Since, under current legislation, an heir who has accepted the inheritance is obliged to settle the deceased’s debts within the value of the inherited property, the heir must be informed of the full scope of the deceased’s liabilities before obtaining the certificate of inheritance rights. This is why the legislator allows claims to be submitted exclusively within a six-month period from the opening of the inheritance, thereby ensuring the heir’s opportunity to make an informed decision regarding acceptance of the inheritance.
The proper legal presentation of a claim is a crucial prerequisite for the recovery of a loaned amount (loan agreement), therefore the process must be approached with full responsibility, and, in the absence of a comprehensive legal regulation, potential risks should also be anticipated.
Let us address each claim separately:
- A creditor’s claim may be submitted only to persons defined by law. If you have learned that inheritance will take place under a will (i.e., the deceased has made a will during their lifetime) and an executor is appointed in the will, then the monetary claim may be submitted to the executor.
The executor is the person named in the will who has agreed to carry out the instructions specified in it after the testator’s death. The executor is obliged to take measures for the preservation and administration of the inheritance, to notify heirs of the opening of the inheritance, and to perform other actions required for the execution of the will.
Given the executor’s active role in the inheritance process, including interactions with heirs, the legislator allows creditors to submit claims through the executor, assuming that heirs named in the will will also be informed of the deceased’s debts.
However, it should be noted that the existence of a will does not necessarily imply the existence of an executor. Moreover, even if an executor exists, it is recommended to use the available time effectively and identify potential statutory heirs, since inheritance may be distributed fully or partially under statutory succession rules regardless of a will.
The inheritance process is inherently unpredictable. Depending on whether inheritance occurs by will or by law, the heirs may differ. In addition, heirs may refuse the inheritance, which may further alter the composition of heirs.
Since current legislation regulates creditor claims only superficially and does not address many practical situations, it is advisable to submit claims not only to the executor (if any), but also to potential statutory heirs.
Who are the statutory heirs?
Under current law, there are four classes (orders) of heirs, each of which is called to inherit only if the previous class does not inherit.
First-order heirs include the deceased’s parents, children, and spouse. Therefore, the creditor should direct claims to these individuals first.
If they are absent, inheritance passes to the next order.
Second-order heirs include siblings (full or half-blood). Nephews and nieces may inherit by representation.
Third-order heirs include grandparents from both paternal and maternal sides.
Fourth-order heirs include uncles and aunts of the deceased (siblings of the parents), and their children may inherit by representation.
Thus, potential heirs must be identified promptly, as the creditor’s right to submit a claim is time-limited.
- Claims must be submitted within six months from the date of death of the debtor (deceased). This is a mandatory legal requirement, and failure to comply results in the loss of the creditor’s right to submit a claim later. The law does not provide for restoration of this deadline, even if the creditor learns of the death after the deadline has expired.
- Claims must be submitted in writing in a manner that allows the creditor to prove submission in case of dispute. Such proof may include postal receipts or acknowledgment of receipt of the claim by the recipient. The Supreme Court of Armenia has also recognized the filing of a lawsuit against a potential heir within the six-month period as a valid form of claim submission.