When a relative dies and leaves debts, heirs repay only out of the estate they inherit; if you don't want to take it on, state in writing that you renounce the inheritance before the estate is divided
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In plain words
When a person dies, their debts do not disappear with them. But heirs such as children and a spouse repay only out of the share of the estate they inherit, and do not have to pay the shortfall out of their own pockets. If you don't want anything to do with the debt, write a statement renouncing the inheritance before the estate is divided; the estate then goes too. Staying silent counts as accepting the inheritance.
Mentioned in
- Money scattered in different places has to be collected one by one: the housing provident fund balance, social insurance benefits, and work-injury benefits
- After a family member dies, don't assume you must go to a notary first for the inheritance: deposits of up to 50,000 (5ไธ) CNY at one bank can be withdrawn directly at the bank, and a house is handled by all the heirs together at the real estate registration office
- Don't treat death as a way to clear a debt: life insurance doesn't pay out within two years, work injury is not recognized, and debts still come out of the estate first
Translated from the Chinese original. Original book, section 25, tip 11. This section describes legal rules, mostly mainland Chinaโs. It is general information, not legal advice; for your own case, talk to a lawyer. Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you. Disclaimer