Renunciation of Inheritance: The 4-Month Deadline and Its Consequences

Imagine: you have just inherited a house in Montreuil. Your father, who lived there, died a few weeks ago. The house is worth €300,000, but you discover that he had accumulated €200,000 in debts. What to do? Accept the inheritance and pay the debts, or renounce it and lose the house?

This question is asked by thousands of families every year. Inheritance law offers a way out: renunciation. But be careful, the deadline to renounce is strict. If you exceed this deadline, you risk being considered to have accepted the inheritance, debts included. Don't panic: a recent decision by the Lille Judicial Court has just reminded the rules.

In this case, an heir had renounced too late. The court had to decide: does the 4-month deadline apply or not? The answer is clear, but the consequences can be severe. Analysis.

The facts: a story that happens every day

Mr. X, a property owner in Lille, died on 1 March 2024. His nephew, Mr. Y, the sole heir, quickly discovers that the assets of the estate are less than the liabilities: the house is mortgaged, there are unpaid loans. Mr. Y hesitates, seeks advice from a notary, but ultimately does not decide. On 15 July 2024, that is 4 months and 14 days after the death, he sends a registered letter to the court registry to renounce.

Problem: a creditor, the bank, contests the renunciation. According to it, Mr. Y has exceeded the legal deadline of 4 months. The bank sues Mr. Y, requesting that he be declared to have accepted the estate purely and simply, and thus be obliged to repay the debts. Mr. Y defends himself: he did not have time to make an inventory, the situation was complex.

The Lille Judicial Court is seized. The parties clash on the question of the deadline. The bank invokes Article 768 of the Civil Code, which provides that the heir has 4 months from the opening of the succession to renounce. Mr. Y argues that he acted within a reasonable time and that he never tacitly accepted the succession.

The judgment of 19 February 2025 rules in favour of the bank. The court considers that Mr. Y did not renounce within 4 months and also did not make an inventory within 2 months. He is therefore deemed to have accepted the succession purely and simply. Consequence: he must pay the debts from his personal assets.

The reasoning of the court — dissected

To understand, we must return to Article 768 of the Civil Code (the text that sets out the rules for renunciation). This text provides that the heir has the choice: accept purely and simply, accept to the extent of the net assets, or renounce. But this choice must be made within a certain time. In principle, the heir has 4 months to renounce from the day he becomes aware of the opening of the succession (generally the death).

The law also allows for an inventory of assets and liabilities. If the heir makes this inventory within 2 months following the death, he then has 40 days after the inventory is completed to decide. But be careful: if the heir does nothing within 4 months, and he has not made an inventory, he is considered to have accepted purely and simply. In other words, he becomes responsible for all debts, even beyond what he inherited.

In the Lille case, the court verified that Mr. Y had not made an inventory. He therefore had only 4 months to renounce. Yet his renunciation occurred 4 months and 14 days after the death. Too late. The judges applied the rule strictly.

A question arises: if the heir has not renounced but has also not touched the assets, can he still renounce after 4 months? In theory, yes, if he proves that he did not tacitly accept. But here, Mr. Y had kept the keys to the house, which could be seen as an act of tacit acceptance. The court did not need to go that far because the deadline was already exceeded.

This decision confirms well-established case law: the 4-month deadline is pre-emptive, meaning it cannot be extended except in exceptional cases (force majeure). The judges are very strict, because legal certainty requires it: creditors must know quickly whom to contact.

What this changes for you — concretely

If you are an heir, this decision directly concerns you. Here is what it implies in everyday life.

For the heir of real estate

Take an example from Asnières-sur-Seine. You inherit a flat worth €200,000, but the deceased had taken out a loan of €180,000 and left unpaid debts of €30,000. That is total liabilities of €210,000. Accepting purely and simply would oblige you to pay €10,000 out of your own pocket (beyond the assets). To avoid this, you must renounce within 4 months of the death. If you exceed this deadline without having made an inventory, you are deemed to have accepted and must bear the excess liabilities.

For the heir of a bank account or securities

If the deceased had credit balances, renouncing makes you lose the inheritance. But if you fear hidden debts, it is better to renounce or accept to the extent of the net assets (ACAN). ACAN allows you to limit your liability to the amount of the assets. But be careful: for that, you must make a precise inventory within 2 months, then declare your choice within the following 40 days.

For the surviving spouse

The surviving spouse has special rights, but the same deadlines apply. If he renounces, he may lose his share, but he retains any maintenance pension.

In summary: if you are in this situation, you must act quickly. Do not delay in consulting a notary or a lawyer to assess the assets and liabilities. An hour spent in their office can save you years of debt.

Four tips to avoid this type of dispute

• Make an inventory as soon as death occurs: within 2 months, draw up a list of all assets and debts. You can do it yourself or through a notary. This gives you an additional 40 days to choose.
• Do not use the deceased's property: do not live in the house, do not sell the car, do not withdraw money from his account. Any act of management may be interpreted as tacit acceptance.
• Consult a professional quickly: a lawyer specialising in inheritance law (like me, Maître Bruno Perucca) can help you analyse the situation and make the right decision on time.
• Declare your renunciation in writing: send a registered letter with acknowledgement of receipt to the registry of the Judicial Court of the place where the succession was opened, or make a declaration at the registry. Keep a copy.

Further reading: related case law and developments

The Court of Cassation has already had occasion to rule on the renunciation deadline. In a judgment of 12 January 2022 (No. 20-18.987), it held that an heir who has not renounced within 4 months and has not made an inventory is deemed to have accepted purely and simply, even if he proves that he was not aware of the debts. This position is very firm.

However, in an older decision (Civ. 1ère, 3 November 2016), the Court had allowed a late renunciation if the heir demonstrated an error as to the existence of debts. But since then, the tendency is towards strict compliance with the deadline. The Lille court aligns with this line.

For the future, it is possible that the legislator may relax the rule, but nothing is announced. In the meantime, caution is the mother of safety.

Frequently asked questions

Can I renounce after 4 months if I have not touched the assets? In theory yes, but you risk having to prove that you did not tacitly accept. The best is not to exceed the deadline.

What happens if I renounce before 4 months, but the estate ultimately turns out to be beneficial? Your renunciation is final. You lose your rights. That is why it is essential to assess the assets and liabilities before renouncing.

Do I have to pay fees to renounce? No, judicial renunciation is free (except for registered mail costs). However, a lawyer may charge his fees.

Can I renounce for only part of the succession? No, renunciation is global. You cannot accept assets and refuse debts. You must accept everything or refuse everything.

What is the deadline for making an inventory? You have 2 months from the death to start the inventory. It must be completed within the following 2 months. Then you have 40 days after the end of the inventory to elect.

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 →