You find out that a loved one has left you in decline. However, you do not really know what comes into its composition. Usually, when we get a drop, we think that we will get a lot out of it. However, it can actually be the opposite – in the fall can be long. How can we check if the testator was in debt?
In the legacy, we can get all kinds of debts. Most often these are debts related to loans and credits taken, both those offered in banks and non-bank loans. In addition, the testator could have private loans, i.e. from other persons, both related and unrelated. In a fall, we can also get an indebted flat, with unpaid rent and other bills. Of course, the matter is also complicated when the testator had his own company, which may also have arrears in relation to its contractors and employees.
Unfortunately, the quick determination of all the deceased’s obligations is not as easy as it may seem.
Where to find information?
If no one in the family knows whether the testator was in debt, or we can not find documents that can confirm it, we must use other methods.
Registry such as BIK and BIG, such as ERIF and KRD, can help. When acquiring information, let us refer to the ongoing proceedings for declaring the acquisition of inheritance and include the death certificate of the testator. Unfortunately, not all databases provide this type of information. We can meet with the argument that it will be possible to grant them only if we decide to accept the inheritance.
In order to check if the deceased had debts, we can also submit an application in court regarding the implementation of the so-called inventory. It is carried out by a bailiff whose task is to assess the composition of the estate. The document will allow us to determine if the testator had debts, and thus we can easily decide how we want to take a drop.
By default, we accept a fall with the benefit of the inventory
Only a few years ago, we accepted a fall directly by default. This meant that we received both assets and liabilities, that is, debts. When we did not want to get in debt, we had to inform the court within half a year or submit documents in the notary’s office to give up the inheritance or to accept it with the benefit of the inventory.
Currently, we accept the fall with the benefit of the inventory. This means that we will only get a drop to the number of debts. So if we can get both assets and liabilities as part of the inheritance, then the number of liabilities will not exceed the assets. In the best case, we will get something extra when the assets are greater than the liabilities, while in the worst case we will not get rich on the decline.
In order to take advantage of the option of accepting the inheritance with the benefit of inventory, we do not have to do anything. If we want to accept a drop directly or reject it, we must submit the appropriate documents. As mentioned earlier, it is possible in a court or in a notary’s office. Let us remember about the term of six months from the moment of the death of the testator or the moment when we found out about it.