What can be done when an heir refuses to declare acceptance in order to avoid paying a debt?
The interrogatory action is the procedure by which an interested party or creditor petitions a judge to formally require the person called to inherit to expressly declare, within a fixed period, whether they accept or renounce the inheritance.
This institution addresses a common reality in succession matters: after the death of the decedent, the heir may remain inactive for up to ten years without exercising the right of option—that is, without accepting or renouncing the inheritance. This prolonged inaction creates uncertainty as to who assumes ownership of the assets and responsibility for the deceased’s obligations.
Moreover, it may give rise to abusive scenarios. For example, a debtor may delay accepting the inheritance while appearing insolvent before creditors, waiting for collection actions to become time-barred and later accepting the inheritance to consolidate their estate. In practical terms, movable or immovable property subject to registration that will eventually form part of the heir’s patrimony may remain outside public registries under their name for up to a decade. This prevents creditors from adopting measures such as attachment or encumbrance over those assets, undermining the effectiveness of credit rights and favoring prescription of the debt.
From a constitutional perspective, the right to inherit forms part of the right to property recognized by the Political Constitution of the State, which guarantees the protection of patrimony and legal certainty. However, this right is not absolute when weighed against legitimate interests of third parties.
Legal Grounds and Principles of the Interrogatory Action in Succession Proceedings
The interrogatory action is supported by three essential doctrinal pillars:
Legal Certainty and Protection of Credit
The estate cannot remain indefinitely in suspense. Uncertainty affects the circulation of assets, enforcement of obligations, and stability of legal relationships. National doctrine has emphasized that the social function of succession law requires mechanisms that prevent patrimonial paralysis.
Patrimonial Liability of the Heir
Balance Between Autonomy and Protection of Legal Transactions
The heir enjoys freedom to deliberate; however, that autonomy finds limits when silence harms legitimate third-party interests. The interrogatory action functions as an instrument of balance.
Legal Nature of the Interrogatory Action
This figure has a hybrid nature:
- Procedural, because it is processed before a judicial authority through a formal requirement.
- Substantive, because silence produces direct legal effects: the inheritance is deemed accepted with unlimited liability.
It is important to clarify that this action does not create heir status, since such status arises from the succession calling; it merely compels the exercise of the right of option.
Comparative Law and Roman Law Tradition
Similar institutions exist in other civil law jurisdictions:
- Civil Code, which allows a notarial requirement to the heir.
- Civil and Commercial Code of the Nation, which provides for judicial summons.
- Code civil, which regulates the succession option period through formal requirement.
This convergence confirms its Roman law roots and its structural function within contemporary succession systems.
Critical Analysis from a Legislative Policy Perspective
Although the interrogatory action fulfills an essential function in preventing the paralysis of the estate, the consequence of deeming the inheritance accepted purely and simply due to silence may be burdensome.
In situations where the heir is unaware of the true state of the assets and liabilities, the presumption of unlimited acceptance may affect the principle of proportionality. From a legislative reform perspective, it may be appropriate to consider presuming acceptance with benefit of inventory, thus ensuring greater equity without sacrificing legal certainty.
In summary, the interrogatory action operates as a compulsory mechanism to define the exercise of the succession option, ensuring that the decedent’s estate does not remain legally undefined. Its procedural configuration with substantive effects makes it a key instrument to harmonize hereditary freedom and third-party protection within the Bolivian succession system.
Our law firm has experience in succession law and provides specialized services in interrogatory actions, inheritance acceptance proceedings, and representation of creditors or co-heirs. If you are dealing with a similar situation, we invite you to contact us for professional legal guidance.
Frequently Asked Questions (FAQs)
Who may file an interrogatory action?
Any person with a legitimate interest, such as co-heirs, creditors, or legatees.
How long does the heir have to respond?
The judge sets a term that may not exceed thirty days from valid service.
What happens if the heir does not respond?
The inheritance is deemed accepted purely and simply, with unlimited liability.
May the heir accept with benefit of inventory after being summoned?
Yes, provided that it is declared within the judicially granted period.
Does the interrogatory action make someone an heir?
No. Heir status arises from the succession calling; the action only compels the exercise of the right of option.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
