An inheritance passes to the heirs automatically upon the death of the deceased (without any action being required); however, because an inheritance may consist not only of rights but also of the deceased's debts, the law grants heirs the possibility of renouncing the inheritance.
The Period for Renouncing an Inheritance (Actual Renunciation)
Legal and appointed heirs may exercise their right to renounce the inheritance within three months of the date they learn that they are an heir (TCC Art. 606). This period is a period of forfeiture; once it has elapsed, the inheritance is, as a rule, deemed to have been acquired unconditionally.
Where and How Is Renunciation Made?
The declaration of renunciation is made, orally or in writing, to the civil court of peace at the deceased's last place of residence (TCC Art. 609). The court records the declaration of renunciation in minutes; the renunciation must be unconditional and unqualified.
Deemed Renunciation (Deemed to Have Renounced the Inheritance)
If it is clearly evident, or officially established, that the deceased was insolvent at the time of death, the inheritance is deemed to have been renounced by those heirs without any further declaration of renunciation being required (TCC Art. 605/2). An application may be made to the court to establish this situation.
The Fate of the Share of an Heir Who Renounces
If one of the heirs renounces the inheritance, their share passes to the other rightholders as if that heir had not been an heir at the moment the inheritance opened (TCC Art. 611). If all legal heirs renounce the inheritance, it is liquidated according to the provisions on bankruptcy.
Why Is an Inheritance Renounced?
The most common reason is that the deceased's estate (assets) is debt-laden, meaning the debts exceed the assets. In this situation, because an heir who accepts the inheritance may, as a rule, also become liable for the deceased's debts with their own assets, alternative routes such as renunciation or "liquidation of the inheritance by official process" should be considered.
Conclusion
Renunciation of an inheritance is subject to a short, three-month period of forfeiture; the debt status of the estate should be carefully investigated before this period is missed.
You can prepare a petition draft for your inheritance renunciation application using Lawyer Services' Create Petition tool.