Do you need to repay the arrears after the death of a person

Whether the arrears after the death of a person need to be repaid are judged on a case-by-case basis. Depends on the countryLaws and Regulations

It is stated that if the family inherits the estate after death, the debts must be borne at the same time, but the heirs will only bear the debts within the limit of the inheritance. If the heir renounces the inheritance, he does not need to bear any of his debts.

Legal analysis

If a debtor dies due to some reasons, such as illness or a traffic accident, if his family knows that the other party has debts abroad, the creditor will also ask the debtor's family to repay the debts on behalf of the other party after knowing that the debtor has died. In view of this issue, it is first necessary to see whether the debtor's relatives have the obligation to repay the debts borne by the deceased debtor during his lifetime, and should be treated differently according to different circumstances: first, it is necessary to distinguish whether the debts borne by the deceased debtor are personal debts or joint debts.

In the case of personal debts, the debtor is a debt incurred in the name of an individual and not related to his or her family life. Joint debts, on the other hand, refer to debts incurred by the debtor for the performance of family life, including the fulfillment of maintenance obligations, maintenance obligations, and debts incurred for all aspects of family life. Joint debts can also be divided into marital debts and joint family debts.

Personal debts require that the debt be repaid by the debtor, and if the debtor dies, the debtor's estate must be used to repay the debt. On the other hand, joint debts need to be repaid jointly by both husband and wife, and joint family debts need to be repaid jointly by all members of the family. Second, the second distinction to be made is whether the next of kin of the deceased inherits his estate.

Depends on the countryLaws and Regulations

It can be seen that the heirs who inherit the estate shall repay the taxes and debts that the decedent needs to pay in accordance with the laws and regulations. If the heir renounces the inheritance, he or she may not be liable to repay the taxes and debts that the decedent should pay in accordance with the law.

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

Article 1163:Where there is both legally-prescribed 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; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

In the past, it was said that people died and debts were eliminated.

This is not the case now.

It must be deducted from the estate first.

Balance after deduction.

Redistribution. If the inheritance is insufficient.

That can only be deducted after the estate.

Others are treated as bad debts.

Of course, this needs to be repaid, but as long as he does not leave an inheritance, then he does not have to pay it back. His children are also not obligated to pay it on his behalf. So there will be a lot of bad debts in the banking sector.

This situation can be considered as a transfer of property, and the bank can sue for it. If the debtor transfers property without compensation, causing damage to the creditor, the creditor may request the court to revoke the debtor's act. In other words, the debtor's act of donating property to the children can be invalid.

The money also serves as a debtor's estate.

At that time, the bank can sue for the execution of the estate, and it can also sue the children who inherit the estate, and the children need to pay off the debts within the scope of the inheritance.

Article 74 of the Contract Law: If the debtor waives its due creditor's rights or transfers property free of charge, causing damage to the creditor, the creditor may request the people's court to revoke the debtor's act. If the debtor transfers property at an obviously unreasonable low price, causing damage to the creditor, and the transferee is aware of the situation, the creditor may also request the people's court to revoke the debtor's act.

The scope of the exercise of the right of avoidance is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

It needs to be repaid, it is the person who inherits the deceased's estate to repay, since the property is inherited, then the debt also needs to be inherited, which is the unity of rights and Yiwu.

Yes, it is repaid from the estate.

An inheritance is not just about property, but also about debts.

Answer: Hello, I am glad to answer for you, After death, you need to pay off the arrears with your inheritance. 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 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.

Hello, the inheritance should first pay off the taxes and debts that the deceased should pay during his lifetime, and the taxes and debts paid are 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 and cannot be compensated if the creditor's claim is insufficient after the debtor's estate is repaid or the debtor has no estate to repay.

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