(1) If it is not appropriate to order the administration of the estate or to open estate insolvency proceedings by reason of lack of sufficient assets to pay the costs, or if for this reason the administration of the estate is cancelled or the insolvency proceedings are suspended, then the heir may refuse to satisfy a creditor of the estate to the extent that the estate is insufficient. In this case, the heir is obliged to deliver the estate for the purpose of satisfying the creditor by way of compulsory enforcement.
(2) The right of the heir is not excluded by the fact that the creditor, after the date of the devolution of the inheritance, by way of compulsory enforcement or enforcement of a seizure, has obtained a pledge or a mortgage or, by way of injunction, a priority notice.