By inventory benefit is understood the privilege or advantage that an heir can enjoy when receiving an inheritance, without having responsibility for the debts or obligations of the limited succession, to the extent of the value of the inheritance that he inherits. The heir who accepts the benefit of the inventory is responsible for the debts of the succession only for the value of its effects.
This is a right of the legal or testamentary beneficiaries to demand an inventory of the estate from the administrator.
This benefit cannot be prohibited by the testator; It is also mandatory that the fiduciary heirs accept the benefit of the inventory. An heir until he has made an act of heir, retains the right to accept the inheritance with the benefit of the inventory.
You may lose the benefit of inventorying the person who omits in bad faith by not mentioning any part of the property. The person who accepts with the benefit of the inventory is responsible not only for the goods he receives, but also for those that later accumulate in the inheritance, in the same way that he will be responsible for all the credits as if he had actually collected them.
On the other hand, some countries establish in their laws that the beneficiary heir may get rid of any obligation by handing over the assets of the estate to the creditors; Once the creditors are paid, the judge must, at the request of the heir, summon by means of edicts the hereditary creditors that have not been covered.
For example, a person can inherit two cars and a house. But if you were buying everything on credit and for a short time, mortgages and loans also become the responsibility of the heir. Taking into account that buildings have lost value in the crisis as well as vehicles, perhaps you take on more debts of the value of what you inherit.
Unless there is a special sentimental value to what is inherited, in those cases, it is best to give up the inheritance directly. But the best option is resignation.
However, what if the debt is known to be less than the value of the assets to be inherited? In this situation, it is positive to accept the inheritance, knowing that the debts, when contracted, are effective for the heir as if they were his. And many people cannot cope.
For these cases, there is a little- known but ideal solution for a situation like this: inheritance for the benefit of inventory.
