Questions & Answers
Creditor's rights to claim a debt from the assets of the deceased
Hello Mr Mesk,
I would like to know if a Declaration of Heirs can be stopped before the sharing out of the inheritance by introducing a debt that the deceased had.
The jurisdiction to claim the debt would be Jordan (Amman), though the debt was produced in Spain and it is already recognised by the Spanish court and laws.
There is even a seizure order/sequestration order.
Thank you for your attention.
Peace Mercy and Blessings of God,
Greetings of Right and Arabism,
Dear Sir,
The answer to your question in general and brief is as follows:
According to the article (39) of the Jordanian Code of Civil Procedure:
" Cases involving inheritance or filed by the creditor prior to the division of the estate shall be the jurisdiction of the court in whose jurisdiction the place of the estate is open, as well as the proceedings brought by some heirs to some before the division of the estate ".
Thus, the law distinguishes between two cases. The first case is the case filed before the division of the estate and the jurisdiction of the court where the estate was opened.
The second case is the case filed after the division of the estate over the heirs. In this case, the creditor must file a claim against the heirs of the debtor jointly and severally in their personal and private property.
This shall be filed in the court where the property is located in the estate left (immovable property) to the heirs or the court in which the defendant's home is located if the deceased left funds transferred.
This is because in this second case the estate has been sorted into quotas and these quotas have been divided between the heirs according to the share of legitimacy.
Yours sincerely,
IMPORTANT NOTE: This written legal advice was given to an anonymous person without interviewing the person concerned and without reviewing the case papers. This legal consultation may change after studying the papers and understanding the details of the subject. The short written legal consultation is free of charge and respect for the principle of the rule of law and to ensure the dissemination of the legal culture which is the right of all. Accurate written legal advice on a particular case is not a free service.
