Renunciation of a succession
The right to the renunciation of an inheritance is granted to all the heirs, without having to justify their decision.
The latter, however, have ten years to reverse their decision , provided that no other heir has accepted the inheritance.
However, the law permits an acceptance to the extent of net assets (formerly known as inventory profit).
This procedure will make it possible to draw up an inventory (established obligatorily by a ministerial officer who is generally the notary, but who can also be a bailiff).
This freedom is available only to heirs and the balance sheet must be drawn up within two months to establish this inventory.
In which cases should we refuse?
If the deceased has debts
First of all, remember that the base of succession is composed on the one hand, assets (investments, furniture, real estate …) and liabilities (loans in progress, bank overdrafts, unpaid bills …) of the deceased. The real inheritance thus corresponds to the positive or negative balance.
In the event that the balance is negative, the heirs are therefore entitled to refuse the estate that falls to them so as not to have to pay the deceased’s liabilities.
If we want to favor another heir
It is quite possible to refuse the inheritance for the sole purpose of benefiting other heirs, his brothers and sisters, for example.
If we want to reduce the cost of transmission
You can also give up the estate in order to favor your children. You will avoid paying the rights over two generations. Your parents’ inheritance will “leapfrog” a generation by going directly to your children.
How do you express your refusal?
The formalities must be completed by the heir himself. The procedure for refusing an estate has been simplified in 2009 and it is no longer necessary to travel to register your waiver.
You do not need to write a waiver letter or use a sample letter template. All you have to do is send to the registry of the district court of the municipality where the estate was opened, the form CERFA nº 14037 * 01, enclosing the following documents:
- The death certificate
- The birth certificate of the heir
- Proof of the identity of the heir
You must transmit your decision within 4 months of the death so as not to block the succession process. During this time, no one can force you to shorten the time.