The heirs who inherit from the estate will be liable for the share of the debt of the estate up to a maximum not more than the value of the share of the inheritance.
Article 833 and Article 1100 of the Civil Code (KUHPerdata)
“The heirs, by law automatically get ownership of all goods, all rights, and all debts of the deceased”
Article 1100 of the Civil Code:
“The heirs who are willing to receive the inheritance, must participate in the payment of debts, wills and other burdens , in proportion to what each received from the inheritance.”
The following is basis that any liability that may follow to the heir is up to the limit of the inheritance received by that heir.
Article 1032 of the Civil Code,:
“1. That the heirs are not obliged to pay the debts and burdens of the inheritance more than the total price of the items included in the inheritance…”
The heirs may refuse the inheritance because he or she may not wish to take on the estates liability. This understanding is derived from the language in Article 1100 of the Civil Code which provides as follows ” Heirs who are willing to accept an inheritance …”. The interpretation is therefore that heirs may refuse inheritance.
This is further supported by Article 1045 of the Civil Code :
“No one is obligated to accept an inheritance that falls into his hands.”
Heirs are not obligated to accept inheritance and are therefore not liable for the debt of the deceased estate.
Options for the creditor
Assuming that the heirs do not wish to inherit the estate, the creditors may apply to the judge to take over the assets of estate – Article 1061 of the Civil Code,
“ Creditors who are disadvantaged by the Debtor who rejects his inheritance, can apply to the Judge, to be authorized to accept the inheritance in the name and in lieu of the debtor. In that case, the rejection of the inheritance can only be canceled in the interest of the creditors and up to the amount of their receivables, the rejection is never canceled for the benefit of the heirs who have rejected the inheritance. ”
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