Paragraph 2: Other debts

The joint heirs contribute among themselves to the payment of the debts and charges of the estate, each in proportion to what he takes into it.

The legatee by universal title contributes with the heirs, in proportion to his emolument; but the legatee by particular title is not liable for the debts and charges, except however for the mortgage action on the bequeathed immovable.

Where immovables of an estate are encumbered by annuities by special mortgage, each of the co-heirs may demand that the annuities be repaid and the immovables made free before the lots are formed. If the co-heirs share the estate in the state it is in, the encumbered immovable must be valued at the same rate as the other immovables; the capital of the annuity is deducted from the total price;…

The heirs are liable for the debts and charges of the succession, personally for their inheritance share, and hypothecarily for the whole; subject to their recourse either against their coheirs, or against the universal legatees, in respect of the share for which they are required to contribute.

A legatee by particular title who has discharged the debt on which the bequeathed immovable was encumbered remains subrogated to the rights of the creditor against the heirs.

A co-heir who, by the effect of the mortgage, has paid more than his share of the common debt, has recourse against the other co-heirs, only for the share that each of them must personally bear, even in the case where the co-heir who has paid the debt has been subrogated to the rights of the creditors ; without prejudice, however, to the rights of a co-heir who, by the…

In the event of the insolvency of one of the co-heirs, his or her share of the mortgage debt is divided among all the others, at the marc le franc.

A writ of execution against the deceased is also enforceable against the heir, eight days after it has been served on him.

The deceased’s creditors and legatees of sums of money may ask to be given preference over the succession assets over any personal creditor of the heir. Reciprocally, the heir’s personal creditors may ask to be preferred over any creditor of the deceased on the heir’s assets not collected as part of the succession. The preferential right gives rise to a special legal mortgage provided for in 5° of article 2402…

This right may be exercised by any act by which a creditor manifests to a competing creditor his intention to be preferred over a specific asset.