Waiver of the estate: who takes care of the debts and property of the deceased?

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

If you are renouncing the estate of a relative, the persons who must take care of the property and debts of the deceased differ depending on whether the estate has been accepted by another heir. Here are the rules to know.

Acceptance by at least 1 heir

If you relinquish the estate, you are considered never to have been heir.

So you cannot receive the deceased's money and property. You don't have to pay his debts either.

However, you must participate to payment of funeral expenses of the deceased. The deceased's bank account is blocked, but you can get the money advanced to pay the funeral within the limit of €5,910.

If you have received a donation, you can keep it provided it does not exceed available quota. However, the deceased may expressly provide that if you renounce the estate, the gift must be taken into account in the civil report. This means that you will have to compensate the other heirs if the reported value of the donation exceeds the rights you should have had in the division.

You must let the heir or heirs who accepted the estate manage the property and debts of the deceased.

Waiver by all heirs

If you relinquish the estate, you are considered never to have been heir.

So you cannot receive the deceased's money and property. You don't have to pay his debts either.

However, you must participate in the payment of funeral expenses of the deceased. The deceased's bank account is blocked, but you can get the money advanced to pay the funeral within the limit of €5,910.

If you received a donation, you can keep it as long as it does not exceed available quota. However, the deceased may expressly provide that if you renounce the estate, the gift must be taken into account in the civil report. This means that you will have to compensate the other heirs if the reported value of the donation exceeds the rights you should have had in the division.

Designation of Domain

If you and all other heirs renounce the estate, the Domain is designated as curator. Only he can then manage the property and debts of the deceased.

For this, a notary, the public prosecutor's office, persons managing the assets of the deceased or creditors in the event of a loss of succession, they must make an application. This request must be addressed to the court of the deceased's domicile.

Who shall I contact

Sale of the estate

The Domain First, inventory the property of the deceased to estimate the amount of the estate. He then sells the deceased's property to pay the expenses and debts of the estate.