Liability of Heirs for the Deceased’s Debts

The new Civil Code (Act No. 89/2012 Coll.) has fundamentally changed the liability of heirs for the deceased’s debts. New regulation is to be used if a deceased died after 1^st January 2014.

According to the old Civil Code (Act No. 40/1964 Coll.), the heir was liable for the deceased’s debts up to the amount of the value of the acquired inheritance. According to the new Civil Code, the heir is fully liable, i.e. he may also be liable with his entire property.

This consequence may be eliminated if the heir exercises an objection called “reservation of listing”. Notary public, eventually a personal representative or the heir afterwards draws up a list of the entire property of the deceased and appraises its value. If the heir exercises an objection, he is liable up to the amount of the value of the acquired inheritance, i.e. just as according to the old Civil Code.

Known creditors are notified of the list of property and are entitled to make themselves familiar with the list and to comment on it. If the creditor proves that the list of the property is not true to a larger extent, the effects of the objection are revoked and the heir is responsible for the debts as if he has not exercised the objection, i.e. he is fully liable for debts of the deceased.