Rejection of inheritance is the application of the legal or appointed heir to the court to refuse to accept the assets and liabilities of the deceased. It is regulated in TMK articles 605-610.
Types of Rejection
1. Real Rejection (TMK article 605)
The heir may reject the inheritance by making a written or verbal statement to the civil court of peace within 3 months from the date he learns that the inheritance has been opened. Duration is disqualifying.
2. Decisive Rejection (TMK article 605/2)
If the testator's inability to pay is clearly evident or officially determined on the date of death, the inheritance is deemed to have been rejected. There is no duration requirement; It must be put forward.
In what cases can it be rejected?
- If the decedent's debts exceed his assets
- To get rid of the obligations that come with inheritance
- Withdrawal of an heir pursuant to family agreement
Form of rejection
The heir submits an unconditional and unconditional rejection statement to the civil court of peace. Conditional rejection is invalid. If rejected, it is recorded in the petition or minutes.
Consequences of Rejection
- The heir is deemed to have withdrawn from all relations with the testator
- Share passes to other heirs
- If all heirs refuse, the inheritance will be liquidated in accordance with the bankruptcy liquidation provisions (TMK article 612)
- Declaration of rejection may be unfair to the heir's creditors; Creditors may file an annulment lawsuit (TMK article 617)
Circumstances of Overruling Refusal (TMK article 610)
- Taking possession of the deceased's belongings (possession)
- Take no action other than using extraordinary care
- Hiding or appropriating estate assets → right of refusal is lost
Supreme Court 14th HD Jurisprudence
The 14th Chamber of the Supreme Court of Appeals emphasizes that in order to determine the rejection by default, the state of insolvency must be proven with concrete documents, and it is sufficient that the debts in the decedent's account exceed his receivables.
Jurisdictional and Competent Court
- Officer: Civil Court of Peace
- Authority:The court of the last place of residence of the testator
The period of denial of inheritance is derogatory; Make an evaluation with lawyer without delay.