Inheritance is not only a transmission of assets but also of debts, thus requiring careful consideration before acceptance. This decision rests solely with the designated individual, who, once the inheritance is accepted, permanently assumes the status of heir, as expressed by the principle “once an heir, always an heir”. Acceptance can be “simple” or “with the benefit of inventory”. The former implies a merger of the estates of the deceased and the heir, with the heir’s estate serving as a guarantee for the creditors of the deceased. The latter option keeps the estates separate, with the inherited estate serving as a guarantee.

The right to accept an inheritance expires after ten years, but this period is not final, allowing the designated individual to become an heir even after this period, unless prescription objections are raised. Acceptance with the benefit of inventory requires a formal declaration in front of a notary or the clerk of the court, accompanied by an inventory of assets. Conversely, simple acceptance can be declared explicitly or deduced tacitly from certain behaviors, such as the sale or donation of inherited assets.

Tacit acceptance can also be inferred from actions that indicate active management of assets, inexplicable otherwise except by the will to accept the inheritance, for example, the destruction of the deceased’s property. However, essential conservative actions are not considered tacit acceptances. An inheritance can be formally rejected through a notarial deed, and such renunciation is final and retroactive, freeing the renunciant from any inherited debts.

Legal entities and individuals not fully capable must accept the inheritance with the benefit of inventory and are bound to this mode for a year after reaching full capacity or the end of a legal incapacity, unless they fulfill the required procedures. Failure to draft the inventory within the prescribed terms results in the loss of the right to accept for private entities.

Moreover, once the inheritance is accepted, it is no longer possible for the designate to renounce; the acceptance is irrevocable. Renunciation, on the other hand, is considered as if the renunciant had never been designated, with effects dating back to the opening of the succession. The renunciant’s creditors can contest the renunciation if they suffer harm from such action and may be authorized by the judge to claim the inherited assets in the name of the renunciant.

In summary, the complexity of accepting and renouncing an inheritance reflects the importance of carefully considering the legal and financial implications of such decisions.