The court rules on the points of disagreement. It homologates the liquidation statement or refers the parties to the notary to draw up the deed recording the division. In the event of homologation, it orders, if necessary, the drawing of lots by the same decision, either before the assigned judge or before the assigned notary.
When the drawing of lots has been ordered, if an heir fails to appear, the judge assigned shall have the powers granted to the president of the judicial court in the second paragraph of Article 1363.
The court shall order, under the conditions it shall determine, the sale by auction of property that cannot be easily shared or allocated. The sale is made, for immovables, according to the rules provided for in articles 1271 to 1281 and, for movables, in the forms provided for in articles R. 221-33 to R. 221-38 and R. 221-39 du code des procédures civiles d’exécution.
If all the undivided co-owners are capable and present or represented, they may unanimously decide that the auction will take place between them. Failing this, third parties to the undivided interest are always admitted.
Within fifteen days of the drawing up of the record of the opening and status of the will referred to in article 1007 of the Civil Code, the notary shall arrange for the insertion of a notice, which shall include the name of the deceased, the name and contact details of the notary in charge of the estate, as well as the existence of a universal legacy, in the Bulletin…
The opposition mentioned in the third paragraph of article 1007 of the Civil Code is lodged with the notary in charge of the succession. The universal legatee is then sent into possession by an order of the president placed at the bottom of the petition to which the opposition deed is attached.
Claims made pursuant to articles 784,790,809-1,810-8,812-1-1,813,813-4,814-1,837,841-1and 1031 of the Civil Code shall be brought before the president of the judicial court, who shall rule in the manner provided for in Articles 493 à 498 et 846 du présent code. The same applies to claims made pursuant to Article 829 of the Civil Code in the context of an amicable division.
Claims under articles 772, 794, 810-5, 812-3, 813-1, 813-7, 813-9 and the second paragraph of article 814, articles 815-6, 815-7, 815-9 and 815-11 of the Civil Code shall be brought before the president of the judicial court, who shall rule in accordance with the accelerated procedure on the merits.
Claims made pursuant to Articles 811, 820, 821, 821-1, 824, 832-1, 832-2, 832-3, 887, 1026 of the same code shall be brought before the judicial court, subject to the jurisdiction vested in the family court by 1° of article L. 213-3 of the Code of Judicial Organisation.
The European Certificate of Succession provided for in Chapter VI of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and the acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession shall be issued at the request of any heir, legatee, executor or administrator…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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