sufficient to repay the debt, the debt can still be recovered.

At the same time, if the family members of the debtor want to inherit the estate, they must first repay the money owed by the debtor during his lifetime.

2. Precautions

However, it should be noted here that it is repaid within the limit of inheritance, and the inheritance law says that it is limited to the actual value, which means that those beyond the scope of debt are not within the scope of the estate and are not protected by the inheritance law!

That's why everyone often says"Father's debt is repaid by the son"Not exactly, this is the case, because the father and the son are two independent civil subjects and are not confused by the existence of blood relations. Parental debt is the creditor's rights and debts relationship between the father as the subject and others, and has nothing to do with the son.

For the debt collector, if the debtor's estate is not enough to pay off the entire debt, it is troublesome, because the excess depends on whether the heirs are willing to pay it back. It should be noted that this is voluntary, and if the heir renounces the inheritance, he can not be liable for repayment.

<> If the debtor dies: 1. If the immediate family member does not have the capacity for civil conduct, or does not have the ability to repay, the bank will see whether there is any property or inheritance. If there is no property, no inheritance, the bank is considered a bad debt.

2. If the cardholder dies due to an accident, such as a car accident, or a doctor's medical accident, etc. If the family cooperates, the bank may recover the arrears, and if they do not cooperate, the bank will sue the court at most. If the arrears are greater than the litigation costs, it is possible to sue, and if the arrears are less than 500, it is basically considered a bad debt.

3. Identification of inheritance. Except for bank deposits, that is the house, first of all, private houses cannot be bought and sold. If the area of commercial housing is less than 65 square meters, if the bank sues the court, the court will generally not make a judgment for enforcement.

Legal basis] Article 33 of the Inheritance Law stipulates that 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."

The Inheritance Act will expire on December 31, 2020). According to Article 1161 of the Civil Code, the heirs shall pay off the taxes and debts payable by the decedent in accordance with the law within the actual value of the inheritance.

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 or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

1. After the death of the debtor, the debtor needs to repay the debt with his estate.

2. If the debtor's heirs inherit the debtor's estate, they shall bear the responsibility for repayment within the scope of the inherited estate.

3. After repayment with the debtor's estate, the debts that cannot be repaid are extinguished.

What to do with personal debts when someone dies.

Order of personal debt repayment.

1. Preferential claims are the first order of repayment. The so-called preferential creditor's right refers to the creditor's right to have mortgage, pledge, lien and other circumstances in the estate. The person who has such a right is the priority holder.

The effect of such preferential claims of the priority holder shall not be affected in any way by the succession. It should be paid before ordinary claims. However, the priority holder who enjoys such special security does not have the right of priority to the entire estate, and if the thing or right to be secured is insufficient to satisfy its debts, the shortfall shall still be paid in the same order as the ordinary claim.

2. Ordinary claims are in the second order of repayment. Ordinary claims are relative to preferential claims. In the liquidation of inherited debts, the priority claims must be paid off first.

After the preferential claims are repaid, the ordinary claims will be repaid. The repayment of ordinary claims shall be limited to what the heirs already know (including those already stated by the creditor). Of course, the claims of the heirs that are not known to the heirs will not be able to be discharged.

For debts that have not yet reached the repayment period, they should also be repaid at the time of repayment of the estate debts, so as to avoid delaying the repayment of the entire estate debts. The issue of repayment of those claims that have conditions attached but have not yet been fulfilled is complicated and cannot be generalized, and the successors and creditors should negotiate with each other, or request the people's court to evaluate and deal with them according to the specific circumstances or ask an appraiser to assess the amount. If, after the preferential claims have been repaid, the estate of the deceased is insufficient to pay off the known ordinary claims, the ordinary claims shall be repaid separately in accordance with the principle of fairness, calculated in proportion to their amounts.

3. The delivery of the bequest is in the third order. China's Civil Code stipulates:"The execution of the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.

This means that the payment of taxes and the settlement of debts come first, and the delivery of the bequest comes later. After the preferential claims and ordinary claims have been settled, the delivery of the bequest can only begin if there is any surplus in the estate.

After the death of the debtor, the inheritance left by the debtor is used to pay off the debt, and the excess part shall be borne by the heir if the heir is willing to pay off. It can also be resolved through legal proceedings. The legal procedure mainly considers whether the debtor's debt is a personal debt or a joint debt of the husband and wife, whether the debtor's inheritance rights are inherited, and whether the debtor owes a guarantor.

However, 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.

1. The debtor dies and has an inheritance.

If the debtor dies suddenly, if the debtor has an inheritance and the estate is inherited by an heir, then the creditor can ask the heirs to repay the debtor's debt. However, the scope of the debts borne by the heirs is limited to the estate. The estate is only $100, and the creditor has no right to demand the heir to bear the debt of $101 unless the heir voluntarily.

If the debtor has an inheritance, but the heirs renounce the inheritance, then the creditor can claim rights to the estate.

2. The debtor dies and there is a guarantee.

If the debtor owes a debt and someone else provides property as security, then after the debtor's sudden death, the creditor can claim to auction or sell the property, and the proceeds will give priority to the repayment of the debtor's debt. For example, if someone else uses a house or car to guarantee the debtor, then after the debtor dies, the creditor can demand the sale of the house or car.

If the debt is guaranteed by someone else, then the creditor can claim the right against the guarantor to demand that the guarantor repay the debt. Warranties can be divided into general warranties and joint and several liability warranties. In the case of a general guarantee, if the debtor's estate is insufficient to repay the debt, the creditor can recover the remaining part from the guarantor.

In the case of joint and several liability guarantees, the creditor can directly demand the guarantor to repay the debt.

When a person dies, the repayment of the debt owed by the individual is divided into two situations:

One is that the debtor has left enough inheritance, and the debtor dies, and the arrears can be recovered from the heirs of the estate. If the heir renounces the inheritance, you can ask the court to seize the estate, auction the estate, and pay off the debt.

The second is that the debtor has no inheritance, so his family does not need to repay the debts for the deceased, and the so-called "repayment of debts from father and son" has no legal basis.