Declaration of Heirs or Declaration of Inheritance? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent succession and renounciation > Does the declaration of heirs replace a declaration of inheritance?

Does the declaration of heirs replace a declaration of inheritance?

No.

The declaration of heirs does not replace declaration of inheritance. The declaration of heirs and the declaration of inheritance do not have exactly the same function.

The declaration of potential heirs is primarily a transitional document that identifies individuals entitled to inherit, even if they haven't yet decided whether to accept or renounce the inheritance. It does not, in itself, confer upon them the status of heir. Its purpose is to establish their to inherit before they definitively acquire the status heir.

The declaration of inheritance , also called a declaration of legal heirs, is used to establish the identity of the legal heirs, particularly when a person dies without a will or when the will does not fully settle the distribution of the estate.

Depending on the circumstances, a declaration of heirs may therefore be used at the beginning of the settlement of the estate in order to carry out certain steps, while a declaration of inheritance may be required later to establish the legal heirs and assert their rights with certain institutions.

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