What does the law say when a person passes away and leaves an inheritance to a minor? 🤔 Let us explain!
First, you need to understand the succession option. When you lose a loved one, 3 choices are available to you:
▪️ Accept the inheritance outright ▪️ Accept the inheritance up to the net assets: accepting a deceased person’s estate without having to pay debts that exceed the value of the assets transferred ▪️ Renounce the inheritance
The person responsible for making this decision must be:
👉 One of the parents holding parental authority 👉 The guardian, with the approval of the family council
A protection litigation judge is required to accept the inheritance on behalf of the minor — except when the decision made by the parent or guardian is to accept the inheritance up to the net assets. It is only in the event of a disagreement between the two parents exercising parental authority that referring the matter to a protection litigation judge becomes necessary.
Seeking advice from your notary is strongly recommended. Your notary will be able to explain how the succession process works and guide you in making the right decisions.
