The Supreme Court explained how alimony debts are inherited

Debts of the deceased may pass to the heirs, but the obligation to pay alimony ceases with the death of the payer. At the same time, the debt accumulated during his life can be recovered from the heirs, rg.ru reports with reference to the Supreme Court.

According to the court, after the divorce, the court ordered a man deprived of parental rights to pay alimony for the maintenance of his daughter. He did not comply with this decision, and enforcement proceedings were instituted against him. When the man died, leaving an apartment worth 1.8 million rubles. Heirs were his minor daughter and mother.

The alimony debt together with the penalty reached 1.12 million rubles. Of this amount, 630 thousand rubles accounted for alimony, the rest for a penalty.

The ex-wife of a man decided to collect a debt from his mother and appealed to the court with a demand to pay a penalty. The court of first instance satisfied the claim and recovered from the woman 560 thousand rubles. The appeal upheld that decision. But the Supreme Court found violations and overturned decisions of lower instances.

The SC explained that the obligation to pay alimony ceases with the death of the payer, since it is directly related to his identity. Therefore, the obligation to support the child does not pass to the heirs.

At the same time, the alimony debt accumulated during the life of the debtor is included in the inheritance. It is a monetary obligation that heirs must repay within the value of the property received. In this respect, such debt is no different from other obligations of the deceased.

To recover debt from heirs, it is important for the recipient of alimony to make its calculation in advance. To do this, you must have a court decision or order to recover alimony and apply to the bailiff for execution. The bailiff must calculate the debt on the date of the death of the debtor, and the enforcement proceedings should not be completed.

This calculation allows you to establish the amount of debt at the time of opening the inheritance and determine the amount of the penalty. According to the law, a penalty of 0.5% of the unpaid amount for each day of delay is charged for late payment of alimony. If the corresponding debt and penalty are established, the heirs may be obliged to pay them within the value of the inheritance received.

In November 2025, a law came into force in Russia obliging notaries to report the debts of the deceased to the heirs. According to the Federal Notary Chamber, in the inheritance can pass, in particular, obligations on loans and utility payments. In this case, the heirs are liable for debts only within the value of the property received.