[Direct answer]In the Beijing area, it is allowed. Legal claims belong to the estate and can be inherited and claimed by the heirs according to law. Article 112 of the Civil Code of the People's Republic of China stipulates that the estate is the personal legal property left by a natural person upon his death, and claims as property rights can be inherited according to law; Article 160 stipulates that the estate without heirs or legatees shall belong to the state or collective. After the inheritance begins, the heirs may require the debtor to repay the debt to the heirs, and the debtor may not refuse on the grounds that the creditor has died. When claiming, it is necessary to prove that the claim truly exists, is legally valid, and has not been repaid, and to include the claim in the estate list, which shall be exercised jointly by all heirs or in accordance with the agreement.

1. Problem background and typical scenarios

Before the decedent's death, he/she borrowed money from others, had accounts receivable or uncollected payments. After the decedent's death, the children want to recover the money for him/her, but are often fobbed off by the debtors with excuses such as "the promissory note is not in your name" and "the money is gone with the person". There are also cases where the heirs overlooked external creditor's claims when dividing the estate, which subsequently led to disputes. Whether the creditor's claims can be inherited, who should claim them, and how to claim them are issues that are often overlooked in inheritance cases but can significantly affect the beneficiaries' interests.

II. Key points of contention

The disputes focus on the following issues: first, whether the creditor's rights fall within the scope of inheritance; second, how multiple inheritors exercise the creditor's rights jointly; third, the authenticity of the creditor's rights and the defense of statute of limitations; fourth, the relationship between the division of creditor's rights and the debtor's repayment. The court's inclination is to confirm the inheritable nature of legitimate creditor's rights, and for all inheritors to share the creditor's rights in proportion; the debtor may raise defenses based on contract and statute of limitations rules, and whether the creditor's rights are established and can be realized needs to be based on evidence.

III. Professional analysis by Henglue Law Firm

The first layer is to first confirm the nature and validity of the creditor's rights: property-based creditor's rights such as loans, advances, project payments, rents, and compensation claims can all be inherited; the creditor's rights must be true, legal, and effective. Illegal creditor's rights such as gambling debts and illegal fundraising are not protected. The second layer concerns the subject and exercise method: after the inheritance begins, the creditor's rights are jointly inherited by all heirs; when claiming, they can sue as joint plaintiffs, or one heir can claim with the authorization of other heirs and then distribute the proceeds; if involving the division of the estate, the creditor's rights can be included in the division plan as a piece of property. The third layer focuses on evidence and statute of limitations: promissory notes, contracts, transfer receipts, account reconciliation records, and collection and communication records are key; at the same time, attention should be paid to the statute of limitations. If the heirs collect the debts after the death of the decedent, it can constitute an interruption of the statute of limitations, and timely claiming can avoid losing the right to win the case due to the expiration of the statute of limitations. The fourth layer deals with the debtor's defenses: the debtor may claim that the debts have been repaid, offset, have quality defects, or the statute of limitations has expired, etc. These claims need to be addressed one by one; for partially repaid debts, the actual amount should be deducted. The fifth layer concerns enforcement and realization: if the debtor refuses to perform after winning the lawsuit, the creditor can apply for forced execution and inquire into the debtor's assets; after the creditor's rights are realized, the proceeds should be distributed among the heirs in proportion to their shares to avoid secondary disputes. In an inheritance dispute handled by our firm, the parties claimed to inherit all the decedent's property and demanded a large sum of money on the grounds that the decedent's marriage was invalid. The court ultimately determined that part of the real estate should be handled according to the will, and the rest should be inherited according to law, and made clear determinations on the shares and compensation of the parties, showing that the clear definition of the scope of the estate and the sufficiency of evidence directly determine whether the claim can be established. The case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to sort out the external creditor's rights of the deceased and form a list of creditor's rights and a package of evidence; the second step is to consult with all the heirs to determine the claim method and distribution plan; the third step is to pay attention to the statute of limitations and timely collect debts with evidence; the fourth step is to apply for enforcement promptly after winning the lawsuit and distribute the proceeds among the heirs. The main legal basis: Article 1122 of the Civil Code of the People's Republic of China (Scope of Inheritance), Article 1124 (Acceptance and Renunciation of Inheritance), Articles 188 and 195 (Statute of Limitations and Interruption), and Article 545 and following (Rules on Creditor's Rights Transfer); the Civil Code came into effect on January 1, 2021, and the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding creditor succession: legal creditor claims are considered part of the estate, and debtors cannot refuse to repay on the grounds that the borrower has passed away; all heirs must jointly assert their claims, and the distribution plan must be clarified first; it's important not to overlook statutes of limitations and evidence of collection efforts; and after winning the lawsuit, you should also monitor the enforcement process. For matters involving inheritance and creditor claims, you can seek assistance through legal channels.\nInheritance of property and division of family assetsThe service provides a comprehensive solution that integrates debt recovery and enforcement.Creditor's rights and debts, and enforcementFor reference, you can check the sections related to contracts and accounts receivableBusiness and contract disputes in enterprisesFor columns related to difficult property issues, you can seek advice from usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the children of the deceased, who are creditors, pursue the debts of the deceased's estate?

Yes. Legal claims are part of the estate, and the heirs can inherit them and claim them from the debtors. The debtors cannot refuse to repay the debt on the grounds that the creditor has died.

Q2: What evidence is required to assert a claim for debt repayment?

The promissory note, contracts, transfer receipts, reconciliation and collection records, communication records, and materials regarding the identities and inheritance relationships of all heirs.

Q3: How much do debt collection lawsuits cost?

The litigation fees are charged based on the amount of the claim, with higher fees for larger claims; the attorney's agency fees are related to the difficulty of recovery, and settling the case through mediation can reduce costs.

Q4: How long does the cycle of such cases last?

The assessment and identification process takes an additional three to six months under the simplified procedure; the enforcement stage after a successful judgment is not included in this timeframe.

Q5: What should I do if the debtor says they have already repaid the debt?

They are required to provide evidence of the repayment facts and verify each transaction in detail. For those with actual evidence of partial repayment, the amount will be deducted accordingly. Claims of repayment without evidence are generally not accepted.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.