Приемане на наследство по опис - защита от наследени дългове

What is the procedure, what deadlines must be met, and what restrictions are associated with protecting the heir?

Inheritance does not always mean just real estate, savings, or other valuable assets. Along with the deceased’s rights, their obligations may also pass to the heirs-bank loans, unpaid taxes, debts to counterparties, or other creditors.

The problem is that at the moment they must decide whether to accept the inheritance, the heir does not always have complete information about its content. It is possible that the value of the debts exceeds the value of the inherited property.

It is precisely for such situations that the Law on Inheritance provides the option for an inheritance to be accepted by inventory. This is a protective mechanism through which the heir can limit their liability for the deceased's obligations up to the value of the received inheritance.

What Does the Inheritance Actually Include?

The inheritance opens at the time of the deceased's death. It encompasses the property rights and obligations that can pass to their heirs. The inheritance is acquired upon its acceptance, with the acceptance taking effect from the moment the inheritance opens.

Generally, two types of property can be distinguished within it:

Assets – real estate, movable property, bank accounts, receivables, company shares, and other rights;
Liabilities – loans, unpaid obligations, taxes, secured debts, and other liabilities of the deceased.

When there is doubt that liabilities may exceed assets, a simple acceptance of the inheritance can create a serious risk. Acceptance by inventory allows this risk to be limited.

What Does "Acceptance of Inheritance by Inventory" Mean?

Acceptance by inventory is a special way of accepting an inheritance. Through it, the property included in the estate is established and documented, and the heir’s liability for the deceased’s obligations is limited to the value of the received inheritance.

In practice, this means that if the inherited liabilities are greater than the inherited assets, the deceased's creditors cannot claim the difference from the heir's personal property, which they owned independently of the inheritance.

The inventory outlines what property was known and included in the estate. Therefore, the accuracy and completeness of the provided information are crucial for preserving this protection.

When Is Acceptance by Inventory Mandatory or Necessary?

For most adult heirs with full legal capacity, acceptance by inventory is an option they can use when they want to limit the risk of unknown debts.

However, the law specifies persons who can accept an inheritance solely by inventory:

Incapacitated persons – minors, juveniles, and persons placed under guardianship. The goal is to protect their personal property from the deceased's debts;
The State and public organizations.

Acceptance by inventory may also be necessary for an heir entitled to a reserved share when they seek its restoration against a legatee or donee who is not called to inherit. In these cases, it is a substantive legal prerequisite for exercising the right, taking into account the specific type of testamentary or gift disposition.

How Does the Procedure Work?

The procedure is formal and takes place before the regional court at the place where the inheritance was opened—usually the deceased's last place of residence.

The heir submits a written application for acceptance of the inheritance by inventory. For individuals for whom acceptance by inventory is a matter of choice, the application must be submitted within three months from the moment the heir learned that the inheritance had opened. The regional judge may extend this period by up to an additional three months.

For incapacitated persons, who by law accept the inheritance only by inventory, the deadline does not apply in the same way while the incapacity lasts. This is related to the protective nature of the regime regarding them.

Following the application, an inventory is drawn up in accordance with the Civil Procedure Code. The court may assign its execution to the municipality or a bailiff. A report is drawn up describing and appraising the property, and if necessary, an expert may be appointed.

What Must the Heir Disclose?

The heir is required to disclose all known inherited property. This may include:

Real estate;
Vehicles and other movable assets;
Bank accounts and available cash funds;
Claims against third parties;
Company shares, securities, and other property rights.

The disclosed property should be supported by available documents and evidence. Intentional concealment or omission of a known inherited asset may lead to the loss of the benefits provided by acceptance by inventory.

The Main Advantage: Limited Liability

The most significant protection is that the heir is liable for the deceased's debts and legacies only up to the value of the received inheritance.

For example, if the estate includes property worth €40,000, but the deceased's debts total €70,000, the heir's liability is generally limited to the value of the inherited property. The remaining portion of the debt cannot be collected from their personal property solely on the grounds that they are an heir.

This makes acceptance by inventory particularly useful when there is no clear information about the deceased's debts or when there is data regarding loans, legal disputes, guarantees, suretyships, or other financial commitments.

Protection Is Subject to Restrictions

Acceptance by inventory does not grant the heir full freedom to dispose of the estate's property. To retain their limited liability, they must comply with certain rules:

Real estate cannot be alienated within five years of acceptance by inventory without authorization from the regional judge;
Movable property cannot be alienated within three years without such authorization;
The inherited property must be managed with the care of the heir exercises in their own affairs;
The heir is obliged to render an account to creditors and legatees regarding the management of the inherited property.

If the heir violates the disposition restrictions without the required court permission, they may lose protection and become unlimitedly liable for the deceased's obligations, including with their personal property.

What Is Important to Consider in Advance?

Acceptance by inventory can be a prudent decision when uncertainty exists regarding the composition of the estate. However, it is tied to short deadlines, a formal court procedure, and subsequent restrictions on managing and disposing of the inherited property.

Before submitting an application, it is important to verify known assets and debts, available documents, property ownership, the deceased's banking relationships, and potential claims from creditors.

A precipitate action can have lasting consequences. Acceptance and renunciation of an inheritance cannot be made partially or conditionally, therefore the specific situation should be analyzed comprehensively.

Conclusion

Acceptance of an inheritance by inventory is an important protective mechanism for heirs when there is a risk that the estate includes significant or unknown liabilities. It allows liability to be limited to the value of the inherited property, but only if the procedure and subsequent legal requirements are met.

Before deciding, it is advisable to seek professional advice tailored to the specific inheritance, the timeframe for action, and the available information on assets and liabilities.

If you have questions or need assistance with acceptance of inheritance by inventory, the team at KGK Law Firm is at your disposal.