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.
The Acceptance Period
The estate must be accepted within six months from the day the estate opens. This period is general: it applies equally to heirs by law and heirs by will. Timely action matters because acceptance within the period vests in the heir the rights to the inherited property. The consequences of a lapsed period and the terms of its restoration are governed by other rules of inheritance law and require separate analysis of each case.
The Estate Inventory and Its Practical Value
An heir has the right to demand an inventory of the estate, for which a period of two months is granted, and that period is included within the general period established for accepting the estate. The inventory creates an objective picture of what the estate contains — items, securities, funds and documents — forming the basis for any division among co-heirs and for dealings with the decedent's creditors. Because the two-month window runs inside the general acceptance period, the demand must be planned together with the acceptance strategy, not treated as a later step.
The practical value of the inventory is most visible where the estate has multiple heirs or is burdened with debts: a recorded composition reduces future disputes about what formed part of the estate at the moment it opened. The detailed procedure for conducting the inventory itself is established by other provisions, so the formal mechanics of the process are usually clarified separately before the demand is made.
Heirs' Liability to the Decedent's Creditors
Accepting an inheritance is not only about rights. Heirs are obliged to satisfy the interests of the decedent's creditors in full, but only within the limits of the assets received and proportionally to each heir's share. An heir therefore answers for the deceased's debts not with personal property but within the assets received through the inheritance; where there are several heirs, each performs the obligation in proportion to his or her own share.
Solidarity is the exception: if the decedent was a solidarity debtor with respect to the debts that passed to the heirs, the heirs answer solidarily, and the creditor may claim the entire debt from any one of them. In addition, heirs who receive a compulsory share are also liable for the decedent's debts — a compulsory share is not treated as debt-free property, so its recipient stands in the same position as other heirs in that respect.
Notifying Creditors and the Procedure for Satisfying Claims
Heirs also carry an information duty: they are obliged to notify the decedent's creditors of the opening of the estate if the debts of the deceased are known to them. The duty arises precisely where the heirs actually have information about the debts, and honouring it streamlines the subsequent settlement of claims.
The manner of satisfaction is defined as well: the claims of creditors must be satisfied by the heirs through a one-time payment, unless something else is established by agreement between the heirs. The starting point is therefore a single payment; instalments or another payment schedule are possible only through the heirs' mutual agreement. In negotiations this detail matters: the internal agreement of the heirs, not a unilateral decision, determines whether a deferred arrangement can be formed.
Frequently Asked Questions on Probate Administration
When is the estate considered accepted?
When the heir files an application with a notarial body on acceptance of the estate, or actually enters into possession or management of the estate. Both routes carry equal legal weight.
Can an heir accept only part of an estate?
No, not at the level of factual possession: entering into possession of a part of the estate means the heir is considered to have accepted the entire estate, whatever it comprises and wherever it is located.
What periods apply to acceptance and inventory?
The estate must be accepted within six months from the opening of the estate. A demand for an inventory carries a two-month period, which is included within that general period rather than running separately.
Who answers for the deceased's debts and how?
Every heir, including a recipient of a compulsory share — within the assets received and proportionally to each share; solidarity debts are answered solidarily. Claims are satisfied by a one-time payment unless the heirs agree otherwise.
How We Help on Legal.ge
Probate administration requires precise calculation of periods, a correctly framed notarial application, a timely demand for an inventory and orderly dealings with creditors. The Legal.ge team will review your situation, assess which form of acceptance matches your interests and define the boundary of your liability for the deceased's debts. Contact us for a consultation: we will map every deadline and step so that acceptance proceeds safely and without surprise liabilities.