The death of the debtor does not extinguish the debts that are passed on through inheritance, but it changes the persons and assets against which enforcement can continue. The rules depend on the acceptance of the inheritance, the existence of a curator, and the nature of the claim.
Which assets are liable for the debts of the inheritance
According to Article 1.114, paragraph (2) of the Civil Code, legal heirs and universal or universal-title legatees are liable for the debts and obligations of the inheritance only with the successor’s assets, in proportion to each one’s share. The rule does not mean that any creditor can pursue the personal assets of the heirs for the deceased’s debt.
Article 1.155, paragraph (1) provides for a proportional contribution to the payment of the debt. Before the division, creditors whose claims arose before the opening of the succession or stem from the preservation or administration of the inherited assets may request payment from the assets in indivisibility and may request their enforcement by means of a writ of execution. There are legal exceptions, for example for indivisible obligations, real-estate secured claims or situations where a title entrusts a specific heir with the payment.
Consult Civil Code, In particular, Articles 1.114 and 1.155.
What happens if the debtor dies before the execution takes place?
Article 687 of the Code of Civil Procedure prohibits the commencement of enforcement if the debtor has died before the enforcement agent is notified. If the death occurs after the enforcement has begun, it cannot continue until the inheritance has been accepted by the heirs or, in the absence of acceptance, until a curator of the succession or a special curator for enforcement has been appointed.
If there are no acceptable heirs and no curator of the succession, the creditor or executor may request the enforcement court to appoint a special curator. The executor or creditor must obtain the notaryial information provided by law regarding the succession situation and make the necessary arrangements to identify the assets.
Execution after acceptance of the inheritance
According to Article 688 of the CPC, if the inheritance has been accepted and there are only adult heirs, enforcement usually begins against all the heirs, unless the law or the will of the deceased assigns responsibility for certain debts only to some of them. The collective summons is sent to the place where the inheritance is opened if the heirs have not subsequently chosen another place of communication or a joint representative.
Succession disputes and the prior determination of quotas are not always prerequisites for initiating enforcement proceedings over the inherited assets. In Decision No. 12/2019, the High Court of Cassation and Justice dismissed the petition as inadmissible; the reasons discuss the possibility of enforcing the inherited assets against the accepting heirs without the succession having already been contested. The decision must be read within the procedural limits of its resolution, not as a mandatory resolution on the merits.
See Articles 687–688 of the Code of Civil Procedure and Decision of the Supreme Court of Cassation no. 12/2019.
Creditor of a successful person and renunciation of inheritance
The deceased’s creditor must be distinguished from the personal creditor of the successful heir. According to Article 1.107 of the Civil Code, the successful heir’s creditors may accept the inheritance by way of inheritance, within the limits of their own claims. Separately, if the successful heir renounces the inheritance in fraud against his creditors, they may demand the revocation of the renunciation within 3 months from the time they became aware of it. The admission of the action produces the effects of acceptance only with respect to the creditor who filed the claim and only within the limits of his own claim, in accordance with Article 1.122.
Which court resolves the dispute
Article 118 of the CPC establishes the exclusive jurisdiction of the court of the deceased’s last domicile for inheritance claims and its duties until the dissolution of the individual. The objection to enforcement is usually filed with the enforcement court, determined according to Art. 651 and Art. 714 of the CPC. The exact nature of the claim is important for determining the jurisdiction.
Before requesting or contesting the execution, the creditor must verify the enforcement title, the proof of acceptance, the status of the successor’s assets, the existence of a division of property, and the applicable deadlines. The liability and procedure are determined based on the documents and tangible assets in the case file.
