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.
The curator’s powers are exercised subject to the provisions applicable to the estate of a person who is the subject of safeguard, reorganisation or judicial liquidation proceedings.
The curator reports to the judge on the transactions carried out by him. The filing of the account shall be publicised. The curator shall present the account to any creditor or heir who so requests.
After receiving the account, the judge authorises the curator to proceed with the realisation of the remaining assets. The proposed realisation is notified to the known heirs. If they are still within the time limit to accept, they may object within three months by claiming the estate. Completion may not take place until this period has expired, in accordance with the forms prescribed in the first paragraph of Article 810-3.
Creditors who declare their claim after the account has been delivered may only claim against the remaining assets. In the event of insufficiency of these assets, they have recourse only against the legatees who have been fulfilled of their rights. This recourse is time-barred after two years from the realisation of all the remaining assets.
The net proceeds from the realisation of the remaining assets are consigned. The heirs, if any are presented within the period for claiming the estate, shall be entitled to exercise their right to such proceeds.
Administration, management and sales fees give rise to the privilege of 1° of articles 2331 et 2377.
Curatorship ends: 1° By the allocation of all assets to the payment of debts and legacies; 2° By the realisation of all assets and the consignment of the net proceeds; 3° By the restitution of the estate to the heirs whose rights are recognised; 4° By the State being sent into possession.
Where the State claims the estate of a person who dies without an heir or an abandoned estate, it must apply to the court for the estate to be sent into possession.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
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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