Renunciation of Inheritance: The 4-Month Time Limit That Traps Heirs (TGI Nanterre)

Imagine that you inherit a family house in Brest, but that it is burdened with debts. You hesitate to accept the succession, for fear of having to repay the creditors. The law offers you a way out: renunciation. But beware, this decision cannot be taken indefinitely. Indeed, according to a recent decision of the TGI de Nanterre, an heir who does not react within four months following the opening of the succession is deprived of the possibility of renouncing. What exactly happened? And above all, how to avoid this trap? This article deciphers the essential rules for you, whether you are in Brest, Lesneven or elsewhere.

The question on every heir's lips: "Can I still refuse this inheritance if I discover it is more costly than beneficial?". The short answer is yes, but within a very specific time limit. However, many people, overwhelmed by grief or formalities, let this period pass without acting. The judgment commented here reminds us implacably that silence is not an option. You must choose, and quickly.

In the following lines, we will analyse the facts of the case, the judges' reasoning, then the practical consequences for you. Finally, I will give you four concrete tips to never find yourself in this delicate situation.

The facts: a story like many others

Mr X, a retiree living in Brest, learns of the death of his uncle, the owner of a small rental property in the city centre. The inheritance seems modest, but Mr X knows that his uncle had taken out several loans for renovations. Worried about potential debts, he consults a notary, who explains the option of renouncing the succession. The notary orally informs him of the four-month period to take an inventory (i.e., a detailed list of assets and debts) and the need to decide afterwards. However, Mr X, upset by the bereavement and in no hurry, puts this task off. He does not realise that simply waiting without acting can have irreversible consequences.

Four and a half months after the death, a creditor of the uncle, a credit company, sues Mr X for payment of a sum of €30,000. Mr X, stunned, replies that he never accepted the succession and intends to renounce it. The company retorts that in the absence of an inventory within four months, Mr X is deemed to have accepted the succession purely and simply, in accordance with Article 771 of the Civil Code. Mr X contests: he never signed any document, did not take possession of the assets. The case is brought before the TGI de Nanterre, the competent court since the deceased resided in Hauts-de-Seine. The debate focuses on whether Mr X has lost his right to renounce.

The hearing reveals that Mr X not only failed to make the inventory; he also received several letters from the notary reminding him of the time limit, which he did not open. The court also notes that he did not contest the debts nor undertake any steps to accept or renounce. The trap closed.

The reasoning of the court — analysed

The TGI de Nanterre rejected Mr X's claim and declared him an unconditional heir. To understand this reasoning, let us delve into the texts. Article 771 of the Civil Code provides that "the successor has a period of four months from the opening of the succession to make an inventory. If he has not made an inventory within this period, he is deemed to be a successor with unlimited liability". In concrete terms, if you do not establish a precise list of the deceased's assets and debts within four months of the death, the law automatically considers that you accept the succession, with all its assets and liabilities. You can no longer renounce, even if you later discover that the debts are astronomical.

The judges recalled that this time limit is a matter of public policy: it cannot be extended, except in cases of force majeure. In this case, Mr X could not plead ignorance because the notary had warned him, and he had received reminders. The court also stressed that the mere intention to renounce, not followed by acts, is not enough to preserve the right to renounce. The law requires a positive act: either the making of the inventory within four months, then renunciation within the following 40 days; or acceptance pure and simple or acceptance to the extent of the net assets (the option that limits liability to the inherited assets). In the absence of any action, silence amounts to acceptance.

This decision is in line with constant case law. You will find other judgments to the same effect, for example from the Rennes Court of Appeal in 2021. Here, the TGI de Nanterre merely applied the letter of the code. However, this judgment is interesting because it forcefully reminds that negligence has a price. For non-lawyers, remember that the key word is "inventory": it is the saving act that gives you a reprieve to decide with full knowledge of the facts.

What this changes for you — concretely

This case law has immediate repercussions for all heirs, regardless of the size of the succession. Here is what it implies, depending on your profile.

For the heir of a modest or substantial succession: You can no longer just wait. As soon as you learn of the death, contact a notary to draw up an inventory within four months. Do not neglect this time limit, even if you think the succession is positive. A concrete example: in Lesneven, an heir discovered after eight months that the inherited house was contaminated with lead and that the clean-up works cost €50,000. Too late to renounce: he had to sell the house at a loss or undertake the works. If you are in this situation, you must act quickly.

For the creditor of the deceased: If you are awaiting repayment, monitor the behaviour of the heirs. If they have not made an inventory within four months, they are presumed to have accepted unconditionally. You can then pursue them for payment without fear that they will renounce. This decision therefore strengthens your position.

For the surviving spouse or protected heir: Know that the four-month period is the same for everyone, including the spouse who is entitled to a usufruct (life interest). Do not be misled into thinking that you benefit from a longer period. In Brest, a widow lost the possibility of renouncing a heavily indebted inheritance because she waited six months to consult a lawyer. The advice: as soon as you receive the death certificate, schedule a date with your notary.

Four tips to avoid this type of dispute

• Make an inventory within two months of the death – Do not let the four-month period pass; start as soon as possible. The inventory can be drawn up by a notary or an auctioneer. Ask for a quote quickly.
• Note the date of the opening of the succession – It corresponds to the date of death. From that day, count four months on your calendar. Set an alert on your phone three months later, to be safe.
• Do not rely solely on oral information – The notary explained the time limit to you? Perfect, but ask for written confirmation with the precise dates. In Lesneven, an heir who received a simple phone call forgot the deadlines. An email or letter serves as proof.
• If in doubt, consult a specialised lawyer – A family law lawyer can help you assess the situation and make the best decision. A 30-minute consultation can save you years of litigation.

Further reading: related case law and developments

This decision is part of a line of rulings that close the door to late renunciations. The Court of Cassation has repeatedly recalled that the four-month period to make an inventory is mandatory (Cass. civ. 1ère, 12 September 2019, no. 18-20.315). In that case, an heir had waited five months to draw up a summary inventory; the Court ruled that he was not entitled to renounce. Here, the TGI de Nanterre follows the same line.

However, a recent trend slightly relaxes the strictness: when the heir proves that he was not aware of the death within four months (e.g., no notification), the starting point of the period is postponed. But in most cases, heirs are informed quickly. The future may see a bill to extend this period to six months, but nothing is certain. In the meantime, the four-month rule remains of paramount importance.

Key points to remember

FAQ: questions you may have

• Can I renounce after four months if I have not made an inventory? No, you are deemed to have accepted unconditionally. You can no longer renounce.
• What happens if I make the inventory within four months? You then benefit from an additional period of 40 days to accept or renounce. The inventory allows you to know the assets and liabilities.
• Is the inventory mandatory to renounce? No, but without it, you risk losing the right to renounce if you wait. Better to do it.
• Does the period run from the death or from notification? From the death, unless you prove that you could not have known of the death (e.g., distant relative not informed).
• How much does a notarial inventory cost? Approximately €300 to €800 depending on complexity. This cost is often recouped if the succession is positive, but it may need to be advanced by the heir.

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