The heir has the option to relinquish the inheritance, but it must be done during the lifetime of the testator. To do this, write down the appropriate agreement. What pages does this document represent? Heirs may receive property from statutory or testamentary inheritance. The Civil Code distinguishes five groups of successors. They have the option of accepting an inheritance directly or with the benefit of inventory. In both cases, they should remember to submit an appropriate statement. At the end of the text there is a glossary explaining the concepts of statutory heirs.
Who inherits debts from a deceased person – statutory and testamentary inheritance
If the testator (testator) made a last will before his or her death, the persons indicated in it will receive a decrease. The important thing is that this type of document should be written by a fully conscious person. If it has been made in the event of a serious illness, it may be considered invalid.
If the testator did not leave a will, statutory inheritance takes place. Any inheritance debts, i.e. loans and installments via the internet , can be inherited by people assigned to five groups. These heirs are defined in the provisions of art. 931-935 of the Civil Code:
- spouse and children,
- spouse, parents, siblings,
- grandparents or their descendants,
- commune or State Treasury.
What part of the decrease falls in the first and second group in statutory inheritance?
Each of the persons mentioned by the Civil Code in statutory inheritance in the first and second group, inherits in various degrees. Their scope is presented in Title II The statutory inheritance of the Civil Code. These rules are defined in art. 931 and 932.
If the spouse inherits with the children, each receives an equal share of the property, however, not less than ¼. The fall covers half of the property of the joint wife and husband and the personal good of the testator. If the spouses did not have a property community, then the subject of inheritance is the separate property of the husband or wife.
In the case of the second group, the spouse receives half of the inheritance. At that time, the parents inherit respectively ¼ of the estate. The siblings will also get a quarter of a drop. Descendants of siblings also inherit in the same parts.
What part of the estate falls to the third and fourth group?
Statutory inheritance in the third and fourth group respectively belongs to grandma and grandfather or their descendants or stepchildren of the deceased. They inherit in the parts referred to in art. 934 of the Civil Code.
Grandparents inherit a quarter of a drop. In the next step he falls down to them. Then, the right of inheritance is granted to the uncles, uncles, aunts, etc. of the testator. They receive a decrease in equal parts.
Stepchildren inherit the fall equally. In this case one important thing should be remembered. They can get a fortune if both biological parents are dead.
Principles of inheritance of inheritance in the first and second group
A husband or wife and children in the first group can inherit property with debt in the first place. A spouse, parents or siblings inherit a fall when the deceased left no children behind. If one of the parents did not live up to the day of the opening of the inheritance, he falls to the sibling testator.
How does the fall inherits the third and fourth group?
Grandmother and grandfather, their descendants and stepchildren can receive a drop in debt if the previous groups are unable to inherit. The testator did not leave children or grandchildren behind. His spouse, parents and siblings are also dead.
If one of the grandparents is dead, the fall falls to their descendants. There may be a situation where grandmother or grandfather who did not live to open the inheritance have no descendants. Then the fall falls to the other grandparents.
When does the fall fall to the commune or the State Treasury?
The commune or the State Treasury may receive a legacy from the deceased, when the previous groups are unable to inherit it. Such a provision can be found in art. 935 of the Civil Code. The fall falls in the last municipality of the tester’s place of residence.
The State Treasury will receive property only in certain situations. When it is not possible to determine the last place of the testator’s residence. The second option is related to the case when the tester lived abroad.
How to relinquish the inheritance of a deceased person?
A relapse is not possible after the death of the testator. The successor can do this only if the testator is still alive. Then it is necessary to draw up a contract. Its sites will be a testator and successor.
The contract should be created by a notary public. This document is necessary for the heir to relinquish the property. He is treated as a deceased person who did not live to see the opening of the inheritance.
Acceptance of a drop directly – what is it about?
The heir has the opportunity to take a decree directly after the deceased. This means that the successor decides to accept the property without limiting the liability for inheritance debts. To take a direct fall, a relevant statement must be made for this purpose.
This document must be submitted within six months of the opening of the inheritance. There may be a situation that the successor will forget about such a statement. Art. 1015 of the Civil Code assumes then that the heir accepts the property with the benefit of the inventory.
The declaration of acceptance of the inheritance may be made directly by a person who has full legal capacity. If the property falls to a minor, then such a document should be submitted by a legal guardian. At the same time, the consent of the guardianship court is required.
Accepting a drop directly can lead to consumer bankruptcy
If the heir decides to accept the inheritance directly, he should take account of the consequences. The inheritance debt may exceed assets. The successor may then have no funds to repay him.
This situation can lead to a lack of money. The heir will not have financial resources for basic fees. Then, the only solution will be consumer bankruptcy .
What is the acceptance of inheritance with the benefit of inventory?
The successor has the opportunity to accept the inheritance with the benefit of the inventory. Then it acquires property with limited liability for inheritance debts. This means that he is not responsible for inheritances that exceed the value of assets.
He should make a statement to this effect. Such a document should be submitted within six months from the date of opening the inheritance. This period is provided for in art. 1031§2 of the Civil Code.
Acceptance of inheritance with the benefit of inventory does not affect the heir’s budget. He does not have to pay off debts. Then his creditworthiness does not change.
Acceptance of inheritance with the benefit of inventory can take place in three ways:
- by submitting a statement to a notary or court
- by law, when the heir is underage
- by virtue of law to heirs, if at least one of them did not make a statement, and accepted the fall with the benefit of the inventory.
Acceptance of inheritance with the benefit of inventory is associated with costs. Goods that are part of the property should be valued. The inventory is made by the bailiff, whose service the heir must pay.
What does the term rejection decline mean?
The rejection of inheritance is the last option that a successor has to choose. To refuse a drop, he must make a statement to this end. This should be done before the court or the notary.
The heir for making the declaration has six months from the day on which the inheritance occurred. He should be aware of the fact that the document can not be canceled. After his submission, the successor is considered a deceased.
Is the inheritance of inheritance debt possible?
According to art. 118 of the Civil Code, the limitation period for inheritance debt follows six years, unless the special rule provides otherwise. If the inheritance debt concerns periodic benefits, the period is three years. The same period of limitation of inheritance debt is related to running a business.
The limitation of inheritance debt is not tantamount to its redemption. This means that the successor must settle inheritance debts. The creditor has the right to demand it from him.
Loans may be necessary to pay back the inheritance debt. If the heir will not be able to pay the installments on certain dates, he will be in the ERIF database . This is the register that the debtors go to.
Inheritance law – glossary of terms:
Inheritance law uses terms that may not be understandable. Below are some terms used in the text.
- Statutory inheritance – the type of inheritance whose principles are based on Title II The statutory inheritance of the Civil Code. It takes place when the testator left no last will.
- Successor-other term descendant. It is a natural or legal person who is entitled to a decrease.
- Testator – it’s a different testator. This is the name of a natural person. After her death, the fall passes to heirs.
- Pre-persons from whom the deceased person comes. They are his parents, grandparents or great-grandparents.
- Descendants – this is what the testator’s descendants are called. They are his children, grandchildren and grand-grandchildren. The descendants include: natural descendants of a natural person, adopted children, children considered by the testator as their own and extramarital children.