How to Make a Denial of Inheritance
HOW TO MAKE A DENIAL OF INHERITANCE?
If it is not clear that Muris (Muris or means the person who left the inheritance or died) is unable to pay on the date of his death and is in debt, or if it has been officially determined, the inheritance may be rejected within 3 months. The competent court in charge of the case of refusal of the inheritance is the Magistrate’s Court at the last place of residence of the deceased.
the 3-month period begins to operate from the date when they find out about the death of the heir, unless it is proved later that they are the heirs for the legal heirs; and for the heirs appointed by the will, the savings of the heir are officially notified to them.
But in cases that require the spelling of the term as a precaution, taking into account that the writing process will take time; The period of refusal of the inheritance begins with the notification to the parties by the magistrate that the writing process has ended for legal and assigned heirs.
In the presence of important issues, the Magistrate may extend the period of refusal recognized to the legal and appointed heirs or grant a new period.
The refusal of the inheritance is made by the heirs by oral or written declaration to the Magistrate’s Court, the refusal must be unregistered and unconditional.
The magistrate determines the oral or written statement of refusal with a record. The statement of refusal made within its term is written to the special register of the place of opening of the inheritance by the magistrate’s court, and if the refusing heir asks for it, he is given a document indicating the refusal. The heir who does not refuse the inheritance within the legal period acquires the inheritance unconditionally. In practice, it is necessary to apply for the rejection of the inheritance by submitting a petition to the court.
You can read our articles and petition examples by clicking here.