How not to lose millions on an inheritance
Why accepting an inheritance can turn into a financial trap rather than a windfall, and how to check the deceased's real obligations before filing with a notary.
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An inheritance is often seen as a clean win: if the apartment is worth several million and the debts are "not much," the difference is your profit. In practice, the deceased's debts are rarely visible all at once, and accepting an inheritance partially - the asset without the obligations - isn't legally possible. Here's how to properly assess an inheritance before filing with a notary.
Debt is capped at the estate's value, but that's not protection from a loss
By law, an heir is liable for the deceased's debts only up to the value of the property received - nothing can be collected beyond that amount. But that doesn't make accepting the inheritance safe: if the total debt is comparable to or exceeds the asset's value, you won't profit from the inheritance at all - you'll spend your own money on paperwork, valuation and upkeep of the asset.
An inheritance can be accepted "in fact," without ever visiting a notary
The law recognizes an inheritance as accepted not only through a formal notary filing but through actual conduct: if you live in the apartment after the owner's death, pay its utility bills, or take belongings from it, that counts as factual acceptance of the inheritance - with every obligation that comes with it. You can't accept the asset separately and decline the debts: an inheritance is accepted as a whole or not at all.
Since November 2025, a notary must check the deceased's credit history
Federal Law No. 407-FZ requires notaries to request the deceased's credit history no later than three business days after opening the inheritance case, through the Central Catalog of Credit Histories and then through the specific bureaus where it's held. The notary must inform the heirs of the results. This doesn't cover every source of debt - court judgments, debts already with bailiffs, and microloans don't always show up in a credit history.
Why the real debt figure often turns out higher
A credit history covers only bank loans, and only those recorded with that specific bureau. A full picture requires cross-checking several sources: the credit history from every bureau, the bailiff service's website, and the case files of general jurisdiction and magistrate courts where the deceased lived. A separate risk category is a mortgage with no life insurance on the borrower: without it, the bank can demand early repayment or foreclose on the apartment.
Why a share in an awkward asset can cost more than it earns
If the inheritance is a share in an apartment, house or land plot, that share's real value is often noticeably below its proportional slice of the property's full market price. Picture this: an heir receives half of a one-room apartment, while the other co-owner already lives in the other half and is willing neither to sell their share nor buy out the heir's. Selling such a share on the open market is nearly impossible - there's no demand for it. Meanwhile, property tax and upkeep still have to be paid, whether or not the share can actually be put to use.
What to check before accepting an inheritance
- Wait for the notary's report on the deceased's credit history - the law requires them to request it within three business days of opening the inheritance case.
- Check the bailiff service's website for any open enforcement proceedings.
- Search the case files of general jurisdiction and magistrate courts where the deceased lived.
- Ask the bank whether any mortgage was insured against the borrower's death.
- If the inheritance is a share in a property, ask the other co-owners whether they're willing to sell before valuing the share at the full property's market price.
- If the total debt is comparable to or exceeds the asset's value, consider formally declining the inheritance through a notary.
Not sure whether to accept an inheritance
Describe the situation by phone - we will help assess the inheritance's real value net of debts and tell you what to do next.
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