Heir’s liability for the deceased’s debts

The debts of a deceased person are passed on to the heir. The heir is liable for the deceased’s debts in full. If there is more than one heir, they are all jointly and severally liable for the deceased’s debts. The heir is also required to cover the costs of the deceased’s funeral and of procuring the deceased’s place of burial. Funeral costs are primarily covered by the estate.

An heir may limit their liability for the deceased’s debts by accepting the estate under the privilege of inventory. An heir who has exercised the privilege of inventory pays the deceased’s debts up to the value of the inheritance acquired. Each heir who has exercised the privilege of inventory is liable for the deceased’s debts jointly and severally with the other heirs, but a creditor may demand payment from each heir exercising the privilege of inventory only up to an amount corresponding to their share of the estate.

The drawing-up of an inventory of the estate has no legal effect on the extent to which an heir who has not exercised the privilege of inventory is liable for debts. Where multiple heirs have not exercised the privilege of inventory, those heirs are jointly and severally liable for the deceased’s debts.