Article 810-1 of the French Civil Code
During the six months following the opening of the succession, the curator may only carry out purely conservatory or supervisory acts, acts of provisional administration and the sale of perishable property.
During the six months following the opening of the succession, the curator may only carry out purely conservatory or supervisory acts, acts of provisional administration and the sale of perishable property.
At the end of the period mentioned in article 810-1, the curator carries out all conservatory and administrative acts. He carries out or arranges for the sale of assets until the liabilities have been cleared. He may dispose of the immovables only if the foreseeable proceeds from the sale of the movables appear insufficient. He shall proceed with the sale, or have the sale proceeded with, of assets that are…
The sale takes place either by a judicial auctioneer, bailiff or notary in accordance with the laws and regulations applicable to these professions, or by the court, or in the forms provided for by the General Code of the Property of Public Persons for the disposal, for valuable consideration, of the real estate or movable property belonging to the State. It gives rise to publicity. When an amicable sale is…
The curator alone is authorised to pay the creditors of the succession. He is only obliged to pay the debts of the estate up to the amount of the assets. He may only pay, without waiting for the proposed settlement of the liabilities, the expenses necessary for the conservation of the estate, funeral and final illness expenses, taxes owed by the deceased, rents and other estate debts that need to…
The receiver draws up a draft settlement of liabilities. The draft provides for the payment of claims in the order set out in Article 796. The draft settlement is published. Creditors who are not paid in full may, within one month of publication, apply to the judge to contest the draft settlement.
The curator’s powers are exercised subject to the provisions applicable to the estate of a person who is the subject of safeguard, reorganisation or judicial liquidation proceedings.
The curator reports to the judge on the transactions carried out by him. The filing of the account shall be publicised. The curator shall present the account to any creditor or heir who so requests.
After receiving the account, the judge authorises the curator to proceed with the realisation of the remaining assets. The proposed realisation is notified to the known heirs. If they are still within the time limit to accept, they may object within three months by claiming the estate. Completion may not take place until this period has expired, in accordance with the forms prescribed in the first paragraph of Article 810-3.
Creditors who declare their claim after the account has been delivered may only claim against the remaining assets. In the event of insufficiency of these assets, they have recourse only against the legatees who have been fulfilled of their rights. This recourse is time-barred after two years from the realisation of all the remaining assets.
The net proceeds from the realisation of the remaining assets are consigned. The heirs, if any are presented within the period for claiming the estate, shall be entitled to exercise their right to such proceeds.
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.