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An heir appointed by law or by a will has the right to accept or renounce his inheritance. This is called the renunciation of succession. In these circumstances, can one refuse a real estate inheritance? The answer elements to discover in this article.

Deny a real estate inheritance: give up the succession

  • One person renouncing the succession is considered never to have been heiress. In the case of real estate inheritance, no immovable property included in the succession can be transmitted to it.

To notethe ascendants and descendants renouncing the deceased parent's succession must, however, to participate in the expenses of his funeral.

  • In order to give up his real estate inheritance, the heir makes a declaration of renunciation at the registry of the Tribunal de Grande Instance on which the deceased's domicile depends.
  • The renouncer may, however, reconsider as long as no other heir accepts the estate (within a 10-year limit).

In which case refuse a real estate inheritance?

Generally, the heirs who give up the inheritance wish above all to escape the payment of the debts of the deceased. Refusing a real estate inheritance avoids having to settle the real estate loans in progress.

In addition, the renunciation of an estate makes it possible to benefit tax benefits. Descendants who do not have a real need for this inheritance can favor their children by renouncing it. Thus, the estate of the deceased is directly collected by his grandchildren, thereby reducing the costs of transmission.

To note: In all cases, the heirs are not required to justify their renunciation of the estate.

Refusing a real estate inheritance: the deadlines for renouncing

The heir hasa period of 4 months from the opening of the estate to choose to accept or renounce his real estate inheritance.

After this period, the creditor, the other heirs or the State may require it to decide.

  • If one of these parties intervenes, the heir still has 2 months before making his decision.
  • It is also possible for him to seize justice to ask for an additional period of reflection.

When no one wishes to compel the heir to make his choice, the maximum time for reflection is 10 years. Beyond this, the renunciation is automatic.


Video Instruction: What If Heir Refuses To Accept Inheritance Of Money or Item?