After the death of the debtor, his debt is legally transferred to the heirs. However, it is not always known in advance who exactly inherited the deceased and where to look for these people. The heirs themselves are in no hurry to reveal themselves to creditors, however, they often do not know about the loans of their testator. In this case, the heirs have to be found. All information on the opened inheritance case, including about the announced heirs, can be obtained from a notary. It makes sense to start searching for heirs through a notary 6 months after the death of the debtor.
Instructions
Step 1
Contact the notary at the place of opening the inheritance. The notary you need is determined by the place of residence (registration) of the deceased testator. In any reference book, specify which of the notaries serves the specified territorial area.
Step 2
In accordance with article 63 of the Fundamentals of Russian Legislation on Notaries, write the creditor's claim to the name of the notary. The claim from the creditor is presented against the estate of the testator-debtor. Indicate in the claim the amount of debt and the reasons for its occurrence. The notary will consider your claim to the newly opened hereditary mass.
Step 3
If the notary has a will on the property of the deceased, or the legally heirs appear within the six-month period for accepting the inheritance, in response to the claim, the notary will inform the creditors in writing about the presence of heirs. Also, information will be provided about the discovered objects of inheritance, to which the monetary recovery of the debt should be paid in the future. The objects of inheritance may include the testator's movable and immovable property, as well as funds in bank accounts.
Step 4
In the absence of announced heirs after six months from the death of the debtor, on the basis of the submitted claim, the notary is obliged to open an inheritance case. Thus, the foreclosure can also be applied to the property of a deceased person. Responsibility for the debts of the testator cannot be directed to the relatives of the debtor if they did not become heirs of his property. The testator can dispose of his property in a will in favor of completely strangers. Therefore, it is possible to find out exactly who the heir to the property and debts of the deceased is possible only in the above way.
Step 5
In addition to these measures, in accordance with Article 1175 of the Civil Code of the Russian Federation, creditors can file a claim in court to ensure their rights. Write a statement of claim, where the defendant will be a notary who is in charge of the inheritance of the deceased debtor. Indicate that the claims are made against the estate of the debtor. If you find heirs by law or by will, the claims can be redirected to them, as to the proper defendants. Along with the claim, provide the court with documentary evidence of the deceased testator's debt. The court will establish the heirs and determine each his share of the debt in accordance with the due part of the inheritance.
