Legal Definitions - gestio pro haerede

Gestio pro haerede refers to actions taken by an individual who has been designated as an heir, which clearly demonstrate their intention to accept the inheritance and, consequently, assume responsibility for any debts or obligations associated with the deceased person's estate.

Essentially, it means behaving in a way that indicates you are treating the deceased's property as your own, thereby signaling your acceptance of both the assets and the liabilities of the estate.

Here are some examples to illustrate this concept:

• Example 1: Managing a Deceased's Business

  After her father's passing, Sarah, who was named as the sole heir, immediately took over the management of his small artisanal bakery. She began ordering supplies, paying employee wages from the bakery's accounts, and even signed a new lease agreement for the premises in the bakery's name. By actively running the business and making significant operational decisions, Sarah demonstrated gestio pro haerede, indicating her acceptance of the entire estate, including any business debts.

• Example 2: Taking Possession and Making Improvements to Property

  When his uncle passed away, leaving him a vacation cabin, Mark moved into the cabin, began paying the property taxes and utility bills from his uncle's estate funds, and hired contractors to undertake a major renovation project, including adding a new deck and repainting the entire exterior. Mark's actions of taking full possession, using estate funds for maintenance, and making substantial improvements clearly show he was acting as the owner and heir, thereby accepting the inheritance and any associated financial responsibilities.

• Example 3: Disposing of Estate Assets for Personal Benefit

  Following his grandmother's death, David, the named heir, discovered a collection of valuable antique jewelry. Before the estate was formally settled, he took several pieces of jewelry to a pawnbroker and used the cash he received for a personal vacation. This act of converting estate assets for his own personal use, rather than preserving them for the estate, would be considered gestio pro haerede, as it signifies his intent to treat the property as his own and accept the full inheritance, including any outstanding debts.