Inheritance is usually associated with receiving assets from a deceased family member. But many people worry about something less pleasant: inheriting debt. In Indonesia, the answer depends on how the heirs handle the inheritance process.
1. Understanding Indonesian Inheritance Law
According to the Indonesian Civil Code (KUHPerdata), an heir can inherit both assets and liabilities of the deceased. This means that if the deceased had outstanding debts, those debts become the responsibility of the heirs — but only under certain conditions.
2. Three Options for Heirs
Heirs have the right to accept or reject an inheritance. There are three legal options:
- Accept the inheritance outright (terima warisan secara murni): The heir accepts all assets and debts.
- Accept under benefit of inventory (beneficiair): The heir accepts the inheritance only if the assets exceed the liabilities. This must be declared formally through a court process.
- Reject the inheritance entirely: The heir files a statement of rejection at the local District Court.
3. If You Do Nothing
If you take no formal action, it is assumed that you accept the inheritance fully, including the debts. That’s why legal documentation is essential, especially if the deceased had loans or credit cards in their name.
4. How to Protect Yourself
To avoid personal financial loss:
- Request a detailed inventory of the deceased’s estate and liabilities.
- File your declaration at the District Court within the legal time limit (generally 30 days from notification).
- Consult a legal advisor before taking any action involving the estate.
Yes, you can inherit debt in Indonesia — but only if you choose to. Understanding your rights and obligations under inheritance law can protect you from unwanted financial burdens. For legal support in managing inheritance claims, court filings, or estate planning, Mylaw.id can help your needs.