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The deadline is 3 months from death, not 6; factual possession already counts as accepting
Updated July 2026

📜 How long do you have to accept or renounce an inheritance?

With conditions
Quick answer

It depends on what you do — you can accept or renounce an inheritance, but only within a strict deadline, and the myth that 'I have 6 months to decide' is misleading: the deadline is 3 months. Under Article 5.50 of the Civil Code, an heir must accept an inheritance within 3 months of the opening of succession (death) — either by actually taking possession of the property, by applying to court for an inventory, or by filing a statement with the notary. Renouncing an inheritance is also possible only within 3 months; the renunciation is unconditional and irrevocable. The key thing people miss: an ordinary acceptance also means taking on the deceased's debts, so living in the late person's flat or using their belongings can count as factual acceptance — debts included. If you accept by inventory, you are liable for debts only up to the value of the inherited property, not with your own assets.

📋 The rules

  • An inheritance must be accepted within 3 months of the death (Art 5.50 CC)
  • Acceptance is by taking possession, applying for an inventory, or a statement to the notary
  • Renunciation is possible only within 3 months; it is irrevocable and unconditional
  • An ordinary acceptance also means taking on the deceased's debts
  • Accepting by inventory caps liability at the value of the inherited property

🔓 Exceptions

  • A missed acceptance deadline may be extended by court for good reasons, or where the other heirs consent (Art 5.57)
  • Heirs whose right arises only when others renounce count the deadline from when their right arises
  • Minors and incapable persons accept through representatives, protected by additional rules

⚠️ Penalties & fines

The biggest risk here is not a fine but debts inherited by accident. With an ordinary acceptance the heir also takes on the deceased's obligations, so they may have to cover the late person's debts — sometimes even exceeding the value of the inherited property. What people miss: doing nothing can still amount to accepting by accident — moving into the deceased's flat, using their car, or paying their bills counts as factual possession. That is why, if debts are in doubt, the safest route is to accept by inventory: liability is then capped at the value of the inherited property. Miss the 3-month deadline and the right must be restored through court, which is costly and slow; a dispute among heirs complicates it further. Renunciation is irrevocable, so the decision must be made after weighing assets against debts.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

How long do you have to accept an inheritance?

An inheritance must be accepted within 3 months of the opening of succession, that is the day of death. So the widespread belief that you are given 6 months to decide is mistaken and can cost you the right to inherit.

How is an inheritance accepted?

An inheritance is accepted in three ways: by actually taking possession of the property, by applying to court for an inventory, or by filing a statement with the notary of the place of succession. Any of these actions taken within 3 months counts as acceptance.

Do I take on the debts by accepting?

Yes, an ordinary acceptance also means taking on the deceased's debts, so you may have to answer for them with your own property. To limit the risk, an inheritance can be accepted by inventory — then liability is capped at the value of the inherited property.

How do you renounce an inheritance?

You can renounce an inheritance within the same 3 months by filing a statement with the notary, and such a renunciation is unconditional and irrevocable. You cannot renounce part of an inheritance or attach conditions — the whole inheritance is renounced at once.

What if you miss the deadline?

A missed acceptance deadline may be restored by court if it was missed for good reasons, or where all the other heirs consent. Even so, this is an extra and often costly process, so it is best not to miss the deadline in the first place.

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