How and when does one become an heir?
Last update: 10/3/2012
The status of heir is acquired only when the heir accepts the succession, but legatees or devisees automatically acquire their status unless they renounce the inheritance. In principle, the heir has unlimited personal liability for the deceased’s debts. However, the heir can limit his/her liability by accepting the estate without liability to debts beyond the assets descended. In this case, the heir must file a declaration with a civil law notary or the clerk of the competent court. Joint heirs are liable for the debts of the succession, in proportion to the value of their respective portion of the inheritance.
Detailed information
Upon acceptance of the succession (see above).
Is it possible to renounce a succession?
Yes (see above). It is possible to renounce a succession by declaration before a civil law notary or before the clerk of the court of the jurisdiction where the succession is opened (Article 519 Civil Code).
Is it possible to accept a succession subject to conditions?
No. The declaration of acceptance subject to conditions or in the future is invalid (Article 475 Civil Code). However, it is possible to accept the succession under benefit of inventory (Article 484 et seq. Civil Code).
Are the heirs and co-heirs liable for the deceased’s debts?
If the succession has been accepted under benefit of inventory, the heir is only liable for the debts up to the value of the assets, provided that the procedure provided for by the law is respected.
Under the terms of Articles 471, 472 and 473 of the Civil Code, acceptance of succession devolved to minors, emancipated minors, people who are subject to a legal incapacity and legal persons (except companies), associations, foundations and unrecognised bodies, must be made under benefit of inventory. Under the terms of Article 489 of the Civil Code, minors and people who are subject to a legal incapacity maintain the right to the benefit of inventory until one year after the age of majority or the termination of the injunction or incapacity.
