French Civil Code

Within two months of the summons, the heir must take sides or request an extension of time from the judge where he has not been able to complete the inventory begun or where he justifies other serious and legitimate reasons. This period is suspended from the date of the request for an extension until the decision of the judge hearing the case. If the heir has not taken a position…

In the absence of a summons, the heir retains the option to opt, if he has not otherwise acted as an heir and if he is not held to be an accepting heir pure and simple pursuant to articles 778, 790 or 800.

The provisions of articles 771, 772 and 773 apply to the next-ranking heir called to succeed where the first-ranking heir renounces the succession or is unworthy to succeed. The four-month period provided for in article 771 runs from the day on which the subsequent heir becomes aware of the renunciation or unworthiness.

The provisions referred to in article 774 also apply to the heirs of a person who dies without having opted. The four-month period runs from the opening of the latter’s estate. The heirs of a person who dies without having opted in exercise the option separately, each for his or her share.

The option exercised has retroactive effect to the day on which the estate is opened.

Error, fraud or violence is a cause of nullity of the option exercised by the heir. The action for nullity is barred after five years from the day on which the error or fraud was discovered or the day on which the violence ceased.

Without prejudice to damages, an heir who has concealed property or rights from an estate or concealed the existence of a co-heir is deemed to accept the estate purely and simply, notwithstanding any renunciation or acceptance up to the amount of the net assets, without being able to claim any share in the property or rights misappropriated or concealed. The rights accruing to the concealed heir and which have or…

The personal creditors of a person who refrains from accepting a succession or who renounces a succession to the prejudice of their rights may be authorised in court to accept the succession in their debtor’s stead, in his place and stead. Acceptance takes place only in favour of these creditors and up to the amount of their claims. It produces no other effect with regard to the heir.

The option is time-barred after ten years from the opening of the succession. An heir who has not taken sides within this period is deemed to have renounced. Time-barring only runs against an heir who has left the surviving spouse in possession of the hereditary property from the opening of the latter’s succession. The limitation period does not run against the subsequent heir of an heir whose acceptance is annulled…

When the limitation period referred to in Article 780 has expired, the person claiming to be an heir must prove that he or the person or persons from whom he derives that status accepted the succession before the expiry of that period.