How and when does one become an heir?

The real and personal estate of a deceased person shall on his/her death, notwithstanding any testamentary disposition, devolve on his/her ‘personal representative’.

• The personal representative is called ‘executor’, if he/she has been appointed by the testator in his/her will.

• The personal representative is called ‘administrator’, if he/she has been appointed by the probate court.

The estate of a deceased person is administered by this personal representative. The personal representative

• pays the debts of the deceased

• and distributes the assets and transfers property to the beneficiaries.

Thus, an acceptance of the succession is not necessary. However, a beneficiary of the share of a deceased person without a will may disclaim his/her share in the event where the deceased had not made a will.

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