Heirs can formally reject an inheritance within six months to avoid liabilities, requiring a court or notarized statement.
What is Inheritance Rejection?
Inheritance rejection is a declaration by an heir where they relinquish rights to inherit from a deceased person. The consequence is treating the heir as if they predeceased the deceased, causing the estate’s rights and obligations to pass to the next entitled heirs.
This declaration is irrevocable and covers the entire inheritance—partial rejection or conditional rejection is not permitted.
Who Can Reject an Inheritance and When?
Any statutory or testamentary heir can reject an inheritance. The declaration must be submitted within six months from the date the heir learns of their entitlement to inherit.
Failing to submit a declaration within this period results in accepting the estate with the benefit of inventory.
Step-by-Step Process for Rejection
The first step is determining if the inheritance is statutory or testamentary and identifying the start of the six-month deadline.
The declaration can be submitted personally or through a special power of attorney representative. A certified copy of the deceased’s death certificate, confirming the estate’s opening, is required. Before a notary, the declaration takes the form of a notarial deed.
Rejection Before Court or Notary
A declaration before a court is made during non-litigious proceedings. Before a notary, it is recorded in a protocol accepting the declaration of inheritance rejection. The notary includes the deceased’s details, confirms the person’s heir status, and records the rejection. Both forms are legally equivalent.
Statement Templates
Sample declaration: “I hereby reject in full the inheritance after [Deceased’s Full Name], deceased on [Date], last residing at [Address], to which I was called by law / will.”
Template for notarial protocol: “[Full Name] declares rejection of the inheritance by law / will after [Deceased’s Full Name], deceased on [Date], last residing at [Address].” The text is incorporated into the notarial act.
Summary
Inheritance rejection effectively avoids liability for estate debts but requires meeting the statutory deadline and proper form. It can be submitted before court or a notary. Missing the deadline results in accepting the estate with the benefit of inventory.
