How and when does one become an heir?
Last update: 10/3/2012
The succession is devolved to the heir (or to the legatee) without any special procedure, provided that the heir accepts the succession. However, the acceptation may also be unstated, for example, if the heir disposes of a succession property.
An heir shall be deemed to have accepted the succession when he/she begins the process of actually possessing the estate, applies to the district court of the place of the opening of the succession for the inventory of the estate, or when the heir files an application on the acceptance of the succession with the civil law notary public of the place where the succession was opened. Actions of accepting the succession shall have to be performed within three months from the day on which the succession is opened.
If the succession was accepted by filing the application on the acceptance with the civil law notary or beginning the process of actually possessing the estate the heir is unlimitedly and personally liable for the debts under the succession. The heir can however limit his/her liability by accepting the succession through the district court under benefit of an inventory. In the relations with the creditors of the deceased, it is presumed that there are no other succession properties at the moment of the opening of the succession, apart from those listed in the inventory.
Co-heirs are jointly liable for the debts under the succession.
Detailed information
Is it possible to renounce a succession?
An heir by operation of law or a successor by a will shall have the right, within three months from the day of the opening of a succession, to renounce inheritance. Renunciation may not be in part or subject to conditions or exceptions. Renunciation of succession has the same effect as non-acceptance of succession. A successor renounces a succession by filing an application with the civil law notary. No renunciation is allowed in the instances where the successor has filed an application on the acceptance of a succession with the civil law notary or asked for issuance of the certificate of inheritance, or applied to the district court for the compilation of the inventory of the estate (§ 5.60 CC).
Is it possible to accept a succession subject to conditions?
In order to acquire a succession, a successor shall have to accept it. Acceptance may not be in part, or subject to conditions or exceptions (§ 5.50 CC).
Are the heirs and co-heirs liable for the deceased’s debts?
The successor who has accepted succession by taking over the possession of the estate or by filing an application with the civil law notary shall be liable for the debts of the deceased with his/her whole property. In the event where the estate was accepted by several successors in the manner indicated above, they all shall be solidarily liable with their whole property for the debts of the bequeather (§ 5.52 CC). A successor who has accepted inheritance in accordance with the inventory compiled by the court bailiff shall be liable for the debts of the testator only with the inherited property (§ 5.53 CC).
