Heirs can freely dispose of the assets they inherited through a succession. However, there are cases where the consent of a Judge is necessary; i.e. the consent of the Court of the last domicile of the deceased.
A Judge’s consent is necessary when heirs accept an inheritance with the benefit of inventory (art. 484 c.c. e 747 c.p.c). This provides the heirs protection if the inheritance included several debts, because it allows them to pay solely with the estate of the deceased and not their own resources (art. 490 c.c.).
Heirs who accept an inheritance with the benefit of inventory are required to ask the consent of a Judge before proceeding with a sale. Any violation of this obligation implies the revocation of the benefit of inventory, with the result that the heirs become liable for the deceased’s debts.
Read more articles on our website:
- Inheritance Issues: Common Mistakes of Aliens Heirs
- How Suppressing a Will Can Lead to being Excluded from Succession