The French Civil Code and the formal notice to the heir to accept or repudiate the inheritance

Formal notice to the heir to accept or repudiate the inheritance

Sènakpon Gbassi

September 24, 2024

Articles 771 and 772 of the French Civil Code, in its version amended by Law No 2006-728 of 23 June, in force since 1st January 2007, allows any interested person who proves an interest for the heir to accept or repudiate the inheritance, to give notice and inform that he/she has a period of two months to accept purely and simply, or under benefit of inventory, or to repudiate the inheritance.

The formal notice may intervene four months after the death.

The heir may judicially request a deadline extension of two months.

The deadline extension entails the suspension of the initial deadline.

After the two months or the extension granted judicially, with no response from the heir, their silence is considered a pure and simple acceptance of the inheritance.

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