The debtor has died, how can the creditor get his money back?

Many people feel that even if they owe a debt, they do not need to pay it back when they die. But in fact, even if the debtor dies, the creditor has a way to get back the money lent out. First of all, if the debtor dies, then there are heirs to inherit his property, such as a house, a car, money, etc.

This is all the property of the debtor, and the creditor can sue the heirs of the debtor's estate.

The heirs of the estate have to return the property, although the heirs of the estate have nothing to do with the debt, but the heirs of the estate inherit the debtor's property. Therefore, when the debtor's debt has not been paid off, the creditor has the right to sue the court and demand that the debtor's heirs return the money. According to the relevant laws of China's inheritance law, if the debtor dies, then the debtor's estate heirs will return it, and after the return, if there is a remaining estate, it will also belong to the heirs of the estate.

However, if the remaining estate is not enough to pay the debt, then the heirs of the estate are not obligated to help the debtor to pay back.

The general heirs of the estate are the immediate family members of the deceased, so there should be a certain amount of money borrowed by the deceased. Then the creditor can also sue the heirs of the estate and require the heirs of the estate to use the creditor's estate for restitution. If the heirs of the estate do not return the money, it is very likely that the court will make a judgment, so it is recommended that you return the borrowed amount on time.

Others have already borrowed money, so at this time, the heirs of the estate should also take out a part of the inheritance to return.

Consequences of non-restitution If the heirs of the estate do not return, then the court may have the bank freeze the estate. Then return the estate to the creditor, and for the sake of unnecessary trouble, it is still recommended to return it to the creditor when the creditor claims it from the heirs of the estate.

If the debtor is dead, the creditor can appeal to the court to get his money back by auctioning off the property in the debtor's name.

If the creditor has a contract or a receipt, he can file a lawsuit in court, and the children should be asked to repay the money.

If you have an inheritance, you can ask your heirs for your money directly, which is also very reasonable.

If the borrowed money has not been paid off and the creditor is found to have died, the debtor must continue to repay the money because the debt still exists. However, if you don't know the situation of both parties, who to give the other party's money to at this time will become a headache for the debtor.

First of all, after the death of the creditor, the debtor's unpaid money will be used as the other party's inheritance.

Because according to the regulations, the following personal legal property left behind at the time of the death of the creditor will be regarded as an inheritance:

1. The creditor's personal legal income;

2. The creditor's real estate, savings money and daily necessities;

3. Forests, livestock and poultry contracted by creditors;

4. Cultural relics and library materials collected by creditors;

5. The means of production owned by the creditor permitted by law;

6. The property rights in the copyright and patent rights of creditors;

7. Other lawful assets of the creditor may include valuable claims and obligatory rights that are subject to property.

Therefore, there is no doubt that personal claims are also the legal property of the individual, so they will be regarded as inheritance. After the claim is an inheritance, it will be inherited by the creditor's heirs. If the creditor does not make a will, etc., during his lifetime, the creditor's right will be distributed according to the legal inheritance.

In the case of legal succession, the following order is required:

First order: spouse, children, parents of the creditor.

Second order: siblings, grandparents, maternal grandparents of the creditor.

Therefore, if the debtor discovers that the creditor is dead, he will return the borrowed money to the above person. And when specifically repaying the loan, it is necessary to first find the spouse, children and parents of the creditor, and if it is found that the other party does not have these relatives, then the compensation will be made according to the brothers, sisters, and grandparents.

Legal Analysis: When the creditor dies, the debtor still needs to pay back.

The law provides that after the death of a creditor, if the creditor has a will or bequest to dispose of the claim, the heirs or legatees of the claim can require the debtor to perform the repayment obligation.

If the creditor does not dispose of the claim during his lifetime, the claim will be inherited by his legal heirs as an inheritance.

Legal basis: Article 1133 of the Civil Code of the People's Republic of China Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

If the creditor dies, the debtor still needs to repay the debt, and after the creditor dies, the creditor's heirs can inherit the creditor's right in accordance with the law. Article 1122 of the Civil Code stipulates that an estate is the legal property left by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123 stipulates that after the commencement of succession, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the will or town inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 530 stipulates that a creditor may refuse the debtor to perform its debts in advance, except where the early performance does not harm the interests of the creditor. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

Article 1122 of the Civil Code provides that an estate is the lawful property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. Article 1123:After the commencement of succession, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 530:Creditors may refuse the debtor's early performance of debts, except where the early performance does not harm the interests of the creditor. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

When the debtor dies, the money can be returned, and the debts should be repaid by the heirs within the scope of the inheritance, but the debts beyond the scope of the estate, the heirs do not need to repay, and if the heirs renounce the inheritance, they do not need to repay the debts of the deceased.

1. What to do with the debts arising from the inheritance of the heirs.

The debts of the inherited property shall be repaid within the scope of the inherited estate, and if the debts of the deceased have not been repaid when they are due, the heirs who inherit their estate shall repay them within the scope of the inheritance they have inherited, and the heirs do not need to repay the part of the debts that exceed the estate, of course, if the heirs are willing to repay the excess part, they can be repaid.

2. What to do about inheritance debts.

The heirs inherit the estate in accordance with the law. The deceased shall be liable for the debts incurred during his lifetime. However, the amount of repayment is limited to the value of the property acquired by inheritance, and the excess amount is also allowed if the heir voluntarily repays it.

In addition, if the heir renounces the inherited property, he or she is not liable for the debts incurred by the heir. 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; If it is insufficient to pay off, the testamentary heirs and legatees shall pay off the inheritance in proportion to the inheritance.

3. How to deal with debts within the scope of the estate under the law?

If the debt is within the scope of the estate, the heir shall bear the corresponding debt repayment liability to the extent of the actual value of the inheritance inherited. If the debt exceeds the actual value of the estate inherited by the heirs, the heirs can voluntarily repay the excess, or they can imply or not repay the excess. If the heirs do not want to take on the debt, they can renounce the inheritance.

If the heir renounces the inheritance, he may not be liable for the debts of the decedent.

Article 1161 of the Civil Code.

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.

The execution of the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.