For any succession: place
The succession opens where the deceased had a principal residence at the time of death, and the Code assigns succession matters to the Court with jurisdiction there.
2015 code guide
Land & housing
What the available 2015 codes say about succession, inherited land or buildings, registration by will, and venue for specified kinds of suit.
Question & answer
Estate includes land or a home?The available 2015 codes distinguish succession with a will from succession without one. They state rules for accepting or renouncing an inheritance and allow an heir to seek a certificate. If ownership of land or a building passes by will, the Civil Code also requires an entry in the immovable-property register.Civil Code (2015), Articles 705, 832–854, 962 and 1079; Civil Procedure Code (2015), Articles 54 and 56In the 2015 text
Provisions that may apply
This is not one mandatory sequence. The applicable rule depends on whether there is a will, the heir’s choice, and how the property passes.
Will or no will
If there is a will, Article 832 says the liquidator establishes the heirs or legatees and their shares. If no will is discovered within thirty days after death, Article 833 says the Code presumes that no will was left.
For an heir: choose
An heir may accept in full, accept under the benefit of inventory, or renounce. The default period is two months after notice from the liquidator. On the heir’s application, the Court may extend the period, up to a maximum of two months; a creditor may ask the Court to set a period. Minors and interdicted persons have restricted choices.
Declare the choice
Renunciation or full acceptance requires a declaration at one of the places named in the 2015 text. Renunciation must also reach the liquidator before the applicable period expires. Benefit-of-inventory acceptance uses the same formality; if no other choice is made, the Code deems that form of acceptance to apply.
Optional: seek a certificate
An heir may, but is not required by these provisions to, ask the Court for a certificate stating the deceased and the share the heir is called to take. The Court may require evidence or security.
Will transfer: register
The Code treats land and buildings as immovables. When ownership of an immovable passes by will, it requires an entry in the register of immovable property and leaves registration to special legislation.
If a suit is brought
Suit venue.
These are two rules stated in the 2015 Civil Procedure Code. This page does not decide which one controls a particular suit.
Succession liquidation
The 2015 Civil Procedure Code says this kind of suit is instituted in the court of the place where the succession opened.
Immovable rights
Unless expressly provided otherwise, the 2015 Civil Procedure Code says this listed kind of suit is instituted where the property is situated.
Available code texts
Read provisions.
Beyond the 2015 codes
Gazette instruments
The foundational codes are one part of the public record. Browse preserved Gazette instruments whose titles concern land management, property registration, construction, rent, and tenancy.