Execution and Inheritance – What Happens with Debts After Death
The loss of a loved one is painful enough. But what if, in the middle of mourning, you receive a letter from a bailiff stating that the inheritance is under execution? Many people don’t realize that an inheritance can come with obligations. In some cases, the heir may accept property burdened by debts or even already under execution – and thereby take on full responsibility.
📌 This article is part of the complete legal guide for debtors: Debt Enforcement in the Czech Republic – Complete Guide for Debtors (Velký rozcestník)
People often ask: can I inherit an execution from a deceased parent? What if it had already started before their death? How are debts handled in inheritance proceedings? Am I obliged to pay everything? And is there a way to avoid it? Here you’ll find clear answers and practical recommendations.
What you will learn in this article
– How debts and executions are handled in inheritance
– What “benefit of inventory” means
– When and how you can renounce inheritance
– How to avoid taking on debts unknowingly
– What to do if a bailiff already blocked the inheritance
⚖️ Does the execution pass to the heir?
Not directly. The enforcement proceedings themselves do not transfer to the heirs, as they were initiated against the deceased person. But the debts do – including those that caused the enforcement. That means if the heir accepts the inheritance, they also accept liability for the debts, and creditors (including the bailiff) may now go after the heir’s assets.
📌 Options available to the heir
Renounce inheritance – you must do this within 1 month of being informed by the notary. It cannot be undone.
Accept with the benefit of inventory – you are liable only up to the value of the inherited property.
Accept without limitation – you are liable for all debts, even with your personal assets.
🧾 Case from practice
A man inherited a family house and car from his father. But he didn’t know the father had an unpaid loan and an ongoing execution. Right after the inheritance proceedings were concluded, the bailiff resumed the process and began seizing assets. Since the son accepted the inheritance without limitation, he had to pay the full debt – even though he had nothing to do with the loan.
🚩 Risks and common mistakes
– Inheritance accepted without limitation (automatically)
– Heir didn’t check with the notary about possible debts
– Heir assumed the inheritance “just comes through”
– No inventory of assets and liabilities was carried out
✅ Lawyer’s recommendation
If you suspect the deceased had debts or enforcement proceedings, always:
– accept inheritance with benefit of inventory
– ask the notary for an overview of outstanding debts
– consider renouncing the inheritance if debts outweigh the assets
A wrong decision can have serious consequences. A bailiff won’t care that you were “just the heir.”
Need legal help?
I can help you navigate the inheritance process and avoid being held liable for debts. I work online, fast, and for a fixed fee starting at CZK 2,500 (VAT excluded). One early legal consultation can save you thousands. Just get in touch – we’ll solve it together.
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- Naposledy aktualizováno: 19/08/2025
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Execution and Inheritance – What Happens with Debts After Death
Print The loss of a loved one is painful enough. But what if, in the middle of mourning, you receive a letter from a bailiff