Who has the right to succeed? The acceptance of the inheritance and separation of assets.

The sequence opens at the time of death of the deceased and the place of his last domicile.

The ability to succeed is up to those who at the time of the opening of the succession were born or conceived, may, however, will receive for the children of a living person at the time of death of the testator, although not yet conceived.

While the purchase is automatically linked, except for the right to waive, for the purchase of the title of heir is required to accept the person concerned.


May be heirs to all natural persons, legal persons (but to accept must be recognized bodies) and their unborn child conceived at the time.

The ability to succeed is up to those who at the time of the opening of the succession were born or conceived.

The opening of the succession.

The acceptance of the inheritance is said:

• Stated that it is made ​​in a public or a private document that must be communicated to the notary or the clerk of the district where the succession is open, but can also be
• Silences, when called inheritance necessarily presupposes an act which is its willingness to accept that would not have the right to do if not in quality of heir,
• Alleged when not expressly waived or when there is concealment of property inheritance.

The acceptance of the inheritance may be:

1. With the benefit of inventory (Art. 484 CC): The advantage is that the heir is not obliged to pay the debts inherited and linked over the value of an estate.
It has the function to determine the actual amount of the assets of the deceased to keep them separate from those of the heir.

The right to the separation of assets, is a legal institution aimed to prevent confusion between the goods of the deceased and the heir to ensure that creditors and legatees hereditary can meet on an estate in preference of personal creditors of the heir .

When the separation relates to movable property, it shall be exercised by an appeal before the Court at the place where the succession is open.
As regards the separation property, you must sign up at the Real Estate Registry.

2. Without benefit of inventory or acceptance pure and simple: it involves the confusion of the assets of the heir of the deceased and the first also to exposing the claims of creditors of the deceased who will be obliged to answer, and if necessary beyond the value of assets acquired with the legacy.

Related posts:

1. Inheritance: Must we accept or reject the estate?
2. The renunciation of the inheritance
3. How is the transmission of inheritance in insurance?
4. opening sequence
5. Eligible party
6. The estate “intestate” or without a will
7. Inheritance, joint ownership and distribution of the estate
8. succession due to death
9. The legitimate succession
10. Rights reserved to heirs