5.3.2 Accepting an Inheritance

Acceptance may be either formal or informal.1 Formal acceptance occurs when the successor expressly accepts in writing or assumes the quality of successor in a judicial proceeding.2 Informal acceptance occurs when the successor does some act that clearly implies his intent to accept.3 Acceptance obligates the successor to pay estate debts up to that successor’s share of the estate, valued at the time of receipt.4

A successor’s creditor may, with judicial authorization, accept succession rights in the successor’s name if the successor has renounced them in whole or in part to the prejudice of the creditor’s rights.5 In such a case, the renunciation may be annulled in favor of the creditor to the extent of the creditor’s claim against the successor, but remains effective as to the successor.6

• 1La. C.C. art. 957.
• 2id.
• 3Id.
• 4La. C.C. arts. 961, 1416.
• 5La. C.C. art. 967.
• 6Id.