Renouncing an inheritance: what to do under Georgian law

What to do

1. ⏰ Deadline and point of no return: renunciation is made to a notary within 3 months from the day the heir learned or should have learned of the entitlement (Civil Code Art. 1434); the court may extend this period by no more than 2 months (Civil Code Art. 1434). An heir who lives at or is registered at the testator's address and has actually entered into possession may renounce within the acceptance period (Civil Code Art. 1447); the acceptance period is 6 months from the day of opening (Civil Code Art. 1424). But after an application to a notary for acceptance or for a certificate, renunciation is no longer possible (Civil Code Art. 1445).
2. Only in full: renunciation of part of the inheritance, or with a condition, is treated as renunciation of the whole (Civil Code Art. 1435). Exception: a farmer may renounce only agricultural land (Civil Code Art. 1436). Renunciation is irrevocable (Civil Code Art. 1446).
3. Who receives the share: in favour of another person, only one who is among the heirs by law or by will and is not unworthy or disinherited (Civil Code Art. 1439); in favour of a grandchild, only if the grandchild's parent died before the opening of the inheritance or the grandchild is an heir by will (Civil Code Art. 1443); on a simple renunciation the share accrues to the other heirs (Civil Code Art. 1440); if the sole heir of an order renounces, the next order inherits (Civil Code Art. 1441); the children of the person who renounces do not inherit in his or her place (Civil Code Art. 1336).
4. If the reason is debts, compare first: for debts the heir is liable only within the assets received (Civil Code Art. 1484); if the heir renounces, the debts pass to the next heirs.
5. Formalities: the application may be submitted to any notary (Instruction on the Procedure for Notarial Acts, Art. 78); through a representative, only with a special power of attorney to renounce (Civil Code Art. 1449); on behalf of an incapacitated person or a person receiving maintenance, only with the court's permission (Civil Code Art. 1446); a renunciation may be challenged within 2 months from when the grounds became known (Civil Code Art. 1450).
6. Where to apply: any notary; court, for an extension of the deadline and permission to renounce on behalf of an incapacitated person.
7. Evidence: death certificate, passport, documents on kinship; details of the heir in whose favour the renunciation is made; power of attorney with the special authority.
8. Traps: first filing the application for acceptance and only then trying to renounce, which is too late; “I'll renounce the debts and keep the flat” is a renunciation of everything; renouncing in favour of a friend or grandchild while the parent is alive is not permitted.

Be sure to check

• the renunciation deadline; after an application for acceptance, renunciation is impossible; for an heir who accepted in fact, within the acceptance period
• renunciation only of the whole inheritance, without conditions; it is irrevocable
• renunciation in favour of a specific heir: who is permitted and who is not; where the share goes on a simple renunciation
• formalities at a notary, a power of attorney with special authority, court permission for an incapacitated person
• if the reason is debts: liability only within the assets, and the debts pass to the next heirs