[Legal status as at January 2019]

According to art. 139 kro, the maintenance obligation does not pass to the heirs obliged to pay maintenance. This means that after his death one can not demand that future maintenance payments be paid by his heirs.

The situation is different in the case of maintenance debt. Maintenance is understood as maintenance payments which have not been paid by the person obliged to provide him before his death. In accordance with the resolution of the Supreme Court (reference number III CO 36/65), maintenance installments, which became due during the life of the entitled person and which were validly awarded, belong to the estate's inheritance. In this situation, the heirs of the deceased maintenance debtor will be obliged to pay due and payable maintenance payments. However, if they are not willing to satisfy the obligation, they may decide to reject the inheritance from the deceased, which, however, will result in them not receiving anything from the inheritance left to them. The above solution may turn out to be unfavorable, because the testator, apart from liabilities in the form of maintenance payments, could also leave assets of significant value, such as, for example, real estate.