After the death of the debtor, the successor of his estate shall only assume the obligation of repayment within the portion of the estate. In principle, the part beyond the debtor's estate shall not be borne by his successor. Or, if the debt is a joint debt of husband and wife, you can find his or her spouse to bear joint liability for repayment. According to Article 25 of the Inheritance Law of the People's Republic of China, if a successor waives inheritance after the beginning of succession, he shall make a waiver before the disposition of the estate. If there is no indication, it shall be deemed as acceptance of inheritance. Article 33 stipulates that in inheriting an estate, the decedent shall pay taxes and debts according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. This restriction does not apply to the part exceeding the actual value of the estate that the heir voluntarily repays. If a successor waives inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law. Article 475 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that if a citizen who is the subject of execution dies and his heir to the estate does not give up inheritance, the people's court may rule to change the subject of execution, and the heir shall repay the debt within the scope of the estate. If the heir waives inheritance, the people's court may directly execute the estate of the person subjected to execution. In the case of statutory succession, the debtor's first successor is mainly the debtor's spouse, children and parents. If the debtor's spouse is still alive, the debtor's estate is half of the common property of the debtor and his spouse during the marriage relationship. Before the division of the estate, half of the common estate shall be divided into the property of the spouse, and the rest shall be the property of the debtor. Article 23 of the Interpretation of the Supreme People's Court on Issues Related to the Application of Law in the Trial of Cases Involving Debts Disputes between Husband and Wife stipulates that the people's court will not support creditors who claim rights against the debtor's spouse in respect of personal debts incurred by one party before marriage. Except where the creditor can prove that the debt is used for the married family to live together. Article 24 stipulates that creditors who claim rights over debts incurred by one of the husband and wife in their own name during the existence of the marriage relationship shall be treated as joint debts of the husband and wife. Except that one of the husband and wife can prove that the creditor and debtor have clearly agreed that they are personal debts, or can prove that they belong to the circumstances stipulated in Paragraph 3 of Article 19 of the Marriage Law. Article 26 stipulates that if the husband or wife dies, the surviving party shall bear joint and several liability for paying off the joint debts during the marriage relationship. If the debt of one spouse occurs during the marriage, it is generally recognized as the joint debt of the husband and wife; If it does not occur during the marriage, and the relevant debt is used for the married couple's family life, it should also be recognized as the joint debt of husband and wife. However, if it does not occur during the marriage and is not used for family life after marriage, it cannot be recognized as joint debt of husband and wife. Then say: Data: The settlement of the debts of the decedent should follow the following principles: First, the principle of limited inheritance. According to Article 33 of the Inheritance Law of China, inheritance should pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts should be limited to the actual value of his estate. This restriction does not apply to the part exceeding the actual value of the estate that the heir voluntarily repays. This shows that the successor's repayment of the debts of the decedent is only limited to the actual value of the estate, and the successor is not liable for the part exceeding the actual value of the estate. 2、 The principle of reserving the share of the inheritance of a specific successor Article 19 of the Inheritance Law of China stipulates that a will should reserve the necessary share of the inheritance for heirs who lack the ability to work and have no source of income. This is a concrete embodiment of the implementation of the principle of providing for the aged and raising children in China. When paying off the debts of the decedent, even if the actual value of the inheritance is not enough to pay off the debts, an appropriate inheritance should be reserved for the heirs who need special care and lack the ability to work and have no source of income to meet their basic living needs. 3、 The principle that paying off debts is superior to executing bequests Article 34 of the Inheritance Law of China stipulates that the execution of bequests shall not hinder the payment of taxes and debts that the legator should pay according to law. According to this provision, in the order of legacy and debt repayment, debt repayment is prior to legacy execution. The legacy can be executed only when there is residual legacy after paying off debts. If the legacy is not enough to pay off the debt, the legacy cannot be executed. The above is about who should repay the debt when the debtor dies? Have you learned the knowledge of law?