Debt collection by the inheritance creditor against the executor

Facts

On December 8, 2017, [B.] filed a request for debt collection against A. "as the executor in the estate of the late C." for a claim of CHF 1,280,000 plus interest with the Debt Collection Office N. On December 11, 2017, the Debt Collection Office issued Payment Order No. x. [A.] filed an objection to the payment order and a debt collection complaint.

The lower supervisory authority annulled the debt collection. [B.] appealed this decision to the High Court of the Canton of Zurich, which upheld the complaint and confirmed the payment order.

[A.] then filed a civil law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court held that the following principles apply to debt collection against the undistributed estate and the position of the executor:

• Pursuant to Art. 49 DEBA, an estate, as long as the division has not taken place, can be collected at the place where the decedent could have been collected at the time of his death.
• The executor is a party to proceedings regarding the assets and liabilities of the estate, insofar as he…