My inheritance includes debts. Can I accept only the assets using EU succession rules?

What the Law Says

The EU Succession Regulation (Regulation (EU) No 650/2012) governs cross-border successions in most EU Member States and establishes uniform rules on jurisdiction, applicable law, and recognition of decisions. It does not abolish national rules on acceptance or renunciation of estates but harmonises their effects across borders.

Under Article 123 of the Regulation, Member States may apply their national rules on the 'benefit of inventory' — a legal mechanism allowing heirs to accept an estate conditionally, limiting their liability for debts to the value of inherited assets.

However, the Regulation itself does not create a right to partial acceptance: Article 123(1) states that 'the benefit of inventory shall be governed by the law applicable to the succession', meaning whether and how it applies depends entirely on the national law designated by the Regulation (usually the deceased’s habitual residence).

If the applicable national law does not provide for benefit of inventory — or if the heir fails to comply with its formal requirements (e.g., filing an inventory within strict deadlines) — the heir becomes personally and unlimitedly liable for all estate debts, even those exceeding asset value.

Statutory Text

The benefit of inventory shall be governed by the law applicable to the succession.

— Regulation (EU) No 650/2012, Art. 123(1) — Benefit of inventory

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