The debts of a deceased person are not automatically transferred to the entire family’s assets. It matters whether the heir accepted the inheritance, what assets are part of estate inheritance, what share he or she receives and what rules apply to the specific debt. The Civil Code stipulates, as a rule, that universal and universal-title heirs are liable for the inherited assets within the limits of the inherited patrimony and in proportion to each person’s share.

What happens when the inheritance is accepted

The acceptance of the inheritance strengthens the transmission of the inheritance to the heir. According to Art. 1.114 and Art. 1.155 of the Civil Code, the debts of the succession are borne from the successor’s assets, within the limits and proportion provided by law. This does not mean that any property of the relatives can be claimed for the deceased’s debt. The situation may be different if the heir personally guaranteed the debt, is a co-debtor, or there is another distinct ground of liability.

The regime of the personal legatee is not identical to that of the universal heir or the universal title and must be analyzed according to the will and applicable legal provisions. The mortgaged or pledged assets must be examined separately: acceptance does not automatically remove the guarantee established over the asset.

The deadline for the succession option

The general term for exercising the right of succession is one year from the opening of the inheritance, with the exceptions and special rules provided for by the Civil Code. After the expiration of the term, the heir is not automatically declared as renouncing in any circumstances: the presumption of renunciation in Art. 1.112 operates under the conditions provided by law, including in connection with the citation of the heir and the proof of the exercise of the option. The acts that may constitute tacit acceptance depend on their nature and the expressed intention; not every measure of preservation equates to acceptance.

The relinquishment must be made in the form required by law and produces the successor effects provided for by the Civil Code. Before disposing of property, signing documents or making a decision regarding succession, it is recommended to verify the documents with a notary or a lawyer. The inventory can help identify the assets and debts, but it does not constitute, by itself, a form of conditional acceptance and does not replace the analysis of the succession option.

Compulsory execution after the debtor's death

The Code of Civil Procedure establishes special rules. If the debtor dies before the execution begins, it cannot be initiated directly against the estate; procedural conditions regarding the acceptance of the inheritance or the appointment of a curator are required. If the debtor dies after the execution begins, the execution cannot continue until the inheritance is accepted or, in the absence of accepting heirs, until the curator provided by law is appointed. After acceptance, the creditor may pursue the inherited assets in accordance with the procedure and the limits of the successor’s liability.

It is not exactly that a creditor can „force” any person to accept the inheritance. The Civil Code allows, under certain conditions, the personal creditors of the deceased to exercise the right of option on behalf of the latter, within the limits of their claim. This is a distinct situation from the deceased’s creditors and requires separate legal analysis.

Useful documents and steps

  • collects the civil status documents, the will if there is one, and the documents regarding the succession assets;
  • requests the situation regarding loans, guarantees, fees and other known debts;
  • checks whether execution has been initiated, what documents have been communicated and to whom;
  • records the relevant data for the term of the succession option and discusses the options with the notary or lawyer before signing the documents regarding the property.

Official sources: Civil Code, Articles 1.103–1.115 and 1.155; Code of Civil Procedure, Articles 687–689.

Informational material, not individual legal advice. The Status as an heir, tacit acceptance, guarantees and enforcement documents may change the analysis.