{"schemaVersion":1,"recordType":"legal-explanation","id":"inheriting-immovable-property","sector":"land-housing","title":"Inheriting land or a home","intro":"A source-linked explanation of the provisions that may matter when a succession includes land or a building. Which provisions apply depends on the circumstances. This is not a current filing guide.","answer":"The available 2015 codes distinguish succession with a will from succession without one. They state rules for accepting or renouncing an inheritance and allow an heir to seek a certificate. If ownership of land or a building passes by will, the Civil Code also requires an entry in the immovable-property register.","provisions":[{"number":"1","title":"For any succession: place","description":"The succession opens where the deceased had a principal residence at the time of death, and the Code assigns succession matters to the Court with jurisdiction there.","evidence":[{"citation":"Civil Code, Article 705(1)","href":"/law/civil-code-2015/article/705/#p1"},{"citation":"Civil Code, Article 705(2)","href":"/law/civil-code-2015/article/705/#p2"}]},{"number":"2","title":"Will or no will","description":"If there is a will, Article 832 says the liquidator establishes the heirs or legatees and their shares. If no will is discovered within thirty days after death, Article 833 says the Code presumes that no will was left.","evidence":[{"citation":"Civil Code, Article 710(1)","href":"/law/civil-code-2015/article/710/#p1"},{"citation":"Civil Code, Article 832(1)","href":"/law/civil-code-2015/article/832/#p1"},{"citation":"Civil Code, Article 833(1)","href":"/law/civil-code-2015/article/833/#p1"}]},{"number":"3","title":"For an heir: choose","description":"An heir may accept in full, accept under the benefit of inventory, or renounce. The default period is two months after notice from the liquidator. On the heir’s application, the Court may extend the period, up to a maximum of two months; a creditor may ask the Court to set a period. Minors and interdicted persons have restricted choices.","evidence":[{"citation":"Civil Code, Article 838","href":"/law/civil-code-2015/article/838/#p1"},{"citation":"Civil Code, Article 838(2)","href":"/law/civil-code-2015/article/838/#p2"},{"citation":"Civil Code, Article 839(3)","href":"/law/civil-code-2015/article/839/#p3"},{"citation":"Civil Code, Article 840(1)","href":"/law/civil-code-2015/article/840/#p1"},{"citation":"Civil Code, Article 840(3)","href":"/law/civil-code-2015/article/840/#p3"},{"citation":"Civil Code, Article 840(4)","href":"/law/civil-code-2015/article/840/#p4"}]},{"number":"4","title":"Declare the choice","description":"Renunciation or full acceptance requires a declaration at one of the places named in the 2015 text. Renunciation must also reach the liquidator before the applicable period expires. Benefit-of-inventory acceptance uses the same formality; if no other choice is made, the Code deems that form of acceptance to apply.","evidence":[{"citation":"Civil Code, Article 841(1)","href":"/law/civil-code-2015/article/841/#p1"},{"citation":"Civil Code, Article 841(2)","href":"/law/civil-code-2015/article/841/#p2"},{"citation":"Civil Code, Article 842","href":"/law/civil-code-2015/article/842/#lead"},{"citation":"Civil Code, Article 843(1)","href":"/law/civil-code-2015/article/843/#p1"}]},{"number":"5","title":"Optional: seek a certificate","description":"An heir may, but is not required by these provisions to, ask the Court for a certificate stating the deceased and the share the heir is called to take. The Court may require evidence or security.","evidence":[{"citation":"Civil Code, Article 853(1)","href":"/law/civil-code-2015/article/853/#p1"},{"citation":"Civil Code, Article 853(2)","href":"/law/civil-code-2015/article/853/#p2"},{"citation":"Civil Code, Article 854(1)","href":"/law/civil-code-2015/article/854/#p1"}]},{"number":"6","title":"Will transfer: register","description":"The Code treats land and buildings as immovables. When ownership of an immovable passes by will, it requires an entry in the register of immovable property and leaves registration to special legislation.","evidence":[{"citation":"Civil Code, Article 962","href":"/law/civil-code-2015/article/962/#lead"},{"citation":"Civil Code, Article 1079","href":"/law/civil-code-2015/article/1079/#p1"},{"citation":"Civil Code, Article 1079(2)","href":"/law/civil-code-2015/article/1079/#p2"}]}],"branches":[{"title":"Succession liquidation","description":"The 2015 Civil Procedure Code says this kind of suit is instituted in the court of the place where the succession opened.","evidence":[{"citation":"Civil Procedure Code, Article 54","href":"/law/civil-procedure-code-2015/article/54/#lead"}]},{"title":"Immovable rights","description":"Unless expressly provided otherwise, the 2015 Civil Procedure Code says this listed kind of suit is instituted where the property is situated.","evidence":[{"citation":"Civil Procedure Code, Article 56(1)","href":"/law/civil-procedure-code-2015/article/56/#p1"},{"citation":"Civil Procedure Code, Article 56(1)(c)","href":"/law/civil-procedure-code-2015/article/56/#p1c"},{"citation":"Civil Procedure Code, Article 56(1), venue","href":"/law/civil-procedure-code-2015/article/56/#p1-tail"}]}],"established":["The Code distinguishes testate and intestate succession.","An heir is not forced to accept a succession.","A certificate of heir states the status and share attributed to the heir unless annulled.","Land and buildings are treated as immovables.","A transfer of an immovable by will requires entry in the immovable-property register under the 2015 text."],"unknown":["The currently operating registry office and its location","The current application form and required supporting documents","The current fee and processing time","Which special registration legislation and later amendments are currently applied","Whether, and under what current rule, a certificate of heir is used for registration","What current registration rule applies when an immovable passes by intestate succession"],"caution":"The two venue rules describe different kinds of suit. This guide does not decide which rule governs a particular suit, and it does not establish present administrative practice.","scope":{"kind":"legal-text","sourceEdition":"2015","currentPracticeEstablished":false},"source":{"label":"Civil Code · Article 705","articleHref":"/law/civil-code-2015/article/705/","sourceHref":"/sources/civil-code-2015/page/197/"},"canonicalUrl":"https://eriatlas.com/sectors/land-housing/procedures/inheriting-immovable-property/"}