There is a difference between heir and Devisee

Inherit Agree, but what: an unexpected asset or hidden debts It is the first thing to check. Because it quickly became heir, even unintentionally. Just a few emergency decisions, related to the heritage of the deceased and this quality is recognized you. However, once the inheritance is accepted, more to go back and to renounce the succession issue. It is therefore a very important moment. Heir has three options, accept or refuse the estate, or even accept the net.

The acceptance may be pure and simple. "In this case, when the estate is in deficit, accepting heir will be required to support this deficit, warns MeJean-François Sagaut, notary at Paris. It is said that the heir is obliged "ultra vires successionis", i.e. beyond the active forces of the estate. "In fact, he answers of all debts, including his own heritage. Why pure and simple acceptance must not be determined if it is safe to collect more than debt.

Acceptance can also be to the extent of the net. In this case, the risk is much smaller, the heir then only given to the settlement of liabilities in the limit of the collected assets. Attention: it may happen that some debts are not known at the time of the distribution of the estate. In this case, they are also addressing.

A personal decision

If it has serious doubts about the debt, the heir can still deny the estate. "It shall not be, in this case, required to pay estate debts, with the exception of funeral expenses and funeral", said MeSagaut, adding: "But, beware, this waiver must be the result of an express declaration to the registry of the High Court of the place of opening of the succession."

The case of the legatee

Where the estate contains several beneficiaries, it may happen that all heirs are not in agreement on the decision to make. The option is personal, it does not bind the heirs. When a person waives its heritage, its share increases vested share to the other heirs. "Except, note MeSagaut, there is application of the mechanism of estate representation for which the heir renouncing is represented by his descendants or his collateral privileged." In any event, if a sole heir accepts the succession, he must pay the debts even if they proved superior to the assets.

There is a difference between heir and Devisee. The heir is designated by law. Not the legatee, which is established by will of the deceased. Heir or universal legatee, the beneficiary is solidarity with the payment of all rights and liabilities. This is not the case of the particular legatee, held in the payment of debts to competition from the property it receives.

Four months to think

The heir has at least four months from the opening of the succession to accept or refuse the legacy. Without reply at the end of this period, a creditor, a co-heir, or even the State can ask him to pronounce its decision. From here, the heir has two months to exercise its estate option or ask the judge time. "If having taken its decision on expiry of the period of two months, the heir shall be deemed accepted the succession", concludes Jean-François Sagaut. But if anyone does forced it to be pro-State, after ten years, the heir is considered as renounced the inheritance. However, the time does not run until the heir is unaware of his succession rights. A Board, there is doubt about the debts, the ideal is to drag things. Once accepted, the estate can no longer be denied. Conversely, if one renounces, it is possible, in some cases to accept then.