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They do — and an accepted inheritance cannot be given back
Updated July 2026

📜 Do debts pass to you along with an inheritance?

Yes
Quick answer

Yes — and this is one of the most dangerous misunderstandings in the whole of inheritance law. Whoever has once accepted an inheritance can no longer renounce iteven if they later learn of the deceased's debts. And if the estate does not cover those debts, the law expressly provides that the heir must pay from their own personal funds: from their salary, their savings, their own flat. There is protection, but it has to be claimed in time: an heir may invoke the benefit of inventory, which frees them from paying the debts out of their own pocket and limits liability to the value of the estate. The application to the court must be filed within two months of the estate opening. And an inheritance can simply be refused — renounced, where the debts plainly exceed the assets.

📋 The rules

  • Debts pass with the estate
  • An accepted inheritance cannot be given back
  • If assets fall short — you pay from your own funds
  • The protection: benefit of inventory
  • Application to court: within 2 months

🔓 Exceptions

  • An inheritance may be renounced before the notary rather than accepted
  • If no summons sets the term, the law provides a one-year acceptance period
  • Creditor claims not filed within the term are declared extinguished by the court

⚠️ Penalties & fines

Two months is all you get. The benefit of inventory is the only way to limit your liability to the value of the estate — and the application to the court must be filed within two months of the estate opening. Miss it, and you answer for the deceased's debts with your own property, with no way back. So never accept an inheritance “just in case” before you know what is in it: acceptance is irrevocable, even if the debts surface a year later. The other side is good news: creditor claims not filed within the term stated in the notice are, when the heirs are confirmed in their rights, declared extinguished by the court — and the creditors lose the right to demand performance. In this field the deadlines decide everything.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Does an heir take on the debts?

They do. The deceased's debts pass along with the assets, and if the estate does not cover them, the law provides that the heir must pay the remainder from their own personal funds.

Can I renounce after accepting?

You cannot. Whoever has once accepted an inheritance may no longer renounce it, even on later learning of debts. That is why it matters to establish what the estate actually contains before accepting it.

What is the benefit of inventory?

It is the means of avoiding liability for the deceased's debts out of your own funds, limiting liability to the value of the estate. The application must be filed in court within two months of the estate opening.

How long is the acceptance period?

The term may be set in the summons announcing the opening of the estate. Where there is none, the law provides a one-year period, and the notary individually informs heirs traceable in the public registers.

What happens to late creditors?

If creditor claims are not filed within the term stated in the notice, the court, when confirming the heirs in their rights, declares them extinguished, and the creditors lose the right to demand performance.

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