According to the principle of limited inheritance stipulated in Article 1161 of the Inheritance Part of the Civil Code, the heir shall bear the liability for the repayment of the inheritance debt to the extent of the actual value of the inheritance, which is mainly aimed at the external liability of each heir for the repayment of the inheritance debt, and does not involve the form of responsibility of all heirs to bear the external liability for repayment, nor does it involve the issue of the internal responsibility sharing of the heirs after the settlement of the inheritance debt.
In joint inheritance, according to the principles of general inheritance and ex officio inheritance, after the commencement of inheritance, the inheritance rights belong to all the co-heirs, and the inheritance debts are borne by all the co-heirs, and the inheritance debts borne by all the co-heirs can be understood as the joint debts arising from the joint inheritance, so on the issue of external and internal sharing of joint debts, reference should be made to the relevant provisions of the Civil Code on the settlement of common debts, that is, the Civil Code Article 307 of the title of property rights provides for the external and internal effects of creditor's rights and debts arising from common property. Specifically, in terms of the liability for the repayment of estate debts, they are as follows:
First, in the form of liability for the repayment of inheritance debts, all the co-heirs bear joint and several liabilities. That is to say, after the commencement of inheritance, all the co-heirs are all the co-owners of the estate, and unless otherwise provided by law or the third party knows that the co-owners do not have joint and several creditor's rights and debts, the co-owners shall enjoy joint and several creditor's rights and debts in their external relations. Therefore, in terms of inheritance claims, all the co-heirs are also jointly and severally claimed.
Second, in the internal relationship of all the co-heirs, unless otherwise agreed by all the co-heirs, all the co-heirs shall share the debts of the estate that have been paid off in proportion to the actual value of the estates they have received, and the heirs may settle among themselves in accordance with the principle of refunding more and making up less, which can be understood as recovery in this law. After the commencement of inheritance, before the division of the estate, all the joint heirs are jointly owned by the inheritance on the basis of general inheritance, and after the division of the estate, the estate is transferred from the joint ownership of all the joint heirs to the separate ownership of each heir, so all the joint heirs shall share the debts that have been paid off in proportion to the actual value of the estate they have received. If an additional debt burden is caused by the personal behavior of an heir, the heir shall bear the ultimate responsibility, and the other heirs shall have no obligation to share.