As long as prescription of the right to accept has not been acquired against him, the heir may revoke his renunciation by accepting the succession purely and simply, if it has not already been accepted by another heir or if the State has not already been sent into possession. Such acceptance is retroactive to the day on which the succession was opened, without, however, calling into question any rights that…
Expenses legitimately incurred by the heir prior to his renunciation shall be borne by the estate.
The succession is vacant: 1° When no one appears to claim the succession and there is no known heir; 2° When all the known heirs have renounced the succession; 3° When, after the expiry of a period of six months since the opening of the succession, the known heirs have not opted, tacitly or expressly.
The judge, on application by any creditor, any person who was administering all or part of the deceased person’s assets on his behalf, a notary, any other interested person or the public prosecutor, entrusts the curatorship of the vacant estate, the regime of which is defined in this section, to the administrative authority in charge of the estate. The curatorship order is publicised.
As soon as he is appointed, the curator has an estimated inventory drawn up, item by item, of the assets and liabilities of the estate by a judicial auctioneer, bailiff or notary, according to the laws and regulations applicable to these professions, or by a sworn official belonging to the administration in charge of the estate. Notice to the court, by the curator, of the drawing up of the inventory…
The declaration of claims is made to the curator.
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…
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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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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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