The estate is inherited by the heirs by law. The inheritance does not have to be accepted separately.
Can the inheritance be disclaimed?
If an inheritance is disclaimed, the declaration has retroactive effect to the date of inheritance. The person making the declaration is then treated as if they had never been an heir. A declaration to this effect must be submitted to the competent justice of the peace. The waiver must be clear and must be declared within three months of the date on which the inheritance was recognised, Article 610 Paragraph 1 and 606 ZGB. If the deadline is missed, the right of renunciation is forfeited and the inheritance is deemed to have been accepted unconditionally.
Can liability be limited?
The question of whether they can limit their liability is particularly relevant for many heirs. In principle, they are liable for the liabilities of the estate with their personal assets.
Firstly, there is the option of official liquidation, However, all co-heirs must agree to this, Article 632 Paragraph 2 ZGB. In liquidation proceedings, the estate is realised and the creditors are satisfied. The heirs then no longer have to take care of the estate.
Furthermore, the Justice of the Peace Inventory authorise. Only one heir needs to apply for this. This limits the liability of the heirs to the liabilities included in the inventory, Article 628 CC.
Where can I apply for a certificate of inheritance?
On application, the Justice of the Peace Court issues a certificate of inheritance which determines the share of the estate, Article 598 paragraph 1 CC.