Libro Tercero · Título II Capítulo VI. De la aceptación y de la renuncia de la herencia

Acceptance of the inheritance may be express or tacit.

The heir expressly accepts the inheritance, by manifesting it to the judge, or by requesting from him possession of the property, or by using the title or capacity of heir in a public instrument.

The heir accepts tacitly, by entering into possession of the inheritance or performing other acts for which he would have no right without being an heir.

The inheritance instituted in favor of legal persons, minors and incapacitated persons shall be accepted by their legal representatives.

The renunciation of the inheritance left to minors and incapacitated persons shall be made with judicial approval and intervention of the Public Prosecutor's Office.

The acceptance of the inheritance may not be made conditionally or partially.

The term for accepting the inheritance is six months counted from the death of the testator, if the heir is in the territory of the Republic, and one year if abroad. If the term for acceptance passes without anyone appearing to claim the inheritance, nor there being an heir to whom it manifestly belongs, or those who had the right to it having renounced it, it shall be declared vacant, in accordance with the prescriptions of the Procedural Code.

Once the inheritance is accepted, the heir is the owner thereof from the death of the decedent, and the fruits and the gains and losses of the hereditary property are his.

Those who have the free disposition of their property may renounce the inheritance and legacies.

The term for renouncing the inheritance is the same as that for acceptance.

The renunciation must be express and made in writing before the judge or by means of a public deed.

The renunciation of the inheritance alone does not deprive the person making it of claiming the legacies that may have been left to him.

The creditor of the heir or legatee who renounces the inheritance or the legacy may claim the portion covering his credit.

Whoever is called to the same inheritance by will or intestacy, if he renounces one, shall be deemed to renounce both.

When any person has an interest in the heir declaring whether he accepts or renounces the inheritance, he may request, after nine days have elapsed from the opening thereof, that the judge set a time limit not to exceed thirty days within which he is to make his declaration, under warning that if he fails to do so the inheritance shall be deemed accepted.

If the heir renounces the inheritance to the prejudice of his creditors, the latter may, provided that their claims predate the renunciation, petition the judge to authorize them to accept on his behalf. In this case, the acceptance shall benefit the creditors only up to the amount of their claims; any excess, if any, corresponding to the heirs called by law.

Whoever is to enter into possession of the inheritance by reason of the heir's renunciation may oppose its acceptance by the creditors by paying to the latter the claims they hold against the person who renounced.