Practice question
After the decedent's death, an heir repudiates an inheritance to the prejudice of the heir's creditors. The creditors obtain judicial authority under Article 1052 to accept in the heir's name. The available inheritance exceeds their claims. Who benefits from that acceptance?
- Only the creditors to the extent needed to cover their credits; the excess goes to those entitled under succession law, not the renouncing heir.
- The renouncing heir receives the entire excess automatically.
- The creditors obtain all the inheritance regardless of their credits.
- The executor personally receives all the proceeds.
- No creditor may ever seek such authority.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1052.
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