Is a child responsible for his or her parents' debts?

Verified 27 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The situation varies depending on whether the parent is alive or deceased.

The parent is alive

A child does not have to pay the debts of his parents, whatever the nature: unpaid invoices or credits, rent debts... 

Parents are committed to themselves and, as a result, do not commit their children.

So that the children are debtors debts incurred by their parents, there must be a voluntary commitment (and written) on their part. For example, when the child provides a guarantee for the rental of a dwelling or the taking of a loan.

The parent died

The child whose parent has died has different possibilities concerning the debts of the estate: pure and simple acceptance, acceptance up to the net assets, renunciation.

Outright acceptance

If the child agrees simply accepts the succession, it is debtor of his deceased relative.

Acceptance up to net assets

The child may also to accept the succession up to the amount of net assets. In this case, the debts of the deceased are paid with the estate's assets.

If there's a positive balance (ie, the amount of debt is less than the estate's assets), the child receives his share of the inheritance on what's left.

If there's a negative balance (ie, the amount of debt exceeds the estate's assets), the child gets nothing but he must not pay debts on his personal property. Its heritage is protected.

Waiver

A child who is unable or unwilling to pay the debts of the deceased parent may to relinquish the succession.

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