HOW TO REJECT THE INHERITANCE?
If it is not clearly obvious or officially determined that the deceased (means Muris or the person who left an inheritance or died) was incapable of paying and in debt on the date of death, the inheritance can be rejected within 3 months. The competent court in the case of denial of inheritance is the Civil Court of Peace at the place where the deceased last resided.
The 3-month period is for legal heirs when they learn of the death of the deceased, unless it is proven that they later learned that they were heirs; For heirs appointed by will, it begins to operate from the date on which the deceased’s disposition is officially notified to them.
However, in cases where the writing of the estate is required as a precaution, taking into account that the writing process will take time; The period of rejection of the inheritance begins when the parties are notified by the civil judge of peace that the writing process for the legal and appointed heirs has ended.
In case of important issues, the Magistrate may extend the rejection period granted to legal and appointed heirs or grant a new period.
The rejection of the inheritance is made by the heirs to the Civil Court of Peace through a verbal or written statement, and the rejection must be unconditional and unconditional.
The civil judge of peace records the verbal or written rejection statement in a report. The declaration of rejection made within the prescribed period is recorded in the special registry of the magistrate court of the place where the inheritance is opened, and if the rejecting heir wishes, a document showing the rejection is given to him. The heir who does not reject the inheritance within the legal period wins the inheritance unconditionally. In practice, it is necessary to apply for the rejection of the inheritance by submitting a petition to the court.