Who Inherits in Case of Renunciation of Inheritance?

When a legal heir renounces their right to inherit, they lose the right to accept the inheritance. In such cases, the inheritance passes to other heirs who would be entitled to inherit by law. Here’s how the inheritance is distributed in the event of renunciation:

1. If the Renunciation is Made by a Legal Heir
   • If a legal heir (e.g., child, spouse, or parent of the deceased) renounces their inheritance, their share of the estate passes to the other heirs of the same order, who will share the inheritance among themselves.
   • If there are no other heirs of the same order, the inheritance passes to the heirs of the next order.

Example:

• If an heir renounces and there are other heirs of the same order (e.g., other children of the deceased), they will receive that heir's share.
• If there are no other heirs of this order, the inheritance passes to the heirs of the next order, such as the deceased’s parents or siblings.

1. If the Renunciation is Made by a Testamentary Heir
2. If an heir is named in a will but renounces the inheritance, the inheritance passes to the other heirs named in the will.
3. If there are no other heirs in the will, or if the will does not address such a situation, the inheritance is distributed according to the rules of statutory inheritance, meaning it passes to the heirs by law (e.g., spouse, children, parents).
4. Heirs are arranged in orders, and if a given heir renounces, the following applies:
   • First Order: Children and grandchildren of the deceased. If a child renounces, their own heirs (their children or grandchildren of the deceased) may inherit their share.
   • Second Order: Parents of the deceased.
   • Third Order: Siblings of the deceased and their descendants (nieces and nephews).
   • Fourth Order: Other relatives in ascending line (grandparents, great-grandparents).
5. If a first-order heir (e.g., child of the deceased) renounces the inheritance, their own children (grandchildren of the deceased) may inherit their share, unless they also renounce.
6. It is important to know that renunciation of inheritance is irreversible. Once made, the heir cannot later change their decision and ask to accept the inheritance.
7. Renunciation is done through a written declaration before the district court where the inheritance is opened (where the deceased had their last residence).
8. The declaration must be notarized and submitted to the court.
9. Inheriting by Orders
10. Special Case: Heirs of the Renouncing Heir
11. Renunciation is Final
12. How to Renounce Inheritance

The inheritance passes to the next in line or other persons named in the will in the event of renunciation by the original heir.