Application for Renunciation of Inheritance - Refusing an Estate, or Passing Your Share On, Before the Deadline

What renunciation is under Georgian law

Under the Civil Code, an heir may renounce the inheritance by a written application to the notary at the place where the succession opened, within the six months allowed for acceptance; the renunciation is a notarial act, certified by the notary after establishing the heir's identity and free intention, and entered in the inheritance file and the register. Renunciation is of the heir's whole share - an heir cannot accept the apartment and renounce the debts, or accept a share of the share - and it is unconditional, except that Georgian law allows an heir to renounce in favor of one or several named persons among the heirs by will or by law, or of the state, in which case the renounced share passes to them; a renunciation without such a designation passes the share to the heirs who would take it under the ordinary rules. An heir who has already accepted, expressly or by taking possession, cannot afterwards renounce, and an heir who has renounced cannot afterwards accept, so the choice is made once and should be made with knowledge of the estate.

Why heirs renounce

The commonest reason is debt. An heir who accepts takes the estate's liabilities as well as its assets, to the extent of the estate's value, and where a deceased left loans, guarantees, tax debts or a business in trouble, a renunciation within the period is the clean way out; the estate's creditors then pursue the estate through the heirs who accept or, if none does, through the state. The second reason is family arrangement: children renounce so that the surviving parent takes the whole apartment, one sibling renounces in favor of the sibling who cared for the parent or lives in the house, or heirs renounce in favor of a relative abroad who needs the asset, and a renunciation in favor of a named heir achieves this directly, without a later gift and its formalities. The third is estate planning across borders: an heir already provided for at home, or facing tax in their own country on foreign inheritances, renounces the Georgian share. The notary explains the effect of each form, and where a renunciation interacts with foreign tax or succession law, we suggest advice at home before signing.

The deadline, and renunciation by persons who cannot sign for themselves

The renunciation must reach the notary within six months of the death (or of the date the heir's right arose); an heir who has neither accepted nor renounced by then has simply not accepted, which for most purposes has the effect of renunciation without a designation, but without the certainty and the ability to direct the share that a formal renunciation gives, and without protection if the heir's conduct is later read as acceptance by possession. A minor heir or an heir under guardianship renounces through their legal representative, and because renunciation gives up a right, Georgian law requires the guardianship authority's consent, which the notary checks; renunciation on behalf of a child to escape debts is therefore possible but takes longer and should be started early. Renunciation cannot be revoked once certified, except by a court on the grounds that apply to any declaration of will - mistake, deception, duress - which is why the notary confirms the heir's understanding at the act.

Heirs abroad: renouncing without travelling

An heir outside Georgia renounces either by an application signed before a Georgian consulate abroad, which certifies the signature and forwards or returns the application for filing with the notary, or by a power of attorney - made at the consulate or before a local notary with an apostille - authorizing a person in Georgia to file the renunciation, in wording that names the deceased, the succession and, if desired, the heir in whose favor the share is renounced; because the power must expressly authorize renunciation, a general power to deal with the estate may not suffice, and we draft the text for the heir to take to the consulate or notary. We review foreign drafts, translate and notarize the power and the heir's civil status documents on arrival, and file within the period; where the heir's identity documents or relationship documents are foreign, they are apostilled and translated as for acceptance.

Effects on the other heirs and the file

A renunciation changes the arithmetic of the succession, and the notary re-establishes the shares: a renounced share without designation accrues to the other heirs of the same order in proportion to their shares, or passes to the next order if no one in the order accepts; a renounced share in favor of a named heir goes to that heir in addition to their own; a renunciation by a compulsory heir removes their compulsory-share claim; and a renunciation by the sole heir of an order opens the succession to the next order, whose six months run from the renunciation. The heirs in whose favor a share is renounced must themselves accept within their period. All of this appears in the certificate of inheritance the notary eventually issues, and heirs planning a family arrangement should coordinate acceptances and renunciations so that the intended result is reached; we map it out with the family before anyone signs.

What to bring, fees and timing

Bring your valid passport or Georgian ID and the death certificate (foreign certificates apostilled and translated); where you renounce in favor of a named heir, that heir's full name and relationship to the deceased; and, if you are the legal representative of a minor or a ward, the documents of your authority and the guardianship authority's consent. Send these in advance on WhatsApp or Telegram and we prepare the application so that the act takes minutes at Agmashenebeli 117, with our interpreter present and recorded where the heir does not speak Georgian and the foreign passport translated for the file. Fees follow the official tariff for the certification of the application; the translation, notarization and apostille of foreign documents and of a power of attorney are quoted separately. Given the deadline, we treat renunciations as same-day work, and we confirm the last day for filing from the death certificate when you first write.

Frequently asked questions

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