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.