This issue is regulated by Art. 223.1. Federal Law "On Bankruptcy", which considers the conditions and procedure for bankruptcy of a citizen in the event of his death.

According to paragraph 2 of Art. 223.1. If the court learns of the debtor's death after the case has been initiated, the court, on its own initiative or at the request of a party to the case, issues a ruling on the application of this article.

The rights and obligations of the deceased after the expiration of the terms for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation within 6 months from the date of opening of the inheritance, unless otherwise provided by law) are exercised by the heirs who have accepted the inheritance. In order to recognize the heirs as parties to the bankruptcy case, the notary, at the request of the court, submits a copy of the inheritance case.

Until the expiration of the term for accepting the inheritance, the notary at the place of opening of the inheritance is a party to the bankruptcy proceedings. He has the following procedural powers:

– submits to the arbitration court considering the bankruptcy case a petition to apply the rules of this paragraph in the bankruptcy case and to proceed to the sale of property (for peasant (farming) households - to bankruptcy proceedings) within 5 working days from the date of opening of the inheritance case if the bankruptcy case involves restructuring of the citizen's debts;

– transfers to the FI information about the inherited property that has become known to it in connection with the performance of its powers.

According to paragraph 5 5. If after the initiation of bankruptcy proceedings a he dies or is declared dead, the FI, within 5 working days from the date when it became aware of the death of the citizen, informs the notary at the place of opening of the inheritance and also submits to the arbitration court considering the bankruptcy case a petition to apply the rules of Art. 223.1 in the bankruptcy case. and the transition to the sale of property (for peasant (farming) households - to bankruptcy proceedings) if the bankruptcy case involves restructuring of the citizen's debts.

Until the expiration of the term for opening the inheritance, the FU cannot involve other persons to ensure the performance of its duties, an appraiser, registrar, auditor, operator of the electronic platform, if the involvement of an appraiser, registrar, auditor, operator.

Residential premises are not included in the bankruptcy estate:

- before the expiration of the term for accepting the inheritance, if persons entitled to a mandatory share in the citizen's inheritance live in the residential premises (its parts), and for them such residential premises (its parts) are the only premises suitable for permanent residence;

- upon expiration of the period for accepting the inheritance, if such property is the only premises suitable for permanent residence for the heir.

At the same time, it follows from paragraph 7 that if the residential premises, as well as the land plot on which the premises are located, are the subject of a mortgage and, in accordance with the Federal Law on Mortgages, foreclosure may be levied on them (Article 78 of the Federal Law "On Mortgages (Pledges of Real Estate)"), then by decision of the arbitration court it may be included in the bankruptcy estate.

First of all, claims for current payments related to the costs of the burial of the deceased, the costs of protecting the inheritance, and the performance of notarial acts by a notary will be satisfied.

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