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What are the debts of the estate? How the satisfaction?

What are the debts of the estate? How the satisfaction?


Debt is an inherited deaths of so-called heritage fashion owed taxes, debt. From practice in the occurs of situation view, heritage debt main including following several class: (1) was heir living in accordance with the in China tax law provisions should paid of tax; (2) was heir due to contract of debt by owed Xia of debt; (3) was heir due to infringement behavior and should bear of damage compensation; (4) was heir due to improper Deli and bear returned improper deli of debt; (5) was heir due to others no management and should bear of costs; (6) other personal debt.


Should first discharge is heir of the estate should be the payment of taxes, second priority to discharge various debt owed by heirs before death. But pay taxes and debt are limited to actual value of his legacy. In addition, if the heir has no source of people lack the ability to work, even if the lack of legacy debt should also be reserved for its appropriate heritage, and then by the 33rd and the inheritance law the provisions of the code of civil procedure section 180th debt.


Sometimes, the heir has will heritage segmentation finished only found also has is not settlement debt of, this is should by following approach settlement: (1) as has statutory heir and has will inherited and bequest of, first by statutory heir with its proceeds heritage settlement debt; (2) Dang statutory heir by inherited of property does not enough to settlement debt Shi, remaining of debt by will heir and by bequest people by proportion with proceeds heritage reimbursement; (3) if only will inherited and bequest of, by will people and by bequest people by proportion with proceeds heritage reimbursement.

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