The Claim to the Inheritance Property: the Practice of Application

A claim to inherited property, the rules for filing which are established by Par. 3 of Art. 1175 of the Civil Code of the Russian Federation, gives creditors additional opportunities to protect their property interests. However, the lack of information from creditors about the acceptance of the inheritance, heirs, inherited property allows them to file a claim regardless of the fact and term of acceptance of the inheritance, the expiration of the limitation period and the availability of information about the inherited property and its value, and the main condition for satisfying such a claim is the actual existence of the inherited property.

The purpose of the study is to analyze the legal regulation of the liability of heirs who have accepted the inheritance for the debts of the testator, the correlation of the rules of law determining the liability of heirs with the practice of their application. The objectives of the study include the analysis of the practical application of legislation, explanations of higher courts in resolving cases related to the liability of heirs for the debts of the testator, as well as the definition of controversial issues arising when considering this category of cases.

In preparing the article, general scientific methods (analysis, synthesis, induction, deduction, comparison) as well as special methods of legal science (formal-legal, comparative-legal) were used.

The author notes the controversial nature of the issue of what claims against inherited property can be presented by a creditor when applying to the court, and concludes that the right to claim in the procedural sense, established by Par. 3 of Art. 1175 of the Civil Code of the Russian Federation, is in conflict with the possibility of presenting creditors’ claims only within the limitation period established for the relevant claims.