(1) If the heir has obtained knowledge of the insolvency or over-indebtedness of the estate, then they are to apply, without undue delay, to have estate insolvency proceedings opened. If they infringe this duty, they are liable to the creditors for the damage resulting from this. In assessing the adequacy of the estate, the liabilities in the form of legacies and testamentary burdens are not taken into account.
(2) Ignorance arising from negligence is equivalent to knowledge of insolvency or over-indebtedness. It is deemed in particular to be negligence if the heir does not apply for a judicial call to be effected for the creditors of the estate although the heir has reason to assume that there are unknown obligations of the estate; a judicial call is not necessary if the costs of the proceedings are disproportionately high in relation to the amount of the estate.