Can the deceased's home be emptied before renouncing the marriage? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Insolvent estates, renunciation and declaration of heirs > Can the deceased's home be emptied if one wishes to renounce the inheritance?

Can the deceased's home be emptied if one wishes to renounce the inheritance?

Caution is advised. A person considering renouncing an inheritance should not empty the deceased's home and freely dispose of their belongings as if they were their own.

Certain actions necessary for the protection and preservation of property can, however, be taken without this in itself leading to acceptance of the inheritance.

In particular, depending on the circumstances, it may be necessary to take temporary measures to secure the accommodation, protect the property inside or prevent its deterioration.

The law also allows, in certain circumstances, the distribution of clothing, personal papers, decorations, diplomas and family mementos with the agreement of all heirs, without this distribution alone leading to acceptance of the inheritance.

Special rules also allow, before the appointment of the liquidator and in certain circumstances, the sale, donation or distribution of certain perishable goods as well as the disposal of certain goods whose preservation is costly or which are likely to depreciate rapidly.

These exceptions do not, however, allow for the free emptying of the dwelling, the appropriation of the deceased's property, its sale, its giving away or its disposal without regard to the rules applicable to the succession.

A person wishing to renounce should therefore limit their actions to the necessary steps and avoid disposing of the estate's assets before verifying the consequences of those actions.

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