How and when does one become an heir?

Last update: 10/3/2012

A succession opens upon the death of a person. Upon the opening of a succession, the estate transfers to a successor.

If a successor does not renounce the succession within the three months from the moment the successor becomes aware or ought to become aware of the death and of his/her right of succession, the successor shall be deemed to have accepted the succession.

Detailed information

Is it possible to renounce a succession?

Upon the opening of a succession (death of a person), the estate transfers to a successor. A successor may renounce a succession pursuant to the procedure provided for in the Law of Succession Act (§ 4). If a successor does not renounce the succession within three months from the moment the successor becomes aware or ought to become aware of the death of the deceased and of his/her right of succession, the successor shall be deemed to have accepted the succession (§§ 118, 119).

If a person entitled to succeed renounces a succession, the person who would have succeeded if the renouncer of the succession had died before the opening of the succession is entitled to succeed. A person who replaces the renouncer of a succession may accept or renounce the succession within the same term that the renouncer had the right to accept or renounce (§ 124).

Is it possible to accept a succession subject to conditions?

A conditional acceptance or conditional renunciation of succession is not permitted (§ 122).

Are the heirs and co-heirs liable for the deceased’s debts?

With the acceptance of a succession, all rights and obligations of the deceased transfer to the successor except those which by their nature are inseparably bound to the person of the deceased or which pursuant to law do not transfer from one person to another. If an estate is insufficient for the performance of all obligations of the deceased and an inventory of the estate has not been made nor has the estate been declared bankrupt, a successor is required to perform the obligations of the deceased out of the successor’s own property (§ 130).