Chapter IV: Option of the heir

The heir may accept the succession purely and simply or renounce it. He may also accept the succession up to the amount of the net assets where he has a universal vocation or universal title. A conditional or term option is null and void.

The option is indivisible. However, a person who has more than one succession claim to the same estate has a separate right of option for each of them.

The option cannot be exercised before the opening of the succession, even by marriage contract.

The heir may not be forced to opt before the expiry of a period of four months from the opening of the succession. At the expiry of this period, he may be summoned, by extrajudicial act, to take sides at the initiative of a creditor of the succession, a co-heir, an heir of subsequent rank or the State.

Within two months of the summons, the heir must take sides or request an extension of time from the judge where he has not been able to complete the inventory begun or where he justifies other serious and legitimate reasons. This period is suspended from the date of the request for an extension until the decision of the judge hearing the case. If the heir has not taken a position…

In the absence of a summons, the heir retains the option to opt, if he has not otherwise acted as an heir and if he is not held to be an accepting heir pure and simple pursuant to articles 778, 790 or 800.

The provisions of articles 771, 772 and 773 apply to the next-ranking heir called to succeed where the first-ranking heir renounces the succession or is unworthy to succeed. The four-month period provided for in article 771 runs from the day on which the subsequent heir becomes aware of the renunciation or unworthiness.

The provisions referred to in article 774 also apply to the heirs of a person who dies without having opted. The four-month period runs from the opening of the latter’s estate. The heirs of a person who dies without having opted in exercise the option separately, each for his or her share.

The option exercised has retroactive effect to the day on which the estate is opened.

Error, fraud or violence is a cause of nullity of the option exercised by the heir. The action for nullity is barred after five years from the day on which the error or fraud was discovered or the day on which the violence ceased.