Can I reject an inheritance with debts?
Yes: you can renounce or accept under benefit of inventory. No one is obliged to accept an inheritance. Facing an inheritance with debts, you have three options: renounce it (you get nothing, but answer for no debts), accept it outright (you get the assets, but answer for the debts with your own assets too) or accept it under benefit of inventory, the most prudent option: you answer for the debts only up to the value of the inherited assets, without risking your personal estate. Renouncing and accepting under benefit of inventory are done before a notary and there are deadlines to respect. It's wise to make an inventory of assets and debts before deciding.
📋 The rules
- You're not obliged to accept an inheritance
- Renounce: you get nothing, but answer for no debts
- Accepting outright: you answer with your own assets
- Accepting under benefit of inventory: you answer only up to the inherited assets
- Renouncing and inventory are done before a notary, with deadlines
🔓 Exceptions
- Acts of disposal over the assets may amount to accepting the inheritance
- If you renounce, your share passes to the next in line to inherit
- Benefit of inventory requires drawing up the inventory within the legal deadlines
⚠️ Penalties & fines
The big risk is accepting the inheritance outright (or tacitly, e.g. by disposing of the assets) without knowing there are debts: then you answer for them with all your assets, present and future. So, in doubt, the prudent thing is to not touch the assets and go to the notary to accept under benefit of inventory or renounce, within the deadlines. Renouncing to harm your creditors can be challenged by them. Get well informed and, if the estate is complex, seek advice.
📎 Official sources
- BOE · Civil Code (acceptance and repudiation of inheritance, art. 988 ff.) →
- General Council of Notaries · Accepting or renouncing an inheritance →
- Administración · Inheritances →
❓ Frequently asked
Am I obliged to accept an inheritance with debts?
No. You can renounce the inheritance before a notary and then answer for no debts (but you also receive no assets). You can also accept it under benefit of inventory, so you only answer for the debts up to the value of the inherited assets.
What is accepting under benefit of inventory?
It's accepting the inheritance while limiting your liability: the deceased's debts are paid only with the inherited assets, without affecting your personal estate. For that you must draw up an inventory of assets and debts and follow the notary procedure in time.
What happens if I just accept the inheritance?
If you accept it outright, you receive the assets but answer for the debts with your own estate too. So if you suspect there are debts, it's best not to accept lightly and to weigh the benefit of inventory or renunciation.
How do I renounce an inheritance?
Renunciation must be express, before a notary. Doing nothing isn't enough. Note that, on renouncing, your share passes to the next in line to inherit (e.g. your children), who will also have to decide whether to accept or renounce.
Is there a deadline to decide?
Best not to delay it. Creditors can demand you accept or renounce, and certain acts over the assets may be read as tacit acceptance. Benefit of inventory also requires drawing up the inventory within the legal deadlines. In doubt, get advice soon.
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