Enforcement proceedings against a debtor’s heirs

Under Article 429(2) of the Code of Civil Procedure, a writ of execution issued against the deceased may also be enforced against the property of their heirs, unless the heirs establish that they renounced the inheritance or accepted it under inventory. If an heir has not accepted the inheritance, the enforcement officer sets a time limit under Article 51 of the Inheritance Act and communicates the heir’s declaration to the competent district judge for entry in the register. For succession to take effect in these enforcement proceedings, the succession must have occurred after the writ was issued. Article 429(2) presumes that the persons called to inherit accepted the estate outright. It therefore permits enforcement against the personal assets of the heirs of the debtor named in the writ. The heirs may rebut that presumption by proving to the enforcement officer that they renounced the estate or accepted it under inventory.

Formal evidence of renunciation is sufficient for the enforcement officer to treat the heir as having renounced the debtor’s estate. The officer has no power to determine whether the renunciation is valid or whether the heir, before registration of the renunciation, performed acts amounting to tacit acceptance. A dispute as to the validity of the renunciation cannot be decided by the enforcement officer in the enforcement proceedings.

By operation of Article 429(2), once the inheritance is renounced the writ ceases to extend to the person who renounced; acceptance under inventory likewise limits its reach. A person who renounced but was joined as a debtor is not an heir and no longer has procedural standing. They are not the proper party to answer for the deceased debtor’s obligations in the enforcement case, so there is no legal basis for their participation as a party in those proceedings.

This article is not a legal opinion or legal advice relating to a particular situation or person. For help with an inheritance or an enforcement case, consult a lawyer practising in the relevant field.