Family needs it. Paying off debts is also a part of the inheritance. Generally, the debts are paid off first, and then the remaining inheritance is distributed.

article 33 of the inheritance law: when inheriting an estate, the taxes and debts that the decedent should pay according to law shall be paid, and the payment of taxes and debts shall be limited to the actual value of his estate. If the part exceeds the actual value of the estate, the heir will voluntarily repay it.

if the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law.

article 34 the execution of bequests shall not hinder the settlement of bequests, which shall be paid by the legatee according to law? Pay taxes and debts.

Extended information

Case: Lin and Meng were colleagues in the same unit. Since May 21, Meng has borrowed money from Lin for many times. In order to ensure timely repayment, the two sides not only signed a loan agreement or loan contract every time they borrowed money, but also gave his salary card to Lin for safekeeping and repaid the loan with his salary.

as of September 212, Meng borrowed 124, yuan from Lin, and repaid 83,6 yuan to Lin through the salary card * * *, with the remaining arrears unpaid. In June 213, Meng was killed in a traffic accident while going out to work. According to the law, Meng's parents are the first heirs of his son.

in addition, in February 21, Meng signed a commercial housing sales contract with a real estate development limited liability company, and Meng bought a set of residential commercial housing from the company. The real estate development limited liability company received a down payment of 22,1 yuan from Meng. In March 21, Meng applied for a provident fund loan with a loan amount of 86, yuan. By the time of Meng's accident, Meng's salary had been deducted from the loan of 9,4 yuan.

in July p>213, Meng's mother withdrew the balance of his personal provident fund account of 23, yuan, and paid off the remaining house payment on the same day. In the same month, Meng's mother obtained the land certificate and real estate license of the house.

Lin learned that Meng's parents inherited Meng's property, that is, asked his parents to repay his son's debts on his behalf. Meng's parents didn't know whether his son owed money before his death, and they didn't dare to believe the loan contract presented by Lin easily, so they refused Lin's recovery.

On September 2, 213, Lin filed a lawsuit in Yiwu County People's Court, taking Meng's parents as defendants, applying for property preservation, and requesting to seal up and detain two defendants to inherit a house of Meng. Yiwu county people's court made a civil ruling, ruling: seal up, detain and freeze a commercial house of the defendant.

in the first instance, the court confirmed the authenticity of the loan contract (agreement) and payroll card withdrawal record submitted by the plaintiff Lin by comparing the details of Meng's payroll card withdrawal submitted by the plaintiff Lin with the details of the agricultural bank card retrieved by the court, and concluded that the loan relationship between the plaintiff Lin and Meng was true and effective. So Meng's parents were sentenced to repay Meng's debts within the scope of Meng's estate and pay the plaintiff Lin 28,9 yuan.

after the verdict was pronounced by the court of first instance, Meng's parents refused to accept it, and appealed to the Hami District People's Court, claiming that the facts were unclear in the verdict of first instance and the applicable law was improper, and they demanded that the appellee be sent back for retrial or changed his sentence to reject the appellee's claim.

The Civil Division of Hami Intermediate People's Court decided to form a collegiate bench. After sorting out the case, it was agreed that Meng's parents, as the first heirs of his son, were responsible for paying off his son's debts. So he presided over the mediation, prompting the original defendant and the defendant to finally reach an agreement. Meng's parents paid Lin a loan of 17,4 yuan with interest of 6, yuan, totaling 23,4 yuan, which was paid off on February 27, 214.

People's Daily Online-According to the case, the heirs of the estate have the obligation to repay their debts.