How and when does one become an heir?

The succession is “automatically” opened by the death of the deceased without the heir needing to act in person. On the other hand, if the heir does not want to accept the inheritance he/she must take the necessary action to renounce the inheritance. Heirs must renounce an inheritance within four months from the time they become aware of the deceased’s death and their title to the inheritance.

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, the heir must file a declaration with the Court of First Instance of the district where the deceased had his/her place of residence. Joint heirs are liable for the debts of the succession, in proportion to the value of their respective portion of the inheritance.

Print this topic

back to top