Sub-section I: Guardianship and succession matters.

The guardianship court takes jurisdiction ex officio to organise guardianship in the cases provided for by law, as well as to take any protective measures in matters of legal administration, inheritance and guardianship of those not present. The territorial jurisdiction of the guardianship judge is determined by Articles 393 and 394 of the Civil Code.

Civil registrars are required to notify the tribunal d’instance: – of the death of any person leaving one or more minor children; – of the death of a person leaving among their heirs, protected adults or absent persons. .

The communal council for orphans is required to inform the guardianship judge of cases where a guardian or curator is to be appointed.

When a court decision allocates a sum of money or other property benefits to a minor under guardianship or legal administration, a copy of this decision must, ex officio, be sent to the competent guardianship judge.

The provisions of the Code of Civil Procedure relating to protective measures taken after the opening of an estate are applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle, in conjunction with the provisions set out in Articles 15 to 17 of this Annex.

The judicial court may also appoint a notary to affix and remove seals; it may instruct him to make an inventory. The interested heirs must be called to these operations if no delay results. Where these measures have been taken in the absence of an interested party, the judicial court must notify him as soon as possible.

Where there is an urgent need to safeguard the estate, the mayor is required to provisionally affix the seals, subject to reporting without delay to the judicial court.

The court with territorial jurisdiction in matters of guardianship of non-parents or to take conservatory measures after the opening of an estate is that of the place where the need for intervention arises.

Only the following decisions are open to immediate appeal: – rejecting a request to be relieved of the duties of guardian, subrogated guardian or curator; – relieving a guardian, subrogated guardian or curator of his duties against his will; – dismissing a person entitled by law to be guardian or subrogated guardian.

The decision invalidating an heir certificate is not subject to appeal. It must be brought to the attention of the public by insertion in a newspaper authorised to receive legal notices. It comes into force one month after it is published in the newspaper. The invalidation decision may be pre-noted in the land register and entered in the commercial register at the request of a notary. These entries are cancelled…