An inheritance doesn't just mean property — the deceased's debts get inherited too. If you simply accept the inheritance, you're liable for those debts with your own entire estate, not just the inherited portion. Fortunately, the law offers two ways to protect yourself.
An heir can renounce the inheritance by an express declaration to the court — either spoken or in writing. After renouncing, they're treated as if they never acquired the inheritance at all. You can only renounce the whole inheritance at once, though — you can't pick the favorable parts and renounce just the debts. This step is free of charge.
A gentler solution. The heir accepts the inheritance, but their liability for debts is limited to the value of what they actually inherited — no more. This is especially useful when you're not sure whether the debts exceed the assets, but don't want to give everything up outright.
For smaller estates, a formal inventory reservation can be replaced with a simpler, free joint declaration by the heirs about the estate, which has the same protective effect — a professionally prepared inventory is chargeable and only worth it if there's a well-founded concern about significant debts.
| Action | Deadline |
|---|---|
| Renouncing the inheritance | 1 month from the court's notification (3 months if residing abroad) |
| Reserving an inventory | 1 month from the court's notification of this right |
Both deadlines run from the moment the notary, acting as court commissioner, notifies you of the relevant right in writing or verbally — not from the date of death.
The end of probate proceedings doesn't mean a definitive close. If another, previously unknown debt of the deceased later comes to light, the heir remains liable for it — provided they accepted the inheritance without reserving an inventory. The exception is debts for which the statute of limitations has since run out.
This is a general description of the statutory options, not legal advice for your specific case. If you have genuine concerns about the deceased's debts, we recommend discussing the situation directly with the notary handling the proceedings.