How to find successors
After the death of the debtor under the law of its debt passes to the heirs. However, it does not always know in advance exactly who succeeded the deceased and where to find these people. Heirs themselves are in no hurry to reveal itself to creditors, however, they are often not aware of their credits of the testator. In this case, the heirs have to look for. All information Open on the Crown case, including an announced heirs, can be obtained by a notary. Search through the heirs of the notary makes sense to start 6 months after the debtor's death.
Instruction how to find successors
Refer to the notary at the place of opening the inheritance. Desired a notary is determined by the place of residence (registration) of the deceased testator. In any reference specify who among notaries serving the designated territorial land.
According to Article 63 of the Fundamentals of Russian legislation on notaries write the lender a claim to the name of the notary. The claim of a creditor shall be presented to the testator's hereditary weight of the debtor. Indicate in the claim the amount of debt and its causes. The notary will review your claim to the Crown opened mass.
If a notary has a will of the deceased on the property or within the statutory six-month period for acceptance of the inheritance heirs showed up according to the law, in response to a complaint in writing to the notary will inform lenders about the presence of heirs. There will also be provided with information on detected objects of inheritance, to which should be in the future to pay a monetary penalty on the debt. The inheritance of objects may include movable and immovable property of the testator, as well as cash in bank accounts.
In the absence of heirs announced at the end of six months from the death of the debtor, on the basis of complaints filed notary is obliged to have a hereditary cause. Thus, the penalty will also be paid to the estate of a deceased person. The responsibility for the debts of the deceased can not be directed at the debtor's relatives if they become heirs of his estate. To dispose of their property as the testator may in his will in favor of complete strangers persons. Therefore, to find out who is the heir of the property and debts of the deceased can only be mentioned in this way.
In addition to these measures, in accordance with Article 1175 of the Civil Code creditors may file suit in court to enforce their rights. Write a statement of claim, where the defendant perform notary in charge of the inheritance of the deceased debtor. Point out that the claims are presented to the ancestral property of the debtor. If there is legal heirs or testamentary requirements will be redirected to them as to the proper defendants. Along with the claim the court provide documentary evidence of the debt of the deceased testator. Court finds heirs and identify each of its share of the debt in accordance with the relying part of the inheritance.