Navigating Inheritance: When and How to Avoid Paying Debts After a Succession

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Who Needs to File an Inheritance Declaration?

Those who must submit an inheritance declaration are often anxious about debts, either those of the deceased or their own, as both can lead to a decrease in the inherited estate.
Fortunately, there are ways to safeguard oneself from debts even after the declaration of succession is filed.
Here’s when and how to protect yourself.

Do I Have to Pay the Debts of the Deceased After Inheritance?

Filing an inheritance declaration does not obligate anyone to pay the debts of the deceased, as this action does not constitute acceptance of the inheritance.
It is merely a fiscal obligation required even from potential heirs and does not imply tacit acceptance.

No matter who filed the declaration, there is no immediate obligation concerning the deceased’s debts.
However, one must avoid tacit acceptance of the inheritance, as behaving as an heir implies acquiring that status.
Exceptions are actions aimed solely at preserving the inherited estate or those purely informative, which do not conflict with the intention to decline the inheritance.

How to Avoid Paying Inherited Debts

Assuring oneself that the inheritance declaration does not signify acceptance is not enough to shield against debts.
Failing to request an inventory within the required timeframe can lead to tacit acceptance.
Those possessing assets from the inherited estate can formally request acceptance with the benefit of inventory within three months of the succession opening.

Once tacit acceptance occurs, it can hinder the ability to ask for inventory benefits and renounce.
In the presence of inherited debts, it is generally inadvisable to delay taking action, risking misunderstandings or legal implications.

Heirs have 10 years from the succession opening to either accept or renounce the inheritance, which typically coincides with the date of death.
Missing this period results in an automatic, irrevocable renunciation.

Inheritor’s Own Debts After Succession

The dynamics change when the debts of concern are the inheritor’s own, rather than the deceased’s.
Many may wish to renounce the inheritance, sometimes colluding with co-heirs to evade paying creditors who might pursue the deceased’s estate.
While the inheritance declaration still does not indicate acceptance, creditors may contest the renunciation in court.

Furthermore, a debtor ceases to be an heir and thus loses any rights to the remaining share of the estate affected by their debts.
Creditors may also seek the appointment of a curator to manage the inherited estate in anticipation of possible acceptance.

Ultimately, creditors cannot act in court if the inheritor loses the right to accept the inheritance, for instance, due to the expiration of the 10-year period (or shorter period set by the court), preventing them from compelling acceptance.

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