Notary Must Disclose Deceased's Debts

Until recently, heirs often discovered a deceased relative’s debts only after accepting the inheritance — when banks and debt collectors began presenting claims. Since 24 November 2025, this has changed.

What Federal Law No. 407-FZ Changed

Federal Law No. 407-FZ of 23.11.2024 imposed a new obligation on notaries: when opening an estate file, they must query the deceased’s debt obligations and notify the heirs in writing.

Specifically, the notary is required to disclose:

  • whether the deceased has a credit history;
  • whether there are outstanding debts and what their amount was as of the query date at the credit history bureau;
  • any other liabilities that came to light through other available sources.

The notification is sent in writing — by post, by email, or delivered in person.

Why This Matters

Inheritance carries debts. Under Article 1175 of the Civil Code, each heir is liable for the deceased’s debts up to the value of the property that passed to them. This is critical: a creditor cannot recover more than the value of the inherited assets. But if the debts are comparable to or exceed the assets, accepting the inheritance becomes a financial loss.

Previously, the heir had to personally query banks and credit bureaus — which required time, initiative, and access to information. The notary is now required to perform the basic check.

What Changes in Practice

Before learning about debts: Heirs who have doubts can first ask the notary for debt information and then make an informed decision — accept the inheritance or renounce it.

Time limit for the decision: Six months from the date of the deceased’s death (Article 1154 of the Civil Code). The notary must provide debt information within a reasonable period to allow the heir to make a considered decision.

Renunciation of inheritance: If debts exceed assets, the heir may renounce the inheritance (Article 1157 of the Civil Code). Renunciation is executed before a notary and is irrevocable. This is precisely why the new notification mechanism is a step in the right direction: it reduces the number of cases where people accept an inheritance and then receive court claims from banks six months later.

Limitations of the New Rule

The notary queries credit history bureaus and other sources available to them. But this does not provide a complete picture:

  • Debts owed to private individuals (loans from relatives, friends) are not reflected in credit history.
  • Utility arrears and tax debts are tracked by different authorities, access to which is limited for notaries.
  • Guarantees and bill-of-exchange obligations may not appear in a standard query.

Receiving a notification from the notary is therefore a first step, not an exhaustive check. For a significant estate, it is worth additionally checking the FSSP enforcement database, the commercial courts docket (kad.arbitr.ru), and making direct enquiries to major banks.

Missed Inheritance Deadline: A Separate Problem

A related issue is the missed six-month deadline. Many people assume: “I did not know about the death — the court will restore the deadline.” This is not correct.

The Supreme Court of the Russian Federation, in rulings No. 46-КГ20-28-К6 and No. 5-КГ25-51-К2, has consistently held that ignorance of the deceased’s death in itself is not a valid reason to restore the missed deadline. The heir must prove that they could not have known about the death due to circumstances beyond their control.

The simple unwillingness to maintain contact with relatives has been expressly identified as grounds for refusing to restore the deadline.

Practical Recommendations

  1. Contact the notary promptly — do not wait until the last weeks of the six-month period.
  2. Ask the notary for written notification of debts at the earliest opportunity.
  3. Also check the FSSP database and the commercial courts docket using the deceased’s name.
  4. Do not rush to accept the inheritance if there are grounds to suspect large debts — take time to investigate.
  5. If debts exceed assets — execute a formal notarial renunciation of the inheritance.

Frequently Asked Questions

The notary issued the inheritance certificate, then debts came to light — what now? Accepting an inheritance means accepting its debts. Each heir is liable for the deceased’s debts up to the value of the property that passed to them (Article 1175 of the Civil Code) — a creditor cannot recover more than that. If the notary failed to meet the legal obligation to notify you of debts, this is grounds for a complaint to the regional notary chamber.

If debts exceed the assets, must the heir still accept the inheritance? No. An heir may renounce the inheritance within 6 months of its opening (Article 1157 of the Civil Code). Renunciation is executed before a notary and is irrevocable. If debts clearly exceed the value of the estate, renunciation protects the heir from taking on those liabilities.

A creditor is demanding repayment of the deceased’s debts. How much am I liable for? Only up to the value of the property you inherited. If you inherit an apartment worth 3 million roubles and the debts total 5 million, your liability is capped at 3 million roubles. The creditor cannot lawfully demand more.

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Estate matters are strictly time-sensitive. If several months have passed since the death, consult a lawyer before the six-month deadline expires — not after.

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