Renunciation of inheritance

Renunciation is the heir's declaration refusing the inheritance. Since the estate passes automatically upon death together with its debts, renunciation releases the heir from the deceased's liabilities where the estate is insolvent.

The declaration is made to the civil court of peace within the statutory period, which as a rule runs from the heir's learning of the death, and must be unconditional. An heir who meddles in estate affairs, conceals estate assets or appropriates them before renouncing forfeits the right. Where the estate's insolvency is manifest, renunciation is presumed without any declaration.

The renouncing heir's share passes as though they had predeceased, so in indebted estates the chain of renunciations moves down through the descendants, each link requiring a timely declaration. A renunciation made to defeat the heir's own creditors may be challenged by those creditors through an avoidance action.