How and when does one become an heir?

Last update: 10/1/2012

The succession devolves to the heir when the latter has accepted the succession. This acceptance may be tacit. It is for example sufficient for the heir to dispose of the assets of the succession.

In principle, the heir is liable for the deceased’s debts. However, heirs may limit their liability, by accepting the estate without liability to debts beyond the assets descended. In this case he/she must file a declaration with a district court judge (in the district where the death occurred) within three months from the time when the heir learnt of the opening of the succession. This time limit may be extended by the district court judge by an additional three months.