If the debtor dies, does the debt still need to be paid by the family?

Updated on society 2024-07-26
3 answers
  1. Anonymous users2024-02-13

    When a family inherits an estate after death, the debts are also borne at the same time, but only within the limit of the inheritance. If you renounce the inheritance, you don't need to incur any debts

    [Legal basis].

    Civil Code

    Article 1161 [Principles for Repayment of Taxes and Debts of the Deceased].The heirs shall pay off the taxes and debts that the decedent shall pay 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.

    Article 1162 [Principle that the repayment of taxes and debts of the deceased shall be given priority over the execution of the bequest].The execution of the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.

    Article 1163 [Settlement of taxes and debts at the time of both statutory succession and testamentary succession and bequest].Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

    Civil Code of the People's Republic of China.

  2. Anonymous users2024-02-12

    Summary. Hello dear, happy to answer your <>

    People who owe debts generally have to pay their families for debts. <>

    If the debtor dies, will the debt be repaid by the family?

    Hello dear, happy to answer your <>

    People who owe debts generally have to pay their families for debts. <>

    Legal analysis: If the debtor's family inherits the inheritance, then the debt should be repaid within the scope of the inheritance. <>

    Legal basis: The parties to the first paragraph of Article 509 of the Civil Code shall fully perform their obligations in accordance with the agreement. Article 1161 of the Civil Code Scattered and Harmonious Files: The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance obtained.

    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, the taxes and debts that the decedent should pay in accordance with the law may be washed out and shall not be liable for repayment. <>

  3. Anonymous users2024-02-11

    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. According to the relevant laws and regulations, if a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or that it is a joint debt of the husband and wife.

    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. The order of the resurrection is as follows:

    First order: spouse, children, parents; Second order: siblings, grandparents, maternal grandparents.

    The materials required for a lawsuit for arrears are as follows:

    1. The complaint shall state the identity of the plaintiff and the defendant, the litigation claims, the facts and reasons;

    2. Proof of the qualification of the parties to the litigation;

    3. Evidence of the existence of the debt relationship;

    4. The basis for calculating the amount of the claim;

    5. Evidence of repaid loans.

    To sum up, if the debtor's family inherits the debtor's estate after the debtor's death, they naturally need to bear the debtor's debts, and the creditor also has the right to collect debts from his family.

    [Legal basis].

    Article 1161 of the Civil Code of the People's Republic of China.

    The principle of repayment of taxes and debts of the decedent] The heirs shall pay off the taxes and debts that the decedent shall pay according to law to the extent of 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.

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