Chapter V: Vacant and escheated estates

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…

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.