Who is responsible for debt after death?

Questioner

My father in law passed away 10 days ago. His partner is still alive and they were married. After his death, it turns out, completely unexpectedly, that both of them have a large debt. Question 1. Is my father-in-law's partner now fully responsible for this debt, or are the children now also responsible? Question 2. If I want to reject the inheritance, do I have to reject the inheritance within a certain period before I am automatically bound by it?

Lawyer

It is important to know whether there is a will. If so, you should consult that first. If there is no will, so-called statutory distribution applies after the death of your father-in-law. The consequence of this is that the children are liable to the creditors, but that they can ward off this liability by referring to the spouse of the deceased. That spouse is obliged to pay the debts to the creditors and to the children. The children therefore do not have to pay the debts. If you want to reject the estate (the heirship), you must do so by making a declaration at the registry of the court of the deceased's house. This costs approximately € 130 in court fees. If there are more heirs who want to reject, they can all do so together, then it also costs € 130. Once you have rejected, you cannot go back on it. There is no specific period within which you must reject. However, an interested party can ask the subdistrict court judge to set a term within which you must make a choice. If you then let that term expire, you are deemed to have accepted the estate unconditionally. If another heir accepts under benefit of inventory and you have not yet made a choice, you are also deemed to accept under benefit of inventory, unless you reject or accept unconditionally within three months.