Articles

Renouncing an inheritance: the three-month limit

An estate consists not only of assets but also of debts. Heirs are, as a rule, personally liable for the debts of the deceased. Where the estate is insolvent, the way to avoid this liability is to renounce the inheritance.

The right to renounce and the time limit

Under Article 605 of the Civil Code, statutory and appointed heirs may renounce the inheritance. Under Article 606, it may be renounced within three months. For statutory heirs, the period runs from when they learn of the death, or later if they prove they only later learned they were heirs; for appointed heirs, from official notification of the disposition.

If the deceased's insolvency was obvious or officially established at the time of death, the inheritance is deemed renounced. Even then, having this confirmed by a court protects the heir against later enforcement.

How to renounce

Under Article 609, renunciation is made by oral or written declaration to the civil court of peace and must be unconditional. The judge records it; a timely renunciation is entered in a special register at the court where the estate opened, and a certificate can be issued.

How the right is lost

Under Article 610, an heir who does not renounce within the time limit acquires the inheritance unconditionally. An heir who, before the period ends, intervenes in the estate beyond ordinary administration, conceals estate assets or takes them for themselves also loses the right to renounce. Filing a lawsuit or enforcement proceedings merely to interrupt limitation does not.

Our view

Checking the deceased's bank, enforcement, tax and land registry records in the first weeks after the death shows, before time runs out, whether renunciation is needed. Not using or selling estate assets in the meantime is the simplest way to preserve the right. If the debt position is unclear, legal advice should be sought before the deadline.