How long do you have to claim debts or obligations left by someone who has passed away? This article will help you understand the legal framework, provide illustrative examples, and highlight key considerations when asserting claims related to a deceased person’s estate.
According to Article 645 of the 2015 Civil Code, the statute of limitations for claiming property obligations left by a deceased person is 3 years from the opening of the inheritance, which is the date the person passes away.
During this period, individuals with related interests have the right to request the fulfillment of obligations involving the deceased’s estate (including debts, tax obligations, financial commitments, etc.).
In cases with clear documentation or contracts: The 3-year limitation period still applies.
In cases of verbal agreements or unclear obligations: Claims can still be made within 3 years, but persuasive evidence or witnesses are required.
If there is a dispute over obligations: Parties can seek support from the court or legal professionals.
In exceptional cases: If objective obstacles (such as natural disasters or illness) prevent action, the statute of limitations may be extended with proper justification.
Example: Mr. K passed away on January 1, 2020, leaving an unpaid bank loan of VND 500 million. The bank has the right to request the heirs to settle the debt within 3 years, i.e., before January 1, 2023.
If the bank files a lawsuit after this date, the court may reject the claim due to expiration of the statute of limitations.
Unclear obligations or lack of evidence.
Heirs unaware of the applicable statute of limitations.
Family disputes regarding payment of debts or liabilities.
Verify existing obligations: Carefully review documents, contracts, or related evidence.
Be aware of the 3-year time limit: Counted from the date of death (i.e., the start of the inheritance).
Seek legal advice when needed.
Note exceptional circumstances: Time limits may be extended if justified by valid reasons.
Article 645 of the 2015 Civil Code
Decisions of the Supreme People’s Court on estate-related disputes
Inheritance and property-related laws and regulations
Ensures estate protection in the absence of an heir or estate administrator.
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