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The debts of the deceased

If someone close to you dies, you do not only inherit their assets, but automatically also their debts - these become your own personal debts. If there are several of you as heirs, you are jointly and severally liable for them, with your entire personal assets. You can avoid this: by disclaiming the inheritance within three months, by a public inventory, which limits your liability to the debts listed in it, or by official liquidation, under which you are not personally liable at all. First get an overview of the assets and debts, and do not interfere in the estate before you have decided. Short time limits apply to all these steps.

Reviewed by a lawyer on 30 September 2026Official sources

Watch out

As long as you have not decided, do not interfere in the estate. Anyone who interferes in the affairs of the estate, carries out acts that go beyond mere administration and continuing current business, or takes possession of or conceals items belonging to the estate, loses the right to disclaim the inheritance later. Acts that are necessary for mere administration, such as locking up the flat or going through the post, do no harm. Where the line lies is decided case by case; if in doubt, do not pay the deceased's debts until you have decided. Merely obtaining a certificate of inheritance does not by itself count as interference. Caution is needed with legal actions, realising estate assets, or taking valuables for yourself.

ZGB · Art. 571BGE 133 III 1, E. 3.3.1

You can disclaim the inheritance. You have three months to do this. For statutory heirs, the time limit generally begins as soon as you learn of the death, and for people named in the will, as soon as you receive official notification of the disposition on death. If the deceased was officially established, or was evidently, insolvent at the time of their death, your disclaimer is presumed by operation of law. How you disclaim, what form this requires, and what a disclaimer means for your own children, is explained in the guide on disclaiming an inheritance.

ZGB · Art. 566ZGB · Art. 567

You must request the public inventory within one month, so considerably earlier than the three-month time limit for disclaiming expires. For statutory heirs, the one-month time limit generally begins as soon as they learn of the death, even if a will restricts them to their statutory entitlement. The law does not provide for an extension of this time limit. Whether the authority may nonetheless exceptionally set a new time limit is disputed and has not been decided by the Federal Supreme Court. So expect a late request to fail. However, you can still disclaim the inheritance for as long as the three months are running. If you are unsure whether the estate is over-indebted, act within the first few weeks for this reason.

ZGB · Art. 580ZGB · Art. 567BGE 138 III 545, E. 2.4BGer 5A_998/2020 vom 25. Juni 2021, E. 4.2.1

For debts of the deceased, no debt enforcement may be brought against the estate or against you as an heir during the first two weeks after the death; this standstill also lasts for the whole of the further time allowed to you for disclaiming or accepting the inheritance. Debt enforcement proceedings already brought during the deceased's lifetime can afterwards be continued against the estate as such; they then only affect the estate's assets, not your own. Once the time limit for disclaiming has expired, creditors can also bring debt enforcement against you personally; if you accepted under public inventory, only for the debts listed in the inventory.

SchKG · Art. 59BGE 116 III 4, E. 2

What to do

  1. First get an overview before you decide. Go through the deceased's post, in particular invoices, reminders and letters from debt enforcement offices. Ask their bank or banks for account statements and the state of their assets. The competent tax office can provide information on the most recent tax assessments. At the debt enforcement office at the deceased's last place of residence, you can, as an heir, request a debt enforcement register extract for the deceased; several open debt enforcement proceedings or certificates of shortfall are a clear warning sign of an over-indebted estate. If doubts remain, request a public inventory in time, rather than committing yourself too hastily.

The law

When a person dies, their entire estate passes to the heirs by operation of law - automatically and as a whole, without you having to do anything for it. This applies not only to bank balances, land and other property, but also to the debts of the deceased: they become your own personal debts. If there are several of you as heirs, you are jointly and severally liable for them: any creditor can demand the whole debt from a single one of you, even if that person has only a small share of the estate. You are liable for this with your entire personal assets, not only with what you have inherited. This can only be avoided if you disclaim the inheritance, accept it under public inventory, or request official liquidation.

ZGB · Art. 560ZGB · Art. 603BGE 131 III 49, E. 2.2

If you were married to the deceased, or connected to them by a registered partnership, you are not liable for their debts simply because of this. What matters is solely whether you are an heir. There is an exception for the family's everyday needs: if, during their lifetime, your spouse represented the marital union for such everyday needs and thereby incurred a debt, you can already be personally and jointly liable for this as a spouse - independently of any inheritance. For all other debts of the deceased, the rule is: you are only liable if, and because, you inherit.

ZGB · Art. 166ZGB · Art. 603

Not everything that reaches your family belongs to the estate for which you are liable. A life insurance policy for which the deceased expressly named a beneficiary gives that person their own right to the insurance benefit; the claim does not belong to the estate. If the beneficiary is the spouse, the registered partner, or a descendant, this claim is also protected from being seized by the deceased's creditors. Survivors' benefits from the pension fund go to specific people under the fund's own rules on beneficiaries, and do not follow the rules of succession.

VVG · Art. 76VVG · Art. 78VVG · Art. 80BVG · Art. 20a

Even someone who disclaims the inheritance can still be liable on one point: if you received assets from the deceased, insolvent person within the last five years before their death that would have to be brought into hotchpot on a division of the estate, you are liable to the creditors to that extent despite the disclaimer. Exempted are the customary endowment on marriage and the costs of upbringing and education. If you acted in good faith when you received the assets, you are only liable to the extent that you are still enriched.

ZGB · Art. 579

Instead of disclaiming, you can request a public inventory. Anyone who would also be entitled to disclaim is entitled to do this. You submit the request to the competent authority in the same form as a disclaimer. If one heir submits the request, it also applies to the others; you do not have to submit it jointly. The public inventory initially gives you more time and information; it is not yet an acceptance of the inheritance.

ZGB · Art. 580

The competent authority draws up, under cantonal law, a list of all the assets and debts of the estate, with a valuation. Anyone who can give information about the deceased's financial affairs must give the authority all the information requested; you too, as an heir, must tell it the debts known to you. When drawing up the inventory, the authority publicly calls on the deceased's creditors and debtors to register their claims and debts within at least one month; creditors are informed of the consequences of failing to register in time. Debts and assets apparent from public records or from the deceased's papers are entered in the inventory by the authority of its own motion. Once the registration period has expired, the inventory is closed and then remains open for inspection for at least a further month.

ZGB · Art. 581ZGB · Art. 582ZGB · Art. 583ZGB · Art. 584

Once the inventory is closed, you are asked to declare your position within a further month: you can disclaim the inheritance, request official liquidation, accept the estate under public inventory, or accept it unconditionally. For good cause, for example to obtain valuations or settle disputed claims, the authority can grant you a further time limit. If you make no declaration within the time limit, the estate is treated as accepted under public inventory.

ZGB · Art. 587ZGB · Art. 588

If you accept the estate under public inventory, only the debts listed in the inventory pass to you; for these you are liable both with the estate and with your own assets. For debts that a creditor did not register, you are afterwards liable neither personally nor with the estate - unless the creditor was not at fault for this, or the claim was not entered despite being registered; in that case you are still liable to the extent that you are enriched from the estate. Claims secured by a lien on assets of the estate can be asserted in any case.

ZGB · Art. 589ZGB · Art. 590

Instead of disclaiming or accepting under public inventory, any heir can request official liquidation. As soon as even one co-heir accepts the estate, this request can no longer be granted. Under official liquidation, you do not become liable for the debts of the estate; only the estate itself is liable.

ZGB · Art. 593

Creditors of the deceased can also request official liquidation if they have good reason to fear they will not be paid, and are neither satisfied nor given security on their request. They must do this within three months of the death or of the opening of the disposition on death.

ZGB · Art. 594

Official liquidation is carried out by the competent authority or by a liquidator it appoints, under the authority's supervision. It begins with an inventory together with a public call for claims, as with the public inventory. Ongoing business is wound up, claims of the deceased are collected, their obligations are performed, and their assets are converted into cash; land is sold at public auction, unless all the heirs agree to a private sale. Whatever is not needed for the liquidation can be handed over to you, in whole or in part, even during the proceedings. If it turns out that the estate is over-indebted, it is instead liquidated by the bankruptcy office under the rules of bankruptcy law.

ZGB · Art. 595ZGB · Art. 596ZGB · Art. 597

Costs

The costs of the public inventory are borne primarily by the estate. If its assets are not enough for this, they are borne by the heirs who requested the inventory.

ZGB · Art. 584

Advice

Get personal advice if the financial affairs are large, unclear or disputed, if the deceased ran a business or a sole proprietorship, if land in Switzerland or abroad belongs to the estate, if the deceased entered into sureties or guarantees, if co-heirs live abroad, or if you are unsure whether a time limit is already running or has already expired. Because the time limits are short, you should not wait to do this.

Help

Free or low-cost help: many cantons offer free or low-cost legal information, often through the courts or the bar associations. Notaries' offices regularly hold public information days on inheritance questions. Pro Senectute also advises older people and their families on inheritance questions. If minor children are heirs, the child and adult protection authority (KESB) can be involved to safeguard their interests in the estate.

Scope

The liability of heirs for the debts of a deceased person: what passes automatically on death, how you find out whether an estate is over-indebted, the public inventory, official liquidation, disclaiming the inheritance as an option, and protection from enforcement in the first weeks after the death.

Not covered: How you disclaim an inheritance in detail - the form, the time limit in detail, interference and the consequences for your own children - is covered by the separate guide on disclaiming an inheritance. Not covered here are the calculation of statutory entitlements, dividing the estate among the heirs, cross-border succession law, and inheritance and gift tax.

Sources

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