How an Estate Is Accepted
Probate administration begins with acceptance of the estate. The estate is accepted by the heir, whether that heir is an heir by law or an heir by will — the distinction does not change the manner of acceptance. The law recognizes two routes: the heir files an application with a notarial body declaring acceptance of the estate, or the heir actually enters into possession or management of the estate, which undeniably evidences that the estate has been accepted.
The rule on partial possession deserves particular attention: where an heir has actually entered into possession of a part of the estate, it is considered that the heir has accepted the entire estate, whatever it may comprise and wherever it may be located. In practice an heir cannot cherry-pick a single desirable asset: taking possession of part extends acceptance to the whole estate, together with its debts. Likewise, if one of the heirs refuses a share from the estate in favour of another heir, such an act is counted as acceptance of the estate rather than its renunciation, because it presupposes control over the inherited assets.