本文认为,在充分保障遗产债务的债权人的正当权益的基本价值引导下,不宜给债权人遗产债务清偿请求权设置过高的门槛,应坚持遗产债务清偿请求权的行使条件为被继承人死亡事实的出现。在判定遗产债务清偿请求权是否成立时,鉴于债权人对遗产状况清楚查知的客观困难,应仅要求债权人举出表面证据,达到较高盖然性地证明被继承人留有积极遗产即可。对于清偿遗产债务实体责任财产的确定,应充分考虑继承人的正当利益要求,确认其享有对责任财产的选择权。非继承人的遗产管理人和遗嘱住行人,基于其法定遗产权利权和遗嘱执行权享有者的身份,或者说基于其依法所应承担的遗产管理和遗嘱执行职责或义务,应当成为遗产债务清偿中的正当责任主体,以被继承人的积极遗产向债权人承担遗产债务的清偿责任。 This article argues that under the guidance of the basic value of the legitimate rights and interests of the creditors that fully guarantee the debts of the inheritance, it is not appropriate to set excessive thresholds for the debts of the debts of the debts of the creditors, and the conditions for exercising the claims of the debts of the inherited debts are the death facts of the decedents . In determining whether the claim right of the debts of the estate is established, given the objective difficulty of the creditors’ knowledge of the status of the estate, it is only necessary to ask the creditors to present the surface evidence and reach a higher level to prove that the deceased person has left a positive legacy. For the purpose of settling the liability property of the entity paying off the debts of the inheritance debts, it shall give full consideration to the request of the legitimate interests of the heirs and confirm that they have the right to choose the responsible property. Non-heir heritage managers and testaus, based on their statutory and probate entitlements, or on the basis of their legally enforceable estate management and executory duties or obligations, shall become The legitimate responsibility of the subject, with the successor to the active heritage of creditors bear the responsibility of repayment of the estate debt.