(1) An inheritor may refuse performance to obligees in inheritance, and to testamentary donees, until the expiration of the periods mentioned in Articles 1045 and 1046.
(2) The inheritor shall, upon the expiration of the period mentioned in paragraph (1), effect performance, out of the inherited property, to obligees in inheritance and testamentary donees who applied for the separation of property or who have notified within such period, and to obligees in inheritance and testamentary donees known to the inheritor, in proportion to their amount of obligations or testamentary gifts; provided, the rights of obligees who have priority may not be prejudiced thereby.
(3) The provisions of Articles 1035 through 1038 shall apply mutatis mutandis to the cases mentioned in paragraph (2).