Accept or renounce the succession (option to inherit)
Verified 25 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
One of your relatives dies and you are one of the heirs? You then have the choice between 3 solutions. That's what we call it the option estate. You can accept the estate, pure and simple, to accept the succession up to the amount of net assets or relinquish the estate. The obligation to pay any debts of the deceased and the steps to be taken vary according to the option chosen.
Outright acceptance
When you accept pure and simple the estate, you get your share of inheritance.
You must also pay the debts and expenses of the deceased within the limits of your rights in the estate.
Example :
If you are entitled to 1/4 of the estate, you must pay 1/4 of the debts and expenses of the deceased.
If you discover a large debt, you can go to court to be discharged in whole or in part. To do this, you must complete the 2 following conditions :
- You had legitimate reasons for ignoring the existence of this debt at the time of the acceptance of the estate
- Paying that debt could seriously damage your wealth
You must to bring proceedings before the court of justice in a 5 months from the day on which you become aware of this debt.
Who shall I contact
Acceptance up to net assets
Acceptance up to net assets means that you do not pay debts that exceed the value of the deceased's property.
You receive your share of inheritance without having to pay debts that would exceed the value of the inheritance. So your personal property is protected.
Example :
The value of the property of the deceased is equal to €3,000. The indebted equals €5,000. You only have to contribute to debts up to €3,000.
Waiver
If you give up the estate, you are considered never to have been heir. You do not receive property and you do not have to pay the debts of the deceased.
Please note
You can, within a certain limit, keep the property that the deceased has donated to you. If the deceased did not demand the civil report, you can keep donations within the limit of the available quota. If the deceased required the civil report, you can keep the donations within the limit of the share you would have been entitled to in the estate if you had accepted it.
However, if you ascendant or descendant from the deceased, you may be required to contribute to the funeral expenses according to your means.
Please note
if you are re-launched by creditors from the deceased, you can send them a copy of your waiver. You can also invite them to nominate the Domain to settle the estate.
You must meet deadlines to exercise the option to inherit.
Minimum time limit
From the opening of the estate, you have 4 months to exercise the option to inherit.
During that time, no one can force you to make a choice.
If you have not made a decision after 4 months, the following people have the right to force you to make a choice:
- Creditor of the succession
- Co-Heir
- Subsequent Rank Heir (who would inherit if you relinquished)
- The State
These people may force you to make a choice by extrajudicial act.
In that case, you have 2 months to make your choice or request an additional period of time from the judge. If you have not made a decision after this period, you are considered to have accepted the estate outright.
Please note
If you die before exercising the option to inherit, your heirs will have to exercise the option, separately, each for his part. The 4-month period applies to your heirs. The deadline starts from the opening of your estate.
Maximum delay
If no one forces you to make a choice, you have 10 years to the maximum to pronounce you. After this period, you are considered to have renounced the succession.
The 10-year limitation period is not valid in certain cases, particularly if you prove that you were not aware of the opening of the estate.
The estate option is indivisible. This means that you cannot accept one part of the estate and forego another part. The option chosen is valid for the entire estate.
However, if you are both heir and legatee of the same estate, you have a separate right of option.
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Outright acceptance
When you accept pure and simple you can no longer give up the estate or accept it up to the net assets.
Acceptance up to net assets
When you accept the estate up to net assetsYou can no longer give up the estate.
You can accept pure and simple the estate if you find that the value of the property transferred exceeds the debts.
FYI
the succession may have been accepted purely and simply by one or more heirs and up to the amount of the net assets by one or more others. In this case, the rules applicable to the latter option are binding on all heirs until the day of division of the estate's assets.
Waiver
When you give up the estate, you can still change your mind and decide to accept it outright. To do this, you must complete the 2 conditions following:
- Another heir (or the State) must not have, in the meantime, accepted this succession
- You must accept the estate within 10 years of its opening
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Outright acceptance
Acceptance can take two forms: express or tacit.
Express form
Express acceptance must be in writing. It can be done by privately signed document or by authentic instrument. For example, you sign and send the notary an act of acceptance pure and simple.
Tacit form
Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.
However, you may perform certain acts without this being considered an acceptance of the estate. For example, paying home insurance, collecting rents.
Acceptance up to net assets
Statement
You must declare the acceptance of net assets either on free paper or using a form.
Declaration of acceptance of an estate up to net assets
The steps differ depending on whether the estate is opened before or after October 2017.
- Succession opened after October 2017
You have the option to send or file the acceptance statement up to the net assets to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
You must publish the statement in the Official Civil and Commercial Advertising Bulletin (BODAC). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. If you go through the court registry, you have to pay the amount to the court's imprest and revenue account. They will provide you with a receipt to issue the statement.
You must have a notice published in a legal listing journal within the1 month after the declaration has been lodged at the registry of the court. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and perform other steps.
- Succession opened before October 2017
You must deposit it or send it to the court registry of the last residence of the deceased.
Who shall I contact
You must publish the statement in the Official Civil and Commercial Advertising Bulletin (BODAC). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. You must pay the amount to the imprest account and the revenue of the jurisdiction. They will provide you with a receipt to issue the statement.
You must also have a notice published in a legal listing journal within the1 month after the declaration has been lodged at the registry of the court. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and perform other steps.
Inventory
You must ask a commissioner of justice (former bailiff and judicial auctioneer) or a notary to make an inventory of the estate. This allows the assets and debts of the deceased to be estimated.
That inventory shall be lodged at the Registry of the Court of First Instance within a period of 2 months from the declaration of acceptance. Additional time may be granted by the judge.
Who shall I contact
You must publish the inventory in the Official Bulletin of Civil and Commercial Advertisements (Bodacc). This publication informs creditors of the deceased. The costs of publication shall be borne by the estate. You have to make the advance.
Creditors and legatees money can go into the inventory and get a copy of it.
Warning
if you do not file the inventory on time, you are considered to have accepted the estate outright.
Settlement of debts
From the publication of the declaration, the creditors bridge 15 months to claim what belongs to them. They must notify their claims at the domicile of the heir accepting the succession or of the notary in charge of the settlement of the succession.
Within the same 15-month period, you can choose to keep or sell the estate's assets.
You can ask the judge to designate a representative to manage the estate's assets on your behalf and settle the debts.
Waiver
Succession opened after October 2017
You must complete a return using a form. The form's package leaflet tells you the list of attachments.
Waiver of succession by an adult
You have the choice to send or deposit the waiver statement to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
Succession opened before November 2017
You must complete a return using a form. The form's package leaflet tells you the list of attachments.
Waiver of succession by an adult
You must send or file the declaration of renunciation at the court registry of the last domicile of the deceased.
Who shall I contact
Who can help me?
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Presentation of the Estate Option - Time Limits for Exercising the Option
Outright acceptance of the succession
Procedure for the acceptance of the succession up to net assets
Effects of the acceptance of the succession up to net assets
Waiver of the estate
Obligation of the heir to pay the debt in proportion to his inherited share
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