Waiver of succession: who deals with the debts and property of the deceased?

Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

If you give up the estate of a relative, the persons who have to take care of the property and debts of the deceased differ depending on whether the estate has been accepted by another heir or not. Here are the rules to know.

Acceptance by at least 1 heir

If you give up the estate, you are considered to have never been heir.

So you cannot receive money and property from the deceased. You don't have to pay his debts either.

However, you must participate at payment of funeral expenses of the deceased. The bank account of the deceased is blocked, but you can get the refund of the amounts advanced to pay the funeral within the limit of €5,965.

If you have received a donation, you can keep it as long as it does not exceed available quota. However, the deceased may expressly provide that if you renounce the succession, the gift must be taken into account in the civil report. This means that you will have to compensate the other heirs if the reported value of the donation exceeds the rights you should have had in the division.

Please note

If you give up the estate, it's your descendants who inherit. They will therefore, in turn, have to decide whether to accept or renounce the succession.

You must let the heir(s) who accepted the estate manage the deceased's assets and debts.

Waiver by all heirs

If you give up the estate, you are considered to have never been heir.

So you cannot receive money and property from the deceased. You don't have to pay his debts either.

However, you must participate in the payment of funeral expenses of the deceased. The bank account of the deceased is blocked, but you can get the refund of the amounts advanced to pay the funeral within the limit of €5,965.

If you have received a donation, you can keep it as long as it does not exceed available quota. However, the deceased may expressly provide that if you renounce the succession, the gift must be taken into account in the civil report. This means that you will have to compensate the other heirs if the reported value of the donation exceeds the rights you should have had in the division.

Please note

If you give up the estate, it's your descendants who inherit. They will therefore, in turn, have to decide whether to accept or renounce the succession.

Designation of the Domain

If you and all other heirs renounce the estate, the Domain is appointed as curator. Only he can then manage the deceased's assets and debts.

For this, a notary, the public prosecutor, persons managing the deceased's assets or creditors in case of loss-making succession must apply. This request must be addressed to the court of the deceased's domicile.

Who shall I contact

Sale of estate assets

The Domain first, make an inventory of the deceased's property to estimate the amount of the estate. He then sells the deceased's property to settle the estate's expenses and debts.