Inheritance law governs the passing to heirs not only of assets and rights, but also of the deceased’s debts. If the estate is over-indebted — that is, if the deceased’s debts exceed their receivables and assets — the heirs become liable for those debts with their personal assets as well. To prevent this situation, the legislator has regulated the institution of “Renunciation of Inheritance.”
The renunciation process is subject to specific procedural rules and strict time limits. The steps to follow in order to avoid loss of rights are as follows:
1. Mind the Three-Month Forfeiture Period
The inheritance may legally be renounced by the heirs within 3 months. For legal heirs, this period begins to run from the date they learn of the decedent’s death. Extension of the period may be requested from the court only in very exceptional cases and where just grounds exist.
2. Apply to the Civil Court of Peace
The declaration of renunciation is made to the Civil Court of Peace of the decedent’s last place of residence, by written or verbal declaration. It is a legal requirement that the declaration be unconditional and unreserved.
3. Avoid Dealing with the Estate (Risk of Implied Acceptance)
Within the 3-month period, the heir must avoid conduct that would be deemed implied acceptance of the inheritance. For example, taking possession of estate property, withdrawing money from the deceased’s bank account, or paying a debt out of the estate means that you have accepted the inheritance and may eliminate your right to renounce it.
If the inheritance is renounced, the legal heir who renounces is treated as if they had died before the decedent, and their share passes to their own descendants or to the other legal heirs.