Acceptance of an Inheritance Subject to Inventory: What It Is and When It Is Required

Following the opening of an inheritance, each heir must decide whether and in what manner to accept the estate left by the deceased. One available option is acceptance of the inheritance subject to inventory,a legal mechanism which provides enhanced protection for the heir against the liabilities of the deceased.

In this article, we explain what this form of acceptance entails, its principal advantages, and the steps required for its implementation.

What Is Acceptance of an Inheritance Subject to Inventory?

Acceptance of an inheritance subject to inventory is a procedure whereby the heir expressly declares the intention to accept the inheritance , while limiting liability for the deceased’s obligations only up to the value of the inherited assets.This mechanism protects the heir from situations in which the deceased’s debts exceed the value of the estate.

When Is It Advisable to Accept an Inheritance Subject to Inventory?

This form of acceptance of an inheritance is particularly appropriate in the following situations:

• where there are doubts that the estate contains more liabilities than assets;
• where the heir has no clear knowledge of the deceased’s property and financial situation;
• where the deceased had multiple creditors;
• in cases involving complex or disputed estates;
• where the inheritance is accepted by an heir entitled to a reserved share who has filed a claim for its restoration against a person who is not a statutory heir;
• where the heir is a minor, the State, or a public or charitable organisation.

How Is Acceptance of an Inheritance Subject to Inventory Carried Out?

The procedure involves the following steps:

1. Submission of an Application The heir must submit a written application to the District Court at the place of the deceased’s last permanent residence within three months of becoming aware of the death of the deceased. Upon the death of the deceased, the inheritance is deemed to be opened. The application must include an inventory of all movable and immovable property of the deceased known to the heir. The following documents must be attached: a certificate of heirs; the death certificate; evidence of ownership of all assets belonging to the deceased and forming part of the estate.
2. Preparation of the Inventory The court appoints a competent person—usually a court enforcement officer (bailiff)—to draw up the inventory of the deceased’s estate. The inventory includes all known assets and liabilities and is prepared in the form of an official record (protocol). Each item of property is listed individually and is assigned a valuation.

What Are the Legal Consequences of Accepting an Inheritance Subject to Inventory?

Acceptance of an inheritance subject to inventory provides the following legal safeguards:

• the heir is liable for the deceased’s obligations only up to the value of the inherited assets;
• the deceased’s creditors may not seek satisfaction from the heir beyond the assets forming part of the estate;
• the heir’s personal property is protected from claims relating to the deceased’s debts.

What Documents Are Required to File an Application for Acceptance Subject to Inventory?

The following documents are typically required:

• the death certificate of the deceased;
• a certificate of heirs;
• the heir’s personal identification document;
• an application for acceptance of the inheritance subject to inventory.

Frequently Asked Questions Regarding Acceptance of an Inheritance Subject to Inventory

What is the time limit for accepting an inheritance subject to inventory?

The statutory time limit is three months from the date on which the heir became aware of the opening of the inheritance. Where justified grounds exist, the court may extend this period.

May I renounce the inheritance after having accepted it subject to inventory?

No. Once an inheritance has been accepted—regardless of the form of acceptance—renunciation is no longer possible. The right to renounce lapses upon acceptance.

What Is the Difference Between Unconditional Acceptance and Acceptance Subject to Inventory?

In the case of unconditional acceptance, the heir is liable for the deceased’s debts with his or her entire personal property. By contrast, where the inheritance is accepted subject to inventory, the heir’s liability is strictly limited to the assets forming part of the estate.