(1) The heir may refuse the satisfaction of a creditor of the estate excluded in the judicial call procedure to the extent that the estate is completely exhausted in the satisfaction of the creditors who are not excluded. However, the heir is to satisfy the excluded creditor before the obligations arising from rights to compulsory portions, legacies and testamentary burdens unless the creditor asserts their claim only after the discharge of these obligations.
(2) The heir is to return a surplus for the purpose of satisfying the creditor by way of compulsory enforcement in accordance with the provisions on the surrender of unjust enrichment. The heir may prevent the surrender of the objects of the estate still in existence by paying the value. The final and binding judgment ordering the heir to satisfy an excluded creditor has the same effect with regard to another creditor as satisfaction.