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.
Pure and simple acceptance may be express or tacit. It is express when the successor takes the title or capacity of accepting heir in a notarial or private deed. It is tacit when the successor seised performs an act which necessarily implies his intention to accept and which he would only be entitled to do as an accepting heir.
Any assignment, whether free of charge or for consideration, made by an heir of all or part of his rights in the succession entails pure and simple acceptance. The same applies to: 1° A renunciation, even gratuitous, made by an heir in favour of one or more of his co-heirs or heirs of subsequent rank; 2° A renunciation made by him, even in favour of all his co-heirs or heirs…
Acts that are purely conservatory or supervisory and acts of provisional administration may be performed without entailing acceptance of the succession, if the successor has not taken the title or capacity of heir. Any other act required by the interest of the succession and that the successor wishes to perform without taking the title or capacity of heir must be authorised by the judge. The following are deemed to be…
A universal heir or heir by universal title who purely and simply accepts the succession is indefinitely liable for the debts and charges that depend on it. He is only liable for legacies of sums of money up to the amount of the succession’s assets net of debts.
An heir who accepts purely and simply may no longer renounce the succession or accept it up to the amount of the net assets. However, he may apply to be discharged in whole or in part from his obligation to a succession debt of which he had legitimate grounds for being unaware at the time of acceptance, where payment of that debt would have the effect of seriously impairing his…
An heir may declare that he intends to assume this capacity only up to the amount of the net assets.
The declaration must be made at the clerk’s office of the court in whose jurisdiction the succession is opened or before a notary. It includes the election of a single domicile, which may be the domicile of one of the acceptors up to the net assets, or that of the person responsible for settling the estate. The domicile must be in France. The declaration is registered and advertised nationally, which…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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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
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