Renunciation of an inheritance cannot be presumed. To be enforceable against third parties, renunciation made by the universal heir or heir by universal title must be addressed to or filed with the court within whose jurisdiction the succession opened or made before a notary. Within one month of the renunciation, the notary who received it shall send a copy to the court within whose jurisdiction the succession opened.
An heir who renounces is deemed never to have been an heir. Subject to the provisions of article 845, the renouncer’s share devolves to his representatives; failing this, it increases to his co-heirs; if he is alone, it devolves to the subsequent degree.
The renouncing party is not liable for the payment of the debts and charges of the succession. However, he is liable in proportion to his means for the payment of the funeral expenses of the ascendant or descendant to whose succession he renounces.
As long as prescription of the right to accept has not been acquired against him, the heir may revoke his renunciation by accepting the succession purely and simply, if it has not already been accepted by another heir or if the State has not already been sent into possession. Such acceptance is retroactive to the day on which the succession was opened, without, however, calling into question any rights that…
Expenses legitimately incurred by the heir prior to his renunciation shall be borne by the estate.
The succession is vacant: 1° When no one appears to claim the succession and there is no known heir; 2° When all the known heirs have renounced the succession; 3° When, after the expiry of a period of six months since the opening of the succession, the known heirs have not opted, tacitly or expressly.
The judge, on application by any creditor, any person who was administering all or part of the deceased person’s assets on his behalf, a notary, any other interested person or the public prosecutor, entrusts the curatorship of the vacant estate, the regime of which is defined in this section, to the administrative authority in charge of the estate. The curatorship order is publicised.
As soon as he is appointed, the curator has an estimated inventory drawn up, item by item, of the assets and liabilities of the estate by a judicial auctioneer, bailiff or notary, according to the laws and regulations applicable to these professions, or by a sworn official belonging to the administration in charge of the estate. Notice to the court, by the curator, of the drawing up of the inventory…
The declaration of claims is made to the curator.
As soon as he is appointed, the curator takes possession of the securities and other property held by third parties and pursues the recovery of sums due to the estate. He may continue to operate the sole proprietorship dependent on the estate, whether it is commercial, industrial, agricultural or craft. After deducting administration, management and sales expenses, he records the sums making up the assets of the estate as well…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
