Renunciation of Inheritance: The 4-Month Deadline That Can Change Everything

Imagine: you receive a letter from the notary informing you of the death of a distant relative, and you learn that you are the sole heir. In Espalion, as elsewhere, many think that you can always refuse an inheritance. But the legal reality is harsher: you have only four months to say no, otherwise the law considers you to have accepted – and therefore liable for the debts. The Toulouse Court of Appeal recently reminded this in a judgment of 13 March 2025 (RG-32256). So, what should you do if you inherit unwillingly?

The facts: a story like many everyday cases

Mr Jean D., a property owner in Espalion, learns of the death of his uncle Paul, who lived alone in Millau. He does nothing, believing that he can renounce at any time. A few months later, the notary informs him that the inheritance is heavily in debt (€120,000 in tax debts). Jean then wants to renounce, but the 4-month deadline has passed by three weeks. The bank demands payment. Jean applies to the court to contest, arguing that he never intended to accept. The Toulouse Court of Appeal confirms that the failure to renounce within 4 months amounts to tacit acceptance, even if the heir did not know the extent of the debts. The judges reject his claim, ordering him to pay.

The reasoning of the court – explained

The judges rely on Article 768 of the Civil Code, which provides that the heir has 4 months from the opening of the succession (the date of death) to renounce by declaration at the registry of the High Court. After this period, he is deemed to have accepted unconditionally. But be careful: there is an exception if the heir proves that he could not have known about the debts despite making efforts. In this case, Jean had only consulted the notary once, without asking for the state of the liabilities. The court considers this carelessness insufficient to excuse the delay. It confirms that the deadline is mandatory and that ignorance of the debts does not suspend it. Thus, the law protects the security of transactions: creditors must know quickly whom to claim from.

What this means for you – practically

If you inherit, you must act quickly. Example in Millau: Mrs Durand, a life tenant of a property, learns of her son's death. She thinks she has time to consult a lawyer, but 4 months later, she is deemed to have accepted the inheritance, even though the deceased had debts of €50,000. She could have renounced and kept her own assets. For heirs, the deadline runs from the death, even if you are not officially informed. If you learn of the death late, you can request an extension for force majeure, but this is rarely granted. In practice, as soon as you learn of the death, make a declaration of renunciation at the court registry – it takes an hour and costs about €30.

Five tips to avoid this type of dispute

• Act within 4 months: as soon as the death occurs, make an appointment with a notary or lawyer to assess the assets and liabilities. Do not let the deadline pass.
• Do not rely on appearances: an inheritance may seem modest but hide debts. Request a detailed inventory.
• Make an official declaration of renunciation: it is done at the registry of the court of the deceased's last domicile. You can withdraw it later if you change your mind, as long as you remain within the 4 months.
• Do not accept tacitly: do not pay any debts of the deceased, do not sell any asset of the inheritance before renouncing. Such acts can be interpreted as acceptance.
• If you are in doubt, consult a specialist lawyer: the cost of a consultation is trivial compared to the risk of being held liable for debts.

Further details: related case law and developments

This decision is in line with a consistent line of authority: the Court of Cassation, in a judgment of 12 March 2019 (no. 18-14.215), had already held that the 4-month deadline runs even if the heir does not know the amount of the debts. However, a more recent decision of the Versailles Court of Appeal (2023) allowed a late renunciation in case of active concealment of debts by the deceased. Here, the Toulouse court reminds that mere ignorance is not enough. The trend is towards strengthening legal certainty: heirs must be vigilant, and courts only protect them if they have been deceived. In the future, a bill might extend this deadline to 6 months, but nothing is certain.

What you absolutely must remember

FAQ:

• Can I renounce after 4 months? Only if you prove that you could not act due to force majeure (serious illness, lack of information). Otherwise, you are deemed to have accepted.
• How do I renounce? By declaration at the registry of the High Court of the place where the succession opened (the deceased's last domicile). You can do it alone or through a lawyer.
• What happens if I accept unknowingly? You become personally liable for the debts out of your own assets. To avoid this, you can renounce within the 4-month deadline.
• Can I accept partially? No, acceptance is either unconditional or renunciation. There is also acceptance to the extent of the net assets (formerly known as benefit of inventory), but the deadlines are different.
• Are tax debts included? Yes, you inherit all debts, including taxes. Renunciation frees you from them.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings – and often much more. Book an appointment →