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Inheritance with Debts: What Heirs Are Obliged to Pay in Ukraine

Heirs and Debts in Ukraine
Спадщину з боргами: Які фінансові зобов'язання покладаються на спадкоємців в Україні

Heirs and Their Obligations in Ukraine

Heirs in Ukraine assume not only the assets but also the financial obligations of the deceased, according to information from the Ministry of Justice of Ukraine. This means that upon accepting the inheritance, heirs automatically acquire all rights and responsibilities that existed at the time of the testator's death. It is important to note that the acceptance of inheritance cannot occur partially – either all assets and debts or a complete refusal.

Debts of the Testator

The debts of the testator include:

  • unpaid loans;
  • utility payments;
  • alimony debts;
  • other obligations.

Heirs are obliged to notify the creditor about the opening of the inheritance. According to Article 1281 of the Civil Code, the creditor has six months to assert claims after receiving the inheritance certificate. The notary informs the creditor within two working days after issuing the certificate if there are encumbrances on the property.

Each heir is responsible for the debts in proportion to their share of the inherited property. Payments for debts are made in a lump sum unless otherwise stipulated in the agreement. An heir always has the right to accept or refuse the inheritance according to the law or will. This information highlights the importance of a careful approach to the inheritance process, as heirs receive not only assets but also the responsibility for the deceased's debts.

These rules can significantly impact the financial situation of heirs, as accepting an inheritance without adequate analysis may lead to unforeseen expenses. It is essential for heirs to thoroughly examine not only the assets but also the testator's obligations to avoid potential financial difficulties in the future. Given this information, consulting professionals such as notaries or lawyers may be beneficial for properly assessing the situation.

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