# Renouncing an inheritance in Georgia — how and when

If you don't want to accept an inheritance — for example, the deceased had debts or the property should go to another relative — you can renounce it. It is done before a notary, within a short deadline, and it can't be undone. We help you decide and do it correctly — also from abroad.

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Under Article 1434 of the Civil Code, you may renounce an inheritance within 3 months of the day you learned, or should have learned, that you were called to inherit. For a good reason a court can extend this by up to 2 months. The renunciation is made before a notary.
A renunciation is irrevocable (Article 1446). So before you sign, find out what the estate includes: property, money and debts.

## What to know

- No partial renunciation — the whole estate or nothing; a renunciation with a condition or a time limit counts as a full renunciation

- Exception: if you don't farm, you may renounce only the agricultural land, equipment and livestock

- Once you have applied to a notary to accept the estate or for a certificate of inheritance, you can no longer renounce

- If you are already using the estate, you can still renounce within the acceptance period — by an application to a notary

## Renouncing in favour of another heir

You can renounce in favour of a specific heir — by law or by will — or of several heirs, stating each one's share. In favour of a grandchild only if the grandchild's parent is no longer alive or the grandchild inherits under a will. Note: by law, giving up your share in favour of another heir counts as accepting the inheritance (Article 1421). If the estate has debts this matters — get advice first.

## If you don't name anyone

Your share goes to the other heirs. If you are the only heir of your order, the estate passes to the next order of heirs (Articles 1440–1441).

## Debts

Heirs are liable for the deceased's debts only up to the value of what they received, in proportion to their share (Article 1484). If the debts exceed the estate, the heir must prove it — unless the estate was inventoried by a notary. So before deciding, it's wise to ask for an inventory of the estate (Article 1432).

## Renouncing from abroad

You can renounce through a representative, but the power of attorney must expressly include the power to renounce (Article 1449) — a general power of attorney isn't enough. A power of attorney issued abroad needs an apostille or legalisation and a Georgian translation.

## Challenging it

Accepting or renouncing an inheritance can be challenged within 2 months of the day the interested person learned of the grounds (Article 1450).

## Our services

- Finding out what the estate includes — property and debts

- Requesting an inventory of the estate from a notary

- Preparing the renunciation and signing it before a notary

- Power of attorney wording for renouncing from abroad

- Renouncing in favour of a specific heir — calculating shares

- Challenging an acceptance or renunciation in court

## Questions & answers

### How long do I have to renounce an inheritance?

3 months from the day you learned you are an heir. For a good reason a court can extend it by up to 2 months.

### Where is it done?

Before a notary. If you are abroad, you can give a representative a power of attorney that expressly includes the power to renounce.

### Can I take it back?

No, a renunciation is irrevocable. It can only be challenged within 2 months, if there are legal grounds.

### If I renounce, will I have to pay the deceased's debts?

No — if you don't accept the estate, you aren't liable for its debts. Those who accept are liable only up to the value of what they received.

### Can I renounce only the flat and accept the rest?

No. Partial renunciation isn't allowed. The exception is agricultural land and equipment for an heir who doesn't farm.

## Legal basis

- [Civil Code of Georgia](https://matsne.gov.ge/ka/document/view/31702)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

## Related topics

- [#Inheritance](https://mmlaw.ge/en/inheritance-lawyer/)

- [#Georgians abroad](https://mmlaw.ge/en/georgians-abroad/)

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- [Inheritance lawyer](https://mmlaw.ge/en/inheritance-lawyer/)

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- [Accepting an inheritance in Georgia from abroad](https://mmlaw.ge/en/blog/inheritance-from-abroad/)

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- [Legal help for Georgians living abroad](https://mmlaw.ge/en/georgians-abroad/)

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- [Power of attorney from abroad for use in Georgia](https://mmlaw.ge/en/blog/power-of-attorney-from-abroad/)

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- [Accepting an inheritance · Georgians abroad](https://mmlaw.ge/en/georgians-abroad/accepting-an-inheritance/)

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- [Wills](https://mmlaw.ge/en/wills-in-georgia/)

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- [Recognising a foreign court decision in Georgia](https://mmlaw.ge/en/blog/recognition-of-foreign-judgments-georgia/)

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- [Divorce from abroad: without coming to Georgia](https://mmlaw.ge/en/blog/divorce-from-abroad-georgia/)

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Source: https://mmlaw.ge/en/renouncing-an-inheritance-georgia/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
