The first thing to know
Debts do not disappear on death. They form part of the estate along with the assets.
The second thing: you are not obliged to take them on. There is a way to accept only the good part, and a way to accept nothing at all. Both require you to act. Doing nothing is not a defence.
Accepting subject to an inventory, rather than renouncing
People usually know about renouncing and do not know about accepting subject to an inventory. So they miss the better option.
When you accept subject to an inventory, you accept the estate, but you answer for the liabilities only up to the value of what you received. If the assets cover the debts, they are paid from the estate. If they do not, the creditor cannot reach your own property.
The difference from renouncing is simple. Renouncing cuts you off from everything, including a house that may be worth more than the debt. An inventory keeps the chance that something is left.
Acceptance subject to an inventory is not open-ended. If you suspect there are liabilities, time is working against you.
How you find out what is there
Loans show up. Guarantees do not.
The most common surprise is not a mortgage but a signature the person gave years ago for a relative or a colleague and then forgot. The obligation is still alive and it passes to the heirs.
What also gets checked is whether enforcement proceedings have already been opened, whether there is a judgment, and how far the liabilities have become time-barred. Sometimes a debt exists on paper but can no longer be collected.
Touch nothing until you have decided
If you take money from the deceased’s account or deal with their property, that counts as acceptance. After that neither renunciation nor an inventory is available, and you answer for the liabilities in full.
This is the mistake people make out of good intentions. Someone pays an electricity bill so the power is not cut off at the house, and without knowing it, they have accepted the estate.
If you are abroad
You do not need to come. The check is done through documents and registers, and the step itself can be handled through representation.
Related
Renouncing an inheritance and inheriting from abroad.
What I will need
The death certificate, a certificate of heirs, and every letter you have received from a bank, a debt collection company, a bailiff or the revenue authority. Even the ones you have not opened.
This page provides general information and does not constitute legal advice on any specific case. Rights and deadlines depend on the facts and the applicable law.