Is it possible to enforce the heir's debt from the inheritance?


The creditor may pursue his claims against all the debtor's assets. The debtor's assets also include his inheritance. Is it possible to enforce the heir's debt from the inheritance? We answer below.

Heirs debt enforcement from inheritance - is it possible?

Yes, the creditor can effectively claim the inheritance. For this purpose, the creditor should, having learned about the inheritance inheritance, apply to the court bailiff for the seizure of the debtor's right to demand the division of the estate.

In this situation, the creditor obtains the right to divide the property, and thus can obtain everything that the debtor would receive in the distribution. If the debtor receives real estate or a part of it from the property division, the court will notify the land and mortgage register court after dividing the property in order to disclose the seizure in the land and mortgage register.

It is very important to strictly observe the specified deadlines, because if the creditor does not request enforcement from the property that belongs to the debtor within 1 month after completing the section, the items included in this property will remain free from the possibility of seizure by the bailiff.

Seizure of the right to divide transferred by the bailiff

The bailiff is obliged to inform all persons whom the creditor indicated in the submitted application, against whom the inheritance division is entitled, about the seizure of the right under which the debtor may request the division of property.

Through such notification, the indicated persons find out that it is the creditor and not the debtor who is entitled to claim the department, and they find out that what the debtor should receive from the department is covered by the bailiff's seizure.

The creditor may submit an application to the bailiff for a description of the seized property right. The attachment is effected upon notification of the persons against whom the debtor is entitled, and if there are no such persons, upon service of the notice of attachment on the debtor.