Bank debts for relatives of deceased in 2025: this you should know according to the Civil Code

The management of financial obligations after the death of a person can generate doubts, especially when there are pending debts. In this sense, the Civil Code of Peru Establish key provisions to determine what happens with those commitments.

In addition, it is essential to know if the heirs have the right to claim the savings of the deceased or if the bank You can retain those funds. Next, the legal framework that regulates these situations to provide more clarity to family members is detailed.

Banking debts of deaths: What about family members?

He Civil Code of Peru He establishes that, when a person dies leaving debts, his heirs are not obliged to pay them with their own assets, but only with inherited goods.

In this context, the Judiciary specified through its social networks that the responsibility of payment is limited to the patrimony of the deceased. This is detailed by the Articles 871 to 873 of the Civil Codewhere it is mentioned: “Heirs must pay debts of the deceased with property of the deceased.”

Dead citizen: Can the bank retain its savings?

According to Eduardo Chávez, Legal General Manager of the Peruvian Association of Insurance Companies (Ajseg), relatives of a deceased savers can access their banking funds, but first they must complete certain legal procedures. To dispose of the money deposited in the financial entity, it is necessary to present an intestate succession or a declaration of heirs. In addition, banking entities have no right to appropriate the deceased’s savings.

“If you are a bank saver and unfortunately you die, that money is not going to be the bank. What family members have to do is Intestate Successionor also called the declaration of heirs, and once the declaration is presented, the legal heirs of the bank will be able to access the money of those who in life maintained their savings”Chávez said.

Chávez explained that there are two coverage modalities that insurers offer for bank debts. The most common allows to cancel the debtor balance in case of death or permanent disability, thus avoiding that the obligation falls to family members.

“When you ensure the unpaid balance, if the credit holder dies or is left with permanent and total disability – which does not allow it to generate income – automatically the insurance company takes over the absolute debtor balance and the relatives do not have to pay anything,” Chávez added.

There is a second modality of coverage, although it is less frequent due to its higher cost. In this case, if the holder dies or is incapacitated, the insurer not only cancels the debt with the bank, but also delivers to the legal heirs a check due to the difference between the original amount of credit and the debtor balance.

“If the person dies or is totally and permanently invalid, and cannot generate income, the insurance company rotates two checks: one in the name of the bank for the balance of the debt and another second check due to the difference with respect to the initial amount in favor of the legal heirs of the person,” he said.

Bank debts: goods that cannot be seized

• Family Heritage: You can only seize up to two thirds.
• Personal objects: Basic books, books and foods are protected.
• Work tools and equipment: Vehicles, machinery and essential utensils for a trade are unattachable.
• Salary income and pensions: They cannot be retained if they do not exceed five procedural reference units (URP).
• Food pensions: exempt of embargo.
• Religious Assets: Tempo furniture cannot be confiscated.
• Sepulcros: They enjoy legal protection.
• Compensation for Time of Services (CTS): It can be seized by up to 50% only by food debts.

Follow the Republic at WhatsApp! Join our channel from your cell phone and receive the most important news from Peru and the world in real time.