An inheritance passes to the heirs automatically on death; no act is needed to take it on. That passing covers not only the assets but the debts as well. Where the estate’s debts exceed its assets, the route to take is renouncing the inheritance. Without renunciation the heir becomes liable for the debts of the estate out of their own personal assets too.
When does the three-month period start? #
The period allowed for renouncing an inheritance is three months and it is preclusive; it does not stop and is not interrupted. Its starting point varies with the status of the heir:
- For heirs at law: from the date on which they learn of the deceased’s death and of their own status as heirs. An heir who claims not to have known of the death, or to have learned of their status later, must prove it.
- For appointed heirs: from the date on which the disposition upon death was officially notified to them.
- Where earlier heirs renounce: for heirs in the next degree, the period begins when the renunciation is notified to them.
If the period is missed, the inheritance is treated as accepted unconditionally. Where there are significant reasons, however, the justice of the peace may grant heirs at law and appointed heirs an extension.
How is it done? #
Renunciation is declared, orally or in writing, to the civil court of peace for the deceased’s last place of residence. The declaration must be unconditional and unqualified: partial renunciation, conditional renunciation or a declaration such as “I renounce as far as the debts go” is invalid. The court records the declaration in a special register and issues a certificate on request.
Each heir decides separately for their own share; one heir’s renunciation does not bind the others. To renounce on behalf of minors and persons under guardianship, the permission of the civil court of peace is required in addition to the application by the legal representative.
Renunciation by operation of law: available even after the period #
Where the deceased was insolvent at the moment of death, that is where it is clear that the estate’s debts exceed its assets, the inheritance is treated as renounced by operation of law. The three-month condition does not apply in that case. To have the insolvency of the estate established, an action for renunciation by operation of law is brought, either when creditors begin enforcement or directly.
The claim is brought against those pursuing the estate as creditors and is declaratory in nature. In practice this is the most important possibility for heirs who have missed the three-month period. But an heir who has behaved in a way that amounts to taking possession of the estate cannot benefit from it.
Conduct that extinguishes the right to renounce #
An heir who does anything beyond the ordinary acts of managing the estate, or who takes possession of it, can no longer renounce. Examples frequently seen in practice:
- Withdrawing money from the deceased’s bank account or continuing to use the account
- Selling or transferring their vehicle, or registering it in one’s own name
- Letting the property or collecting the rent
- Obtaining a certificate of inheritance and carrying out the transfer at the land registry
- Concealing property belonging to the estate or appropriating it
By contrast, meeting funeral expenses, necessary steps to preserve the estate and enquiries made simply to obtain information do not extinguish the right to renounce.
To whom does the renounced share pass? #
If one of the heirs at law renounces, their share passes, as if they had not been alive when the succession opened, to those entitled — as a rule to the renouncing heir’s own descendants (grandchildren, for instance) (Civil Code art. 611). That is the consequence most often overlooked in practice: when an indebted estate is renounced, the risk does not disappear — it shifts to the renouncing heir’s children. If all the descendants renounce, their shares pass to the surviving spouse (art. 613).
Renunciation must therefore be coordinated within the family. If all the nearest heirs at law renounce, the inheritance does not pass to the next class, such as the deceased’s parents or siblings; the estate is liquidated by the civil court of peace under the provisions on bankruptcy, and any value remaining is handed to those entitled as if they had not renounced (art. 612).
What can creditors do after a renunciation? #
If the deceased made a gratuitous benefit to one of the heirs within the five years before their death, the renouncing heir can be held liable to the creditors to the extent of that benefit. The aim is to prevent assets being moved in advance to escape the debt. Ordinary education and marriage expenses and customary gifts fall outside that scope.
Creditors can also seek annulment of the renunciation, arguing that the heir renounced in order to harm their claims. That claim is brought within six months of the date of renunciation. If it succeeds, the renounced share is liquidated to the extent of that creditor’s claim; any remaining value is left to the other heirs.
The certificate of inheritance #
The document showing status as an heir can be obtained from the civil court of peace or from a notary. The notary issues it where the succession is clear from the civil registry records; in files with a foreign element, where there is a will, or where the records are contradictory, an application to the court is needed.
Obtaining a certificate of inheritance does not by itself amount to accepting the inheritance; but using it to carry out a transfer at the land registry, or to collect from the estate, counts as taking possession and extinguishes the right to renounce. That distinction is decisive for heirs waiting for the period to expire.
If the deceased left a will or an inheritance contract the content of the document changes; for the formal requirements of those documents see our article on how to make a will.
An alternative: an official inventory #
An heir who is unsure of the state of the estate can, instead of renouncing, ask for an official inventory to be taken. That request is also made within one month of learning of the death. Once the inventory is complete, the true position of the estate is shown to the heir and they are given the chance to decide again. Where the inheritance is accepted subject to the inventory, the heir is liable only for the debts entered in it.
If you suspect assets have been kept from the estate, see our guide to simulated transfers by the deceased; for calculating shares, our inheritance share calculator; and for the subject as a whole, our inheritance law page.
What happens when one heir renounces? The chain of renunciation #
A person who renounces an inheritance is treated as if they had died at the moment the succession opened; their share passes automatically to their descendants. That is the point most often overlooked in practice: a person who renounces an indebted inheritance can make their children, and even minor grandchildren, liable.
For an insolvent estate, therefore, renunciation must be planned across all degrees together within the family. Renouncing on behalf of minors requires the permission of the guardianship authority; the period for them is also three months as a rule. If all the nearest heirs renounce, the estate is liquidated by the civil court of peace under the provisions on bankruptcy and no liability remains with the heirs.
A common misconception: “I renounced, so the debt is gone” #
Renunciation frees the heir from the deceased’s debts; but it does not free them from their own guarantee or their own debt. If you stood surety for a loan while the deceased was alive, renouncing the inheritance does not end that suretyship. Likewise, gifts made to you by the deceased during their lifetime can still be reclaimed after a renunciation: a person who renounces remains liable to the creditors for benefits received within the five years before the death which they are obliged to return to the account of the estate. Both of these headings must be assessed separately before deciding to renounce.
Establishing the estate and taking an inventory #
An heir who does not know whether the estate is insolvent can, instead of renouncing or accepting outright, ask for an official inventory. The request is made to the civil court of peace within one month of learning that the succession has opened.
The court enters the estate’s assets and liabilities in an inventory; creditors are given a period to come forward by public notice. Once the inventory is complete the heir is allowed a month to consider, and may accept the inheritance limited to the debts entered in the inventory. That route is the safest option between renunciation and unconditional acceptance; it is what should be considered first for estates where the picture of the debts is unclear.
Annulment of a certificate of inheritance #
A certificate of inheritance is a document treated as valid until the contrary is proved; it does not create a final judgment. If it was drawn up incorrectly because of a gap in the civil registry records, an heir who emerges later, an adoption or a relationship of parentage, its annulment and the issue of a new one can be sought.
That request is not subject to a time limit; but where land registry transfers and bank payments have been made in reliance on the incorrect certificate, recovering them becomes the subject of separate claims and grows difficult. So where there is any doubt about the circle of heirs, the accuracy of the certificate should be checked before any division is made.
