To inherit property, simply being an heir is not enough; the law requires you to formally accept the inheritance within a mandatory six-month period. Many mistakenly believe that their rights are permanently lost once this deadline passes, but the legal framework provides specific mechanisms to overcome this obstacle.
The inheritance process begins on the date of the citizen's death. While the statutory period for acceptance is six months, this timeline may vary if the right to inherit arises after another person refuses or fails to accept their share. Interestingly, if you have accepted the inheritance "in fact," visiting a notary is not strictly mandatory. If you have taken possession of or managed the property—such as by paying utility bills, covering maintenance costs, or settling the deceased's debts—the law considers the inheritance accepted. It is only necessary to preserve the documents that verify these actions.
If you have not taken actual possession, a second option exists: obtaining the consent of the other heirs. If all other heirs provide their written agreement, the notary may revise the previously issued certificate and issue a new one. The third option is to pursue the matter in court. If you were unaware—and had no obligation to be aware—of the inheritance, the court may consider the missed deadline valid and recognize you as having accepted the inheritance, provided the claim is filed within six months after the reasons for the delay have been resolved.
Strict rules also apply to renouncing an inheritance. This process must be completed within the six-month period, even if you have already accepted the assets. However, remember that once a renunciation is submitted, it cannot be withdrawn or modified.
Legal disputes regarding inheritance often arise not from the complexity of the law, but from a lack of awareness. Many people rely exclusively on formal documentation, overlooking the powerful legal tool of "actual possession," which operates automatically.
It is important to understand that a notary’s certificate is not the sole source of legal rights, but merely a confirmation of them. If you are taking care of the deceased's property, the law protects you, provided you can prove the costs associated with that maintenance. To avoid legal uncertainty, collect receipts and relevant documents from the very first day.
