[Direct answer]In the Beijing area, according to the provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) regarding changes in the subject of enforcement, if a citizen who is the subject of enforcement dies, his or her estate shall be used to repay the debt; if the heirs, legatees, or estate administrators do not waive their inheritance or accept the bequest, they may be changed into the subject of enforcement within the scope of the inheritance they have received. Therefore, the applicant for enforcement may apply to the enforcement court to change the subject of enforcement and include the heirs who have inherited the estate in the scope of enforcement, so that they can bear responsibility with the share of the inheritance they have received. During the enforcement process, the scope of the estate and the inheritance situation, including real estate, deposits, equity, and other properties, shall first be ascertained; if all the heirs waive their inheritance, the debt shall be repaid with the estate itself. It should be noted that the heirs' liability is limited to the actual value of the inheritance received, and they shall not bear repayment obligations beyond that amount.

1. Problem background and typical scenarios

After the judgment takes effect and enters the enforcement stage, the sudden death of the person subject to enforcement often leads to a stalemate in the case. Typical scenarios include: the property and deposits of the person subject to enforcement are inherited by their children after their death, and the applicant for enforcement does not know how to proceed; the inheritors verbally claim to renounce the inheritance but actually occupy the property; the estate has not been divided and the ownership is unclear; the enforcement target is mistakenly seized or the property has been transferred to others, requiring reversal; and how to return the already executed property after the effective judgment is revoked. The above situations involve both changes in the subject and possible reversal of enforcement, which require clarification of the legal relationship.

II. Key points of contention

First, how to change the subject of enforcement after the debtor dies, and whether the heirs are included in the enforcement process. Second, the identification of the scope of the estate and the determination of the inheritance situation. Third, the boundaries of the heirs' liability being limited to the value of the estate. Fourth, the effect of renouncing inheritance and the burden of proof. Fifth, the applicable conditions of execution reversal and the return of accrued interest. Sixth, the remedies of enforcement objections and reconsideration. Seventh, the path of returning the funds wrongly deducted after the execution target is mistaken. These issues determine whether the creditor's rights can be realized.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case involving execution objections and execution reversal. Due to a loan dispute in the early years, the execution court mistakenly added the debtor's spouse and daughter as the parties subject to execution. Subsequently, the creditor transferred the rights, and the court seized relevant deposits, auction proceeds from the house, and bank equity. After the addition order was revoked, the transferee of the property raised objections to prevent the return of the funds. Our lawyers argued that the divorce agreement was legal and effective, the relevant house had been registered as early as 2010, and the 2017 divorce agreement reflected the true intention of the parties, without any malicious collusion to transfer property. Execution reversal is a legal procedure for the court to correct its own mistakes in adding parties to the execution, and the executed property should be returned after the erroneously added parties have been removed. According to relevant execution regulations, execution reversal should include the accrued interest on the acquired property. The court adopted the lawyers' opinion, modified the corresponding content of the execution order, and ruled that the transferee of the property should return the execution funds of over 2.05 million yuan and the accrued interest within ten days, and rejected other objections. Although this case involved execution reversal, it also provides valuable insights into execution after the death of the debtor: the subject qualification and ownership of the property in the execution process are the core issues. It is necessary to first clarify "who is the qualified subject and who owns the property" in order to determine the scope of liability and return. Returning to the situation of the debtor's death, the executors of the will or estate administrators often become the key links in the transfer of liability. Applicants for execution can apply to change the debtor to include the heirs within the scope of the execution and determine the boundaries of liability based on the investigation of the estate and the inheritance situation. This case was handled by Beijing Henglue Law Firm.Marcie WenAttorney (Practice Certificate No.: 11101202411865324, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, apply to the executing court for a change of the person subject to enforcement in a timely manner, and list the heirs and the situation of the estate; Second, ascertain the scope of the estate, including real estate, deposits, equity, and receivables; Third, verify whether the heirs have waived their inheritance and keep the evidence; Fourth, if there is an error in the enforcement, claim restitution through enforcement objections, reconsideration, and enforcement reversal; Fifth, note that the heirs' liability is limited to the value of the estate. Legal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) on the change of subjects in enforcement, enforcement reversal, and enforcement objections, as well as the relevant provisions of the Supreme People's Court on the change and addition of parties in civil enforcement, and the provisions of the Civil Code of the People's Republic of China on inheritance and the settlement of debts from the estate (implemented on January 1, 2021). For matters involving enforcement and inheritance, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor matters related to inheritance and succession, you can refer to the following resources for more information:\nInheritance and division of family propertyFor reference, you can check the information related to property enforcement.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the death of the debtor does not mean that the debt is extinguished. The heirs can be held accountable within the scope of the estate. Secondly, the scope of the estate must be clarified, and the liability is limited to the value of the estate. Thirdly, the waiver of inheritance must comply with formal and time-limit requirements. Fourthly, the erroneous execution can be returned through the reversal procedure. Fifthly, objections and appeals against enforcement should be raised in a timely manner. For matters involving enforcement and inheritance, you can consult a lawyer for professional advice.Creditor's rights and debts, and enforcementThe service provides a comprehensive solution, which can be combined with inheritance matters if necessary.\nInheritance and division of family assetsFor reference, the following applies to real estate enforcement:Real estate transactions and construction projects.

VI. Frequently Asked Questions

Q1: If the person subject to enforcement dies, can the enforcement still proceed?

Yes. If the citizen who is the subject of enforcement dies, the debt shall be repaid with his/her estate, and the heirs who have not waived their inheritance rights may be changed to the subject of enforcement within the scope of the inherited estate. The applicant for enforcement may apply to the enforcement court to change the subject of enforcement and provide the specific circumstances of the heirs and the estate, so as to promote the continuation of the enforcement without the need for a new lawsuit.

Q2: What are the requirements for performing a turnaround?

Generally, the judgment, ruling, or other legal documents on the basis of which the execution is carried out are revoked or changed, and the property has already been executed. At this time, the court may order the person who has obtained the property to return it; if he refuses to return it, the court may enforce the execution. If the proceeds are involved, they should be returned together. The parties concerned should raise objections or apply for relief in time to avoid the property being transferred again.

Q3: How much money do the heirs have to repay?

The liability for repayment of the debts of the decedent shall be limited to the actual value of the inherited estate. For the part exceeding the value of the estate, the heirs have no statutory obligation to repay, except for voluntary repayment; if they renounce the inheritance, they shall not be liable for the repayment of the decedent's debts. Therefore, it is necessary to first ascertain the scope and value of the estate, and then determine the share that the heirs should bear, so as to avoid excessive claims.

Q4: How to check the scope of the estate?

It is possible to apply to the court for an investigation or have a lawyer conduct inquiries into information such as real estate registration, banks, securities, industry and commerce, and social security to identify the property, deposits, equity, and receivables. When necessary, apply for an inspection or audit and request an inventory of the estate from the heirs and estate administrators. Identifying the estate is a prerequisite for changing the debtor and determining the scope of liability.

Q5: If I give up my inheritance, do I not have to repay the debt anymore?

For those who renounce their inheritance, they may not be liable for the repayment of the decedent's debts. However, the renunciation must be made in a legally prescribed form before the estate is dealt with, and it must not harm the interests of the creditors. If the heir has actually possessed, used, or disposed of the estate, he/she may be deemed to have accepted the inheritance. It is recommended to make a decision as soon as possible and clarify it in writing, and if necessary, notify the relevant creditors.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Beijing Henglu 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.