If the debtor dies, do you still need to pay the debt?

After the death of the debtor, whether the debtor's debts should be paid off depends on whether the debtor has inheritance property, and if there is any left property, it is necessary to pay off the debts.

Legal basis:

Civil Code

Article 1159:The inheritance of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with 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.

Article 1162:The execution of a bequest shall not hinder the repayment of taxes and debts that the legatee shall pay in accordance with law.

Data Extension:

Many debtors feel relieved because of the death of the creditor, feeling that the owner of the debt is dead and there is no need to repay the money, so they passively repay the loan, and even delay the repayment after the deadline.

This kind of "death and debt extinguishment" is just a personal idea, and the law will not recognize it, so after failing to repay the money within the time limit, there are still consequences of dishonesty, credit blacklisting, restriction of high consumption, and enforcement of personal property.

Therefore, the money borrowed after the death of a person must be repaid, but there is no need to worry too much, even if the repayment is limited to the debtor's estate.

Legal analysis: The inheritance should be repaid, and the taxes and debts that should be paid by the deceased during his lifetime should be paid in advance, and the taxes and debts paid shall be limited to the actual value of the estate. In addition, the excess part is voluntarily paid off by the heirs.

Therefore, when the debtor dies, the debts incurred during his lifetime shall be repaid by his estate, and the scope of repayment shall be limited to the actual value of the estate, and there is no restriction on the voluntary repayment of more than part of the heirs. However, if the debtor's legal heirs are unwilling to repay, then the creditor's claim will be completely extinguished if the creditor's claim is insufficient after the debtor's estate is repaid or the debtor has no estate to repay. Compensation cannot be obtained.

Legal basis: Civil Code of the People's Republic of China

Article 1159:When dividing an estate, the taxes and debts that the decedent shall pay in accordance with law shall be paid off; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

Article 1161 The heirs shall pay off the taxes and debts payable by the decedent in accordance with the 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 of Naikai, he shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Legal analysis: After the death of the debtor, the debtor's estate is used to repay the debt, and if the estate is inherited by the heir, the heir bears the debt to the extent of the value of the estate.

Legal basis: Civil Code of the People's Republic of China

Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part that exceeds the actual value of the estate is not 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 1163: Where there is both statutory inheritance and testamentary succession or bequest, the legally-designated heirs are to pay off the taxes and debts that the decedent shall pay in accordance with law over the actual value of the legally-prescribed inheritance, and the heirs of the testamentary successors and the legatees are to pay off the inheritance in proportion to the inheritance.

The debtor dies and the debt still needs to be repaid. First of all, the best way is to negotiate with his family first to see if the other party is willing to repay, if the other party is willing to repay, it is the best, in order to insure the family without an IOU, you can ask the family to make up another IOU; If the other party is not willing to repay, it can also be resolved through the legal dismemberment procedure.

If the borrowed money is not used for the joint use of the husband and wife, and the surviving spouse can prove that the loan is not known to him, and the loan is completely used for a place that has nothing to do with him, even if the money was borrowed during the existence of the husband and wife relationship, the loan is not considered a joint debt of the husband and wife, and accordingly does not need to bear the obligation to continue to repay.

If the deceased spouse of the family has an inheritance, and the heir wants to inherit the property, then he has to bear the debts he owes during his lifetime, and he can repay the debts to the inheritor. It needs to be explained here that the heir of the estate can only bear the obligation to repay the debts of the deceased within the scope of the inheritance inherited, and if there is no inheritance or the inherited estate is insufficient to pay off, the heir's other personal property cannot be enforced.

After the death of the debtor, the creditor can also claim the arrears against the following persons:

1.If the debtor dies, the heirs of the estate shall repay the debts of the deceased to the extent of the inheritance they inherited;

2.If there is no inheritance, if the debtor is a debtor, the guarantor shall bear the guarantee liability;

3.If the debt is a joint debt, the debtor's spouse shall bear the debt after his or her death.

4.If there is no such circumstance, the creditor's rights and debts will be extinguished and no further repayment will be required.

Legal basis:Article 1159 of the Civil Code provides that the division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.