How to find heirs
06.07.2023 0 комментариев
How to find heirs
After the death of the debtor, his debt by law passes to the heirs. However, it is not always known in advance who exactly succeeded 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 heirs have to search. All information on the opened inheritance case, including the announced heirs, can be obtained from a notary. Search heirs through a notary, it makes sense to start 6 months after the death of the debtor.
Contact the notary at the place of opening of the inheritance. The notary you need is determined by the place of residence (registration) of the deceased testator. In any directory, specify which of the notaries serves the specified territorial area.
According to Article 63 of the Fundamentals of Russian Legislation on Notaries, write a creditor’s claim addressed to the notary. The claim from the creditor is presented to the estate of the testator-debtor. Indicate in the claim the amount of the debt and the reasons for its occurrence. The notary will consider your claim to the opened hereditary mass.
If the notary has a will on the property of the deceased or heirs by law appear within the six-month period established by law for accepting the inheritance, in response to the claim, the notary will inform the creditors in writing about the presence heirs. Information will also be provided on the discovered objects of inheritance, which should be further levied on the debt. The objects of inheritance may include movable and immovable property of the testator, as well as funds in bank accounts.
In the absence of declared heirs after six months from the death of the debtor, on the basis of the submitted claim, the notary is obliged to start a succession file. Thus, it will also be possible to foreclose on the property of a deceased person. Responsibility for the debts of the testator cannot be directed to the relatives of the debtor, if they have 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 is the heir to the property and debts of the deceased only in the above mentioned way.
In addition to these measures, in accordance with Article 1175 of the Civil Code of the Russian Federation, creditors can file a lawsuit in court to secure their rights. Write a statement of claim, where the defendant will be a notary in charge of the inheritance of the deceased debtor. Specify that claims are made against the debtor’s estate. Upon detection heirs by law or by testament, claims can be redirected to them as due defendants. Together with the claim, provide the court with documentary evidence of the debt of the deceased testator. The court will establish heirs and determine to each his share of the debt in accordance with the due part of the inheritance.