1. When the debtor of private lending dies, the heir to the debtor's property shall claim to pay off the debt. If there is an inheritance, when the creditor files a lawsuit, if the inheritance is not divided, several heirs shall be listed as defendants to participate in the lawsuit, except those who give up inheritance. If there is an inheritance, the debt shall be repaid with the share of the debtor's property inherited. The death of the borrower does not affect the determination of the mortgage relationship.

2. Article 159th of the Civil Code of People's Republic of China (PRC)

When the estate is divided, the taxes and debts that the decedent should pay according to law should be paid off; But the necessary inheritance should be left to the heirs who lack the ability to work and have no source of income.

(1) If the debtor's debts before his death are the same as those of the husband and wife, the creditor may require his wife to repay with the same property as the husband and wife, and his daughter has no obligation to repay;

(2) If the debtor's debts before his death are his personal debts, his wife will be obliged to pay them back without compensation, and his daughter will be obliged to pay them back without compensation;

(3) If their parents, wives and daughters inherit the borrower's estate, their parents, wives and daughters shall be liable for debt repayment within the scope of inheritance;

(4) The key is to find out what the borrower's legacy is and whether the debt is the same as that of the husband and wife.

Second, how to deal with private lending disputes

If both parties agree to pay interest-free in six months, they cannot claim interest within six months, but they can not claim overdue interest after six months. If it is overdue, it may send a written notice to demand repayment and claim overdue interest; If you still don't return it, you can file a lawsuit.