DROP debts - ADOPT OR REJECT?

More often it happens that in the fall are long. Is such a fall better to accept or reject? As usual in the law, there is no good answer. At the outset, it must be emphasized that the submission of any claim as to the acceptance or rejection of the fall heir has time to six months from the date when he found out about the title of their succession. After the six-month period, you can not make any statements, and the decline is considered to be accepted (depending on the situation - either directly or with the benefit of inventory).

One thing is certain. If the heir refuses to accept such a fall, it is worth thinking about adopting the inheritance. What does it mean? Heir is responsible for the debts of their property inheritance (because decline is not only assets but also liabilities) only to the extent of the active state of decline. This means that the heir should not lose out on acceptance of the inheritance. Deliberately writing "should not", because in practice it may be that, however, this loss uprising. Why? I once had a client who received the benefit of inventory decline. Creditors deceased relative mass brought in the case of payment to the court, and each time the heirs have to pay the court costs. Right away it must be emphasized that legal costs are not a long succession, only new debts directly incriminating heirs. But, frankly, who cares what the title has to pay, when to pay and so must. In addition to such "surprises", with the adoption of the inheritance will be necessary to pay for the preparation of the inventory by a bailiff. The exception is when the adoption of the inheritance shall be made under the law, and not as a result of the declaration. In such a situation, the court does not manage the inventory.

If we know or expect that the debts exceed the value of the inheritance, it seems quite reasonable decision to decline rejected. Just remember that when you reject a drop pass to decline further heirs who they can (and sometimes should) refuse the fall. This is so complicated that the current circle of heirs is blown to the limit. If we decide to make a statement about the acceptance or rejection of decline, this can be zrobiću notary public, or in court. Be aware of the time!