Debts pass with the inheritance

The estate includes not only rights but also duties that belonged to the decedent when the inheritance opened and did not end at death. That is Article 1218 of the Civil Code of Ukraine. One part cannot be accepted and another refused: acceptance subject to a condition is not allowed, Article 1268. A flat and a loan that still existed at death arrive together.

Heirs who have accepted, and who know of the debts, tell the creditor that the inheritance has opened. That is Article 1281. The creditor presents the claim to the heir who accepted, no later than six months from the day that heir received the certificate of inheritance. If the creditor did not know, and could not have known, of the acceptance or of the certificate, the six months run from the day they learned of it. A creditor who misses that time loses the claim. This note does not promise that a creditor will miss it.

The claim is met within the value of the property actually received, not for the whole debt above that value. Each heir answers personally, in the amount of their share. The ordinary form is a single payment, unless the creditor agrees otherwise. If that payment is refused, a court, on the creditor’s claim, may levy execution on the property that was transferred in kind. That is Article 1282.

What this means before acceptance

Before the application to accept, it is worth listing the debts already known: a loan, utility charges, maintenance, a guarantee. The value of what is received is the limit of the heir who accepted. This note does not calculate that limit, and it is not a refusal of the inheritance. Refusal and acceptance are separate acts before the notary, inside the time the statute names.