Can I reject an inheritance with debts?
Yes: you can reject an inheritance (e.g. an indebted one) within 6 months. Under art. 1012 and 1015 of the Civil Code, you have 6 months — counting from the day you learned of the title of your calling to the inheritance (usually from the testator's death or rejection by an earlier heir) — to make a statement rejecting the inheritance. You make the statement before a notary or in court. If you make no statement in time, you're deemed to accept the inheritance with the benefit of inventory (liable for debts only up to the estate's value). After rejecting, you're treated as if you didn't live to see the inheritance open, and your share passes to the next heirs — including your children, so the inheritance often has to be rejected on their behalf too (with court consent).
📋 The rules
- Deadline: 6 months from learning of the calling
- Statement before a notary or in court
- No statement = acceptance with the benefit of inventory
- After rejecting: treated as not living to see the inheritance
- The share passes to the next heirs, including children
🔓 Exceptions
- Acceptance with the benefit of inventory: liability up to the estate's value
- Rejecting on a minor child's behalf: requires guardianship-court consent
- Avoiding the effects: possible on error or threat, under Civil Code rules
⚠️ Penalties & fines
The most serious risk is missing the deadline: after 6 months without a statement the inheritance is deemed accepted (with the benefit of inventory), so you're liable for the estate's debts up to its value — and with simple acceptance even with your whole assets. If you reject the inheritance, remember your share passes to further heirs, including minor children — to protect them from debts, the inheritance must be rejected on their behalf too, which requires guardianship-court consent (the deadline runs for that as well). To do it safely: establish the date from which the deadline runs, make the statement before a notary or court before it expires, and see to rejection on the children's behalf. If in doubt, consult a lawyer.
📎 Official sources
- ISAP · Civil Code (acceptance and rejection of inheritance, art. 1012-1015) →
- National Council of Notaries · Inheritance →
- Ministry of Justice · Inheritance matters →
❓ Frequently asked
How long do I have to reject an inheritance?
6 months, counting from the day you learned of the title of your calling to the inheritance — usually from the testator's death or from rejection by an earlier heir. After this deadline without a statement, the inheritance is deemed accepted with the benefit of inventory.
Where do I make the rejection statement?
Before a notary or in court (the district court for your place of residence). The notary draws up a deed, and the court receives the statement at a hearing or session. It's vital to make it within the 6-month deadline — the date the statement is made counts, not the mere intention.
What happens if I do nothing in time?
If you make no statement within 6 months, you're deemed to accept the inheritance with the benefit of inventory — liable for the estate's debts only up to its value. That's more favourable than the old simple acceptance, but it's still worth deciding consciously, especially with debts.
Does rejecting an inheritance pass to children?
Yes. After rejecting, you're treated as if you didn't live to see the inheritance open, so your share passes to the next heirs, including your children. To protect minor children from debts, the inheritance must be rejected on their behalf too, which requires guardianship-court consent.
Can I reject only the debts and keep the assets?
No. You can't selectively accept the favourable items and reject the debts. An inheritance is accepted or rejected in whole. You can, however, accept it with the benefit of inventory, limiting liability for debts to the value of the inherited estate, which protects against excessive debt.
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