Civil Code

An heir must either accept the succession unconditionally or with qualifications, or renounce it, within three months of the time the heir learns that succession has opened to that heir; provided, however, that this period may be extended by the family court at the request of an interested party or the public prosecutor.

An heir may examine the estate before accepting or renouncing the succession.

If an heir dies without having accepted or renounced the succession, the period referred to in paragraph (1) of the preceding Article is calculated from the time that the heir of the deceased heir learns that the succession has opened to the living heir.

An heir must administer the estate with the same care that the heir would exercise over the heir's own property; provided, however, that this does not apply once the heir accepts or renounces the succession.

The acceptance or renunciation of a succession may not be revoked even within the period referred to in Article 915, paragraph (1).

The provisions of the preceding paragraph do not preclude the acceptance or renunciation of a succession from being rescinded pursuant to the provisions of Part I (General Provisions) and Part IV (Relatives).

The right of rescission referred to in the preceding paragraph is extinguished by prescription if not exercised within six months of the time ratification becomes possible. It is also extinguished by prescription once ten years have passed since the time of acceptance or renunciation of the succession.

A person seeking to rescind a qualified acceptance or renunciation of a succession pursuant to the provisions of paragraph (2) must file a statement with the family court to that effect.

An heir inherits the rights and obligations of the decedent without limitation upon unconditional acceptance of the succession.

An heir is deemed to have accepted the succession unconditionally if:

the heir disposes of the estate in whole or in part; provided, however, that this does not apply to an act of preservation or a lease that does not exceed the period prescribed in Article 602;

the heir does not assert a qualified acceptance or renounce the succession within the period referred to in Article 915, paragraph (1);

the heir, even after asserting a qualified acceptance or renouncing the succession, conceals the whole or part of the estate, personally expends the whole or part thereof, or knowingly fails to enter the whole or part thereof in the inventory of the estate; provided, however, that this does not apply if the original heir does so after the acceptance of the succession by a person who becomes an heir due to the original heir's renunciation of the succession.

An heir may accept a succession with the qualification that the debts and legacies of the decedent are to be paid and delivered only up to the limit of the assets acquired by succession.

If there are multiple heirs, qualified acceptance is only permissible if all of the coheirs assert their qualified acceptance jointly.

If an heir seeks to assert a qualified acceptance, the heir must prepare an inventory of the estate and submit this to the family court with a statement indicating the heir's qualified acceptance within the period referred to in Article 915, paragraph (1).

If an heir asserts a qualified acceptance, any rights or obligations that the heir held towards the decedent are deemed not to have lapsed.

An heir asserting a qualified acceptance must continue to administer the estate with the same care that the heir would exercise over the heir's own property.

Article 645; Article 646; and Article 650, paragraph (1) and paragraph (2) apply mutatis mutandis to a case as referred to in the preceding paragraph.

An heir asserting a qualified acceptance must issue public notice to all creditors of the succession (meaning creditors with claims that are a part of the estate; hereinafter the same applies) and legatees, within five days of asserting the qualified acceptance, indicating that the person is asserting a qualified acceptance and that the creditors and legatees must file their claims within a fixed period. This period, in such a case, may not be of less than two months.

A supplementary note must be placed in the public notice under the preceding paragraph, indicating that creditors of the succession and legatees failing to file within the period fixed therein will be excluded from payment or delivery; provided, however, that an heir asserting a qualified acceptance may not exclude any known creditor of the succession or legatee.

An heir asserting a qualified acceptance must issue an individual notice to file to each known creditor of the succession and legatee.

The public notice referred to in paragraph (1) is issued by publication in the Official Gazette.

An heir asserting a qualified acceptance may refuse payment or delivery to a creditor of the succession or legatee before the expiration of the period referred to in paragraph (1) of the preceding Article.

After the expiration of the period referred to in Article 927, paragraph (1), an heir asserting a qualified acceptance must pay the creditors of the succession that have made the filing referred to in that paragraph within the period fixed therein, and any other known creditor of the succession, out of the assets of the estate, in proportion to the amount of each of those creditor's claims; provided, however, that this may not prejudice the rights of any creditor with a right of priority.

An heir asserting a qualified acceptance must make payment even of a claim which is not yet due, in accordance with the provisions of the preceding Article.

Conditional claims and claims of indefinite duration must be paid based on the valuation of the appraiser appointed by the family court.

An heir asserting a qualified acceptance may not make delivery to a legatee until after all creditors of the succession have been paid in accordance with the provisions of the preceding two Articles.

If it is necessary to sell off the estate in order to make payment or delivery in accordance with the provisions of the preceding three Articles, an heir asserting a qualified acceptance must put the estate up for auction; provided, however, that the heir may prevent such an auction by paying the value of all or part the estate in accordance with the valuation of the appraiser appointed by the family court.

A creditor of the succession or legatee, at the creditor's or legatee's own expense, may participate in the auction or appraisal of the estate. The provisions of Article 260, paragraph (2) apply mutatis mutandis in such a case.

If an heir asserting a qualified acceptance fails to issue the public notice or notice to file referred to in Article 927, or if the heir's payment or delivery to a creditor of the succession or legatee within the period referred to in paragraph (1) of that Article causes the heir to become unable to make payment or delivery to another creditor of the succession or legatee, the heir is liable to compensate for damage arising from this. The same applies with regard to the liability of an heir asserting a qualified acceptance who violates any of the provisions of Article 929 through Article 931.

The provisions of the preceding paragraph do not preclude a claim for indemnification by a second creditor of the succession or legatee against a first creditor of the succession or legatee that has knowingly accepted unfair payment or delivery.

The provisions of Article 724 apply mutatis mutandis to a case as referred to in one of the preceding two paragraphs.

A creditor of a succession or legatee that fails to make the filing referred to in Article 927, paragraph (1) within the period referred to in that paragraph and that was unknown to the heir asserting the qualified acceptance, may only exercise rights over the residuary estate; provided, however, that this does not apply to a person with a specific security interest in the estate.

If there are multiple heirs, the family court must appoint a liquidator to the estate from among the heirs.

A liquidator to an estate as referred to in the preceding paragraph undertakes all necessary acts to administer the estate and pay the debts thereof on behalf of the heirs.

The provisions of Article 926 through Article 935 apply mutatis mutandis to an estate liquidator as referred to in paragraph (1). In this case, the phrase "within five days of asserting the qualified acceptance" in Article 927, paragraph (1) is deemed to be replaced with "within ten days of the appointment of the liquidator of the estate".

If a cause set forth in Article 921, item (i) or item (iii) has occurred in respect of one or multiple coheirs who have asserted a qualified acceptance, a creditor of the succession may exercise rights over any amount of the claim not satisfied by the estate against that coheir or those coheirs, in proportion to each of the relevant heirs' shares in the estate.

A person seeking to renounce a succession must file a statement with the family court to that effect.

A person who has renounced a succession is deemed never to have been an heir as regards that succession.

A person who has renounced a succession and who is in actual possession of property belonging to the estate at the time of the renunciation must preserve that property with the same care that the person would exercise over the person's own property, until delivering it to the heir or to the liquidator of the estate referred to in Article 952, paragraph (1).

Article 645; Article 646; and Article 650, paragraph (1) and paragraph (2) apply mutatis mutandis to a case as referred to in the preceding paragraph.