|Title I: Successions
Chapter I: The opening of successions, the universal title and
Successions open with death, at the last domicile of the deceased.
The inheritances devolve according to the law when the deceased has not disposed of his property by
They can be devolved by the gifts of the deceased to the extent compatible with the reserve.
Agreements whose purpose is to create rights or to waive rights over all or part
of a succession not yet opened or of a dependent property only have effect in the cases
where they are permitted by law.
The heirs designated by law are automatically seized of the property, rights and actions of the deceased.
The legatees and universal donees are entered under the conditions provided for in Title II of this
If they do not, the succession is acquired by the State, which must be sent for possession.
The provisions of this title, in particular those concerning the option, joint ownership and sharing,
apply as of reason to legatees and universal donees or to universal title, when
it is not derogated from there by any particular rule.
Chapter II: Qualifications required to succeed – Proof of
quality of heir.
Section 1: Qualities required to succeed.
To succeed, one must exist at the time of the opening of the succession or, having already been conceived,
be born viable.
The person whose absence is presumed under section 112 may succeed.
When two people, one of whom was intended to succeed the other, perish in the same
event, the order of deaths is established by any means.
If this order cannot be determined, the succession of each of them devolves without the other.
However, if one of the co-deceased leaves descendants, these can represent their author in
the succession of the other when the representation is admitted.
The following are unworthy of succeeding and, as such, excluded from the succession:
1 ° Whoever is condemned, as author or accomplice, to a criminal penalty for having
willfully given or attempted to kill the deceased;
2 ° Whoever is condemned, as author or accomplice, to a criminal penalty for having
willfully beaten or committed violence or assault resulting in the death of the
deceased without intention of giving it.
The following may be declared unworthy of succeeding:
1 ° Whoever is condemned, as author or accomplice, to a correctional sentence for having
willfully given or attempted to kill the deceased;
2 ° Whoever is condemned, as author or accomplice, to a correctional sentence for having
willfully committed violence resulting in the death of the deceased without intention of giving it;
3 ° The one who is convicted for false testimony brought against the deceased in a procedure
4 ° He who is condemned for having voluntarily refrained from preventing either a crime or an offense
against the bodily integrity of the deceased from which death resulted, when he could do so without
risk for him or for third parties;
5 ° He who is condemned for slanderous denunciation against the deceased when, for the facts
denounced, a criminal penalty was incurred;
Can also be declared unworthy of succeeding those who committed the acts mentioned
in 1 ° and 2 ° and in respect of which, due to their death, public action could not be taken
or has died out.
The declaration of unworthiness provided for in article 727 is pronounced after the opening of the succession by
the tribunal de grande instance at the request of another heir. The request must be made within
six months from the death if the conviction or conviction decision is earlier than
death, or within six months of this decision if it is subsequent to the death.
In the absence of an heir, the request can be made by the public prosecutor.
The successor suffering from a cause of unworthiness provided for in Articles 726 is not excluded from the succession.
and 727, when the deceased, subsequent to the facts and to his knowledge of them, specified, by
an express declaration of will in testamentary form, which he intends to maintain in his
hereditary rights or made him a universal or universal liberality.
The heir excluded from the succession for unworthiness is bound to return all the fruits and
income which he has enjoyed since the opening of the succession.
Children of the unworthy are not excluded by the fault of their author, either they come to the
succession of their leader, or whether they come there by the effect of the representation; but the unworthy cannot,
in any case, claim, on the property of this succession, the enjoyment that the law grants to the father and
mother over their children’s property.
Section 2: Proof of the quality of heir.
The proof of the quality of heir is established by any means.
There is no derogation from the provisions or customs concerning the issuance of certificates of ownership.
or inheritance by judicial or administrative authorities.
The proof of the quality of heir may result from an act of notoriety drawn up by a notary, at the
request from one or more beneficiaries.
The deed of notoriety must cover the death certificate of the person whose inheritance is open and make
mention of the supporting documents that may have been produced, such as civil status documents and,
possibly, the documents concerning the existence of gifts on account of death that may
have an impact on the devolution of the estate.
It contains the affirmation, signed by the author (s) who made the request, that they are intended,
alone or with others they designate, to collect all or part of the deceased’s estate.
Anyone whose words seem useful can be called to act.
Mention is made of the existence of the act of notoriety alongside the death certificate.
The statement contained in the act of notoriety does not, by itself, imply acceptance of the
The act of notoriety thus established is authentic until proven otherwise.
Whoever invokes it is presumed to have hereditary rights in the proportion found therein.
The heirs designated in the deed of notoriety or their common representative are deemed, with regard to
third party holders of property of the succession, have free disposal of this property and, in the case of
funds, their free disposal in the proportion indicated in the deed.
Whoever, knowingly and in bad faith, avails himself of an act of inaccurate notoriety, incurs the
concealment penalties provided for in article 778, without prejudice to damages.
Chapter III: Heirs.
The inheritance devolves by law to the successor parents and spouse of the deceased in the
conditions defined below.
The surviving spouse is not divorced.
Section 1: Parents’ rights in the absence of a successible spouse.
The law does not distinguish according to the methods of establishing filiation to determine the parents
called to succeed.
The rights resulting from adoptive filiation are regulated under the adoption.
Paragraph 1: Orders of heirs.
In the absence of a successible spouse, the parents are called upon to succeed as follows:
1 ° Children and their descendants;
2 ° The father and mother; the brothers and sisters and the descendants of the latter;
3 ° Ascendants other than the father and mother;
4 ° Collateral other than the brothers and sisters and the descendants of the latter.
Each of these four categories constitutes an order of heirs which excludes the following ones.
Children or their descendants succeed their father and mother or other ascendants, without
distinction of sex, nor of primogeniture, even if they come from different unions.
When the deceased leaves neither posterity, nor brother, nor sister, nor descendants of the latter, his father and
mother succeed him, each for half.
When the father and mother are deceased before the deceased and the latter leaves no posterity, the
brothers and sisters of the deceased or their descendants succeed him, to the exclusion of the other parents,
ascendants or collaterals.
When the father and mother survive the deceased and the latter has no offspring, but brothers and
sisters or descendants of the latter, the succession devolves, for a quarter, to each of the
father and mother and, for the remaining half, to siblings or their descendants.
When only one of the father and mother survives, the succession devolves for a quarter to him and for
three quarters to brothers and sisters or their descendants.
When only the father or mother survives and the deceased has no descendants, brothers, sisters or descendants
of these, but leaves one or more ascendants of the other branch than that of his father or his
surviving mother, the succession devolves half to the father or the mother and half to the
ascendants of the other branch.
When the father and mother or one of them survive the deceased and the latter has no offspring, they
can in any case exercise a right of return, up to the quotas fixed in the first
paragraph of article 738, on the goods that the deceased had received from them by donation.
The value of the portion of the goods subject to the right of return is deducted in priority from the rights
estates of the father and mother.
When the right of return cannot be exercised in kind, it is executed in value, within the limit of the asset
In the absence of an heir to the first two orders, the succession devolves to ascendants other than the
father and mother.
In the absence of an heir to the first three orders, the succession devolves to the collateral parents of the
deceased other than siblings and descendants of the latter.
Paragraph 2: Degrees.
The proximity of kinship is established by the number of generations; each generation is called a
The series of degrees forms the line; we call a direct line the series of degrees between people who
descend from each other; collateral line, the series of degrees between people who do not descend
not from each other, but descended from a common author.
A distinction is made between the direct descending line and the direct ascending line.
In a direct line, there are as many degrees as there are generations between people: thus,
the child is, with regard to the father and the mother, in the first degree, the grandson or the granddaughter in the second
; and reciprocally of the father and the mother with regard to the child and the ancestors with regard to the grandson or
of the granddaughter; and so on.
In collateral line, the degrees are counted by generation, from one of the parents up to and not
including the common author, and from this to the other parent.
Thus, the brothers and sisters are in the second degree; uncle or aunt and nephew or niece are at
third degree; first cousins and first cousins in the fourth; and so on.
In each order, the closest heir excludes the most distant heir in degree.
With equality of degree, the heirs succeed by equal portion and by head.
All except what will be said below about the division by branches and the representation.
Collateral parents do not succeed beyond the sixth degree.
Paragraph 3: Of the division by branches, paternal and maternal.
Kinship is divided into two branches, depending on whether it proceeds from the father or the mother.
When the succession devolves to ascendants, it is divided by half between those of the
paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of any other, the ascendant which is found at the most
Ascendants to the same degree succeed by head.
In the absence of an ascendant in one branch, the ascendants of the other branch collect all the
When the succession devolves to collateral other than the brothers and sisters or their
descendants, it is divided by half between those of the paternal branch and those of the
In each branch succeeds, to the exclusion of any other, the collateral which is found at the most
Collaterals to the same degree succeed per capita.
In the absence of collateral in one branch, the collateral of the other branch collects all the
Paragraph 4: Representation.
Representation is a legal fiction which has the effect of calling representatives to inherit
to the rights of the principal.
The performance takes place ad infinitum in the direct descending line.
It is accepted in all cases, either that the children of the deceased compete with the descendants
of a predeceased child, or that all the children of the deceased having died before him, the descendants
said children are found among themselves in equal or unequal degrees.
Representation does not take place in favor of ascendants; closest, in each of the two
lines, always excludes the furthest.
In collateral line, representation is allowed in favor of children and descendants of brothers or
sisters of the deceased, either they come to his estate concurrently with uncles or aunts, or
that all the brothers and sisters of the deceased being predeceased, the succession is devolved to their
descendants in equal or unequal degrees.
In all cases where representation is allowed, the sharing takes place by strain, as if the
represented came to the estate; if necessary, it is carried out by subdivision of the stump. Inside
of a strain or a subdivision of a strain, the division is made per head.
We represent the predeceased, we only represent the renouncers in the successions devolved in
direct or collateral line.
The children of the renouncer conceived before the opening of the succession from which the renouncer has been excluded
return to the latter’s estate the goods which they have inherited in his stead, if they
come into competition with other children conceived after the opening of the succession. The report is
done in accordance with the provisions set out in section 2 of chapter VIII of this title.
Unless the arranging party wishes otherwise, in the event of representation of a waiver, donations made to
the latter are charged, where applicable, to the reserve share that should have accrued to him if he had not
We can represent the one to whose succession we have renounced.
Representation is allowed in favor of children and descendants of the unworthy, although the latter
or alive when the succession opens.
The provisions of the second paragraph of article 754 are applicable to children of
the unworthy of his lifetime.
Section 2: Rights of the successor spouse.
Paragraph 1: The nature of the rights, their amount and their
The successible spouse is called upon to inherit, either alone or in conjunction with the parents of the
If the predeceased spouse leaves children or descendants, the surviving spouse collects, at his option,
the usufruct of all the existing assets or the ownership of a quarter of the assets when all the children
are from both spouses and the property of the quarter in the presence of one or more children who are not
not from both spouses.
If, in the absence of children or descendants, the deceased leaves his father and mother, the surviving spouse
collects half of the goods. The other half is allocated for a quarter to the father and for a quarter to the
When the father or mother is predeceased, the share that would have accrued to him goes to the surviving spouse.
In the absence of children or descendants of the deceased and his father and mother, the surviving spouse
collects the entire estate.
By way of derogation from article 757-2, in the event of the predecease of the father and mother, the property that the deceased had
received from his ascendants by inheritance or donation and which are found in kind in the inheritance
are, in the absence of descendants, half vested in the brothers and sisters of the deceased or their
descendants, themselves descendants of the predeceased parent (s) at the origin of the transmission.
When the surviving spouse collects all or three quarters of the property, the ascendants of the
deceased, other than the father and mother, who are in need have a maintenance claim
against the succession of the predeceased.
The time limit for claiming it is one year from the death or the time from which the heirs
cease to pay the services they previously provided to ascendants. The delay is
extends, in the event of joint ownership, until the end of the partition.
The pension is deducted from the estate. It is borne by all the heirs and, in case
of insufficiency, by all the legatees by particular title, in proportion to their emolument.
However, if the deceased has expressly declared that such bequest will be paid in preference to others, he
Article 927 will be applied.
When the spouse has the choice of ownership or usufruct, his rights are not transferable until he has
not exercised his option.
The option of the spouse between the usufruct and the property is proven by any means.
Any heir can invite the spouse in writing to exercise his option. For lack of taking sides in writing
within three months, the spouse is deemed to have opted for the usufruct.
The spouse is deemed to have opted for the usufruct if he dies without taking sides.
The calculation of the right to full ownership of the spouse provided for in articles 757 and 757-1 will be carried out on a
mass made up of all the assets existing on the death of her husband to which will be fictitiously reunited those
which he would have disposed of, either by deed inter vivos or by testamentary deed, for the benefit of successors,
without exemption from report.
The spouse will only be able to exercise their right over property that the predeceased person has not had or by deed
inter vivos, nor by testamentary deed, and without prejudicing the rights of reserve or the rights of return.
The gifts received from the deceased by the surviving spouse are deducted from the rights of the latter in the
succession. When the gifts thus received are lower than the rights defined in Articles 757 and
757-1, the surviving spouse can claim the supplement, without ever receiving a portion of the
property greater than the portion defined in article 1094-1.
Paragraph 2: Conversion of the usufruct
Any usufruct belonging to the spouse on the property of the predeceased person, whether it results from the law, from a
will or donation of future property, gives rise to a possibility of conversion into an annuity
life, at the request of one of the bare owner heirs or of the successor spouse himself.
The option of conversion cannot be waived. Coheirs cannot be
deprived by the will of the predeceased.
In the absence of agreement between the parties, the conversion request is submitted to the judge. She may be
introduced until final sharing.
If he grants the conversion request, the judge determines the amount of the annuity, the securities that
must provide the debtor joint heirs, as well as the specific type of indexation to maintain
the initial equivalence of the annuity to the usufruct.
However, the judge may not order against the will of the spouse the conversion of the usufruct bearing
on the accommodation it occupies as a main residence, as well as on the furniture furnishing it.
By agreement between the heirs and the spouse, the usufruct of the
joint in a capital.
The conversion of the usufruct is included in the sharing transactions. It has no effect
retroactive, unless otherwise agreed by the parties.
Paragraph 3: The right to temporary housing and the life right to
If, at the time of death, the successor spouse actually occupies, as principal residence,
housing belonging to the spouses or totally dependent on the inheritance, it has full rights,
for one year, the free use of this accommodation, as well as the furniture, included in the
succession, which garnishes it.
If his home was insured by means of a rental agreement or a unit belonging in part to
undivided to the deceased, the rents or the occupancy allowance will be reimbursed to him by the succession
during the year, as and when they are acquitted.
The rights provided for in this article are deemed to be direct effects of marriage and not rights.
This article is of public order.
Unless the deceased wishes otherwise expressed in the conditions of article 971, the spouse
successor who actually occupied, at the time of death, as principal residence, a
accommodation belonging to the spouses or totally dependent on the estate, a on this accommodation,
until his death, a right of habitation and a right of use on the furniture, included in the
succession, garnishing it.
The deprivation of these rights of habitation and use expressed by the deceased under the conditions
mentioned in the first paragraph has no impact on the usufruct rights that the spouse collects in
by virtue of the law or of a donation, which continue to obey their own rules.
These housing and use rights are exercised under the conditions provided for in articles 627, 631, 634 and
The spouse, the other heirs or one of them may require that an inventory be drawn up
furniture and a condition of the building subject to use and housing rights.
By way of derogation from articles 631 and 634, when the situation of the spouse means that the housing encumbered with
right of residence is no longer adapted to his needs, the spouse or his representative can rent it to
use other than commercial or agricultural in order to free up the resources necessary for new
The value of housing and use rights is deducted from the value of inheritance rights collected
by the spouse.
If the value of the rights of residence and use is lower than that of his inheritance rights, the
spouse can take the supplement on existing assets.
If the value of the rights of residence and use is greater than that of his inheritance rights, the
spouse is not required to reward the estate for the excess.
The spouse has one year from the date of death to express his wish to benefit from these rights.
of habitation and use.
When the accommodation was subject to a rental lease, the successor spouse who, at the time of death,
actually occupied the premises as a main dwelling benefits from the right of use on the
furniture, included in the estate, furnishing it.
The successor spouse and the heirs may, by agreement, convert the rights of residence and
of use in a life annuity or in capital.
If a minor or a protected adult is among the successors parties to the agreement, the agreement
must be authorized by the guardianship judge.
Paragraph 4: Right to pension
The estate of the predeceased spouse owes a pension to the successor spouse who is in need.
The time limit for claiming it is one year from the death or the time when the heirs cease
to pay the benefits they previously provided to the spouse. The time limit is extended, in the event of
of joint possession, until the end of the partition.
Alimony is deducted from the estate. It is borne by all the heirs and, in
case of insufficiency, by all the legatees by particular title, in proportion to their emolument.
However, if the deceased has expressly declared that such bequest will be paid in preference to others, he
Article 927 will be applied.
Chapter IV: The heir’s option
Section 1: General provisions.
The heir can accept the inheritance outright or renounce it. It can also
accept the succession up to the amount of the net assets when it has a universal vocation or as a
The conditional or term option is null.
The option is indivisible.
However, a person who has more than one inheritance vocation in the same succession has, for each
from them, a separate right of option.
The option cannot be exercised before the opening of the succession, even by marriage contract.
The heir cannot be forced to opt before the expiration of a period of four months from
the opening of the succession.
At the end of this period, he may be summoned, by extrajudicial act, to take part in the initiative.
of a creditor of the succession, of a co-heir, of a subsequent heir or of the State.
Within two months of the summons, the heir must take sides or request a delay.
additional to the judge when he was unable to complete the inventory started or
when it justifies other serious and legitimate reasons. This period is suspended from the date of the request
extension until the decision of the judge seized.
In the absence of having taken a stand at the expiration of the two-month period or the additional period granted,
the heir is deemed to have accepted outright.
In the absence of a summons, the heir retains the right to opt, if he has not otherwise acted
heir and if he is not held as heir accepting outright in application of articles 778,
790 or 800.
The provisions of articles 771, 772 and 773 apply to the successor heir of rank called to
succeed when the first rank heir renounces the succession or is unworthy of succeeding. The
the four-month period provided for in article 771 runs from the day on which the subsequent heir had
knowledge of renunciation or indignity.
The provisions referred to in article 774 also apply to the heirs of a person who dies without
having opted. The period of four months runs from the opening of the latter’s succession.
The heirs of the one who dies without having opted out exercise the option separately, each for his own part.
The option exercised has a retroactive effect from the day of the opening of the succession.
Error, fraud or violence is a cause of nullity of the option exercised by the heir.
The nullity action is prescribed by five years from the day on which the error or fraud was discovered or
from the day the violence stopped.
Without prejudice to damages, the heir who has concealed property or rights of a
succession or concealed the existence of a co-heir is deemed to accept purely and simply the
succession, notwithstanding any waiver or acceptance up to the amount of the net assets, without power
claim any share in the misappropriated or concealed property or rights. The rights accruing to
the heir concealed and which have or could have increased those of the author of the concealment are
deemed to have been concealed by the latter.
When the concealment relates to a returnable or reducible donation, the heir must report or
reduction of this donation without being able to claim any share in it.
The receiving heir is bound to return all the fruits and income produced by the concealed property of which he has
had enjoyment since the opening of the estate.
The personal creditors of those who refrain from accepting a succession or who renounce a
succession to the prejudice of their rights may be authorized in court to accept the succession of the
head of their debtor, in his stead.
Acceptance takes place only in favor of these creditors and up to the amount of their claims. She
does not produce any other effect with regard to the heir.
The option is prescribed by ten years from the opening of the succession.
The heir who has not taken sides within this period is deemed to have renounced.
Prescription does not run against the heir who has left the surviving spouse in possession of the property.
hereditary only from the opening of the latter’s succession.
Prescription does not run against the subsequent heir of an heir whose acceptance is canceled until
from the final decision noting this nullity.
Prescription does not run as long as the successor has legitimate reasons for ignoring the birth of
his right, in particular the opening of the succession.
When the limitation period mentioned in article 780 has expired, whoever avails himself of his
heir status must justify that he or the person or persons from whom he holds this status have accepted
this succession before the expiration of this period.
Section 2: Pure and simple acceptance of the succession.
Pure and simple acceptance can be express or implied. It is express when the successor
takes the title or the quality of accepting heir in an authentic instrument or under private signature. She is
tacit when the seized successor performs an act which necessarily presupposes his intention to accept and
that he would only have the right to do as an accepting heir.
Any transfer, free of charge or against payment, made by an heir of all or part of his rights in the
succession implies outright acceptance.
It is the same :
1 ° The waiver, even free, made by an heir in favor of one or more of his
joint heirs or heirs of subsequent rank;
2 ° Of the renunciation he makes, even for the benefit of all his co-heirs or heirs of rank
subsequent indiscriminately, against payment.
Purely conservatory or supervisory acts and acts of provisional administration
can be accomplished without implying acceptance of the succession, if the successor has not taken the
title or quality of heir.
Any other act required by the interests of the succession and which the successor wishes to accomplish without
to take the title or the quality of heir must be authorized by the judge.
The following are deemed to be purely conservatory:
1 ° The payment of funeral costs and last illness, taxes owed by the deceased, rents
and other estate debts whose settlement is urgent;
2 ° The recovery of the fruits and income of inheritance property or the sale of perishable property, to
responsible for justifying that the funds were used to settle the debts referred to in 1 ° or were
deposited with a notary or consigned;
3 ° The act intended to avoid the aggravation of the inheritance liabilities.
The current operations necessary for the
short-term continuation of the activity of the company depending on the succession.
Are also deemed to be able to be accomplished without implying tacit acceptance of the succession on
renewal, as lessor or lessee, of leases which, failing this, would give rise to the
payment of compensation, as well as the implementation of administrative or
provision made by the deceased and necessary for the proper functioning of the business.
The universal heir or by universal title who accepts the inheritance purely and simply responds
indefinitely of the debts and charges which depend on it.
Legacies of sums of money are only liable to the extent of the estate assets net of debts.
The heir accepting purely and simply can no longer renounce the succession nor accept it at
competition from net assets.
However, he may ask to be discharged in whole or in part from his obligation to a debt.
inheritance that he had legitimate reasons to ignore at the time of acceptance, when
the payment of this debt would have the effect of seriously undermining his personal patrimony.
The heir must bring the action within five months of the day on which he became aware of the existence and
the importance of the debt.
Section 3: Acceptance of the succession up to the amount of the assets
Paragraph 1: Procedures for accepting the succession to
competition from net assets.
An heir may declare that he intends to assume this quality only up to the amount of the net assets.
The declaration must be made to the registry of the tribunal de grande instance in whose jurisdiction the
succession is open. It involves the election of a single domicile, which may be the domicile of
one of the acceptors up to the amount of the net assets, or that of the person responsible for settling the
succession. The domicile must be located in France.
The declaration is registered and advertised nationally, which can be done through
The declaration is accompanied or followed by the inventory of the succession which includes a
item-by-item estimate of assets and liabilities.
The inventory is established by a judicial auctioneer, a bailiff or a notary, according to the laws
and regulations applicable to these professions.
The inventory is filed with the court within two months of the declaration.
The heir can ask the judge for an additional time if he has serious and legitimate reasons
that delay the filing of inventory. In this case, the two-month period is suspended from the
request for extension.
The filing of the inventory is subject to the same publicity as the declaration.
Failure to deposit the inventory within the prescribed time limit, the heir is deemed to have accepted outright.
Succession creditors and legatees of sums of money may, upon proof of their title,
consult the inventory and obtain a copy. They can ask to be notified of any news
Paragraph 2: Effects of acceptance of the succession to
competition from net assets.
Acceptance up to the amount of net assets gives the heir the advantage:
1 ° To avoid the confusion of his personal property with that of the succession;
2 ° To retain against it all the rights he previously had over the property of the deceased;
3 ° To be liable for the payment of the debts of the succession only up to the value of the
goods he collected.
The creditors of the succession declare their claims by notifying their title to the elected domicile of the
succession. They are paid under the conditions provided for in article 796. Claims for which the amount
is not yet definitively fixed are declared provisionally on the basis of an assessment.
Failure to make a declaration within fifteen months from the publication provided for in article 788,
unsecured claims on the property of the succession are extinguished with regard to the latter.
This provision also benefits sureties and co-obligated, as well as persons having
granted an independent guarantee on the debt thus extinguished.
From its publication and during the period provided for in article 792, the declaration stops or prohibits
any means of execution and any new registration of security on the part of the creditors of the
succession, covering both furniture and buildings.
However, for the application of the provisions of this section and subject to the
service provided for in Article 877, garnishing creditors are considered to be holders of
security interests in previously seized property and rights.
When the succession has been accepted by one or more heirs purely and simply and by a
or several others up to the amount of the net assets, the rules applicable to this last option
apply to all heirs until the day of the partition.
The creditors of a succession accepted by one or more heirs outright and
by others up to the amount of the net assets can cause sharing when they justify
difficulties in the recovery of the part of their debt falling on the heirs accepting to
competition from net assets.
Within the period provided for in article 792, the heir may declare that he is keeping in kind one or more
property of the estate. In this case, he owes the value of the property fixed in the inventory.
He can sell the goods he does not intend to keep. In this case, he owes the price of their alienation.
The declaration of the alienation or conservation of one or more goods is made in the
fifteen days to the court which ensures its publicity.
Without prejudice to the rights reserved to secured creditors, any inheritance creditor may
contest before the judge, within three months after the advertisement mentioned in the first paragraph,
the value of the property retained or, when the sale was made amicably, the price of the alienation in
proving that the value of the property is greater.
When the creditor’s request is granted, the heir is required to supplement his property.
personal, except to return to the estate the preserved property and without prejudice to the action provided for in
The declaration to keep an asset is not enforceable against creditors until it has been
Failure to declare the alienation of property within the time limit provided for in article 794 commits the heir
on his personal property up to the price of the alienation.
The heir settles the liabilities of the succession.
It pays registered creditors according to the rank of the security attached to their claim.
The other creditors who have declared their claim are disinterested in the order of the declarations.
Legacies of sums of money are issued after payment of creditors.
The heir must pay the creditors within two months either of the declaration to keep the
well, that is, the day on which the proceeds of disposition are available.
When it cannot be relinquished to the benefit of the creditors within this period, in particular because of a
dispute concerning the order or nature of the receivables, he records the sums available as
that the dispute remains.
Without prejudice to the rights of secured creditors, the creditors of the succession and the
legatees of sums of money can only pursue recovery on property collected from
the succession which has not been preserved or alienated under the conditions provided for in article 793.
The personal creditors of the heir cannot pursue the recovery of their claims on
this property only at the end of the period provided for in article 792 and after the full
estate creditors and legatees.
Succession creditors who, within the time limit provided for in article 792, declare their claims after
depletion of assets have recourse only against legatees who have been fulfilled with their rights.
The heir is responsible for administering the property he collects in the succession. It takes account of
its administration, the debts it pays and the acts which engage the property collected or which
affect their value.
He is responsible for serious faults in this administration.
He must present the account to any estate creditor who requests it and respond in a
two-month time limit for the summons, served by extrajudicial document, to reveal the whereabouts of the
the goods and rights collected in the succession that he has not alienated or kept under the conditions
provided for in article 794. Failing that, he may be constrained on his personal property.
The heir who has omitted, knowingly and in bad faith, to include in the inventory of the elements
assets or liabilities of the estate or which has not affected the payment of the creditors of the estate
the value of the goods kept or the price of the goods alienated is forfeited from the acceptance up to
net assets. He is deemed to have accepted outright from the opening of the succession.
As long as the prescription of the right to accept has not been acquired against him, the heir may revoke his
acceptance up to the amount of net assets by accepting outright. This acceptance
retroactive to the day of the opening of the succession.
Acceptance up to the amount of net assets prevents any renunciation of the succession.
Despite the forfeiture or revocation of the acceptance up to the amount of the net assets, the creditors
successors and the legatees of sums of money retain the exclusivity of the legal proceedings
property mentioned in the first paragraph of article 798.
The costs of seals, inventory and account are the responsibility of the estate. They are paid in
privileged sharing fees.
Section 4: Renunciation of the succession.
The renunciation of a succession is not presumed.
To be enforceable against third parties, the waiver made by the universal heir or by universal title must
be addressed or filed in the court in which the succession opened.
The heir who renounces is deemed never to have been an heir.
Subject to the provisions of article 845, the share of the renouncer falls to his representatives; at
default, it increases to its coheirs; if he is alone, it is vested in the subsequent degree.
The renouncer is not bound to the payment of the debts and charges of the succession. However, it is required
in proportion to his means to the payment of the funeral expenses of the ascendant or the descendant at the
succession of which he renounces.
As long as the prescription of the right to accept has not been acquired against him, the heir may revoke his
waiver by accepting the inheritance outright, if it has not already been accepted by
another heir or if the state has not already been sent into possession.
This acceptance is retroactive to the day of the opening of the succession, without however calling into question
the rights which may be acquired from third parties on the property of the succession by prescription or by
acts validly made with the curator of the vacant succession.
The costs legitimately incurred by the heir before his renunciation are the responsibility of the succession.
Chapter V: Vacant estates and estranged estates
Section 1: Vacant estates.
Paragraph 1: From the opening of the vacancy.
The estate 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 expiration of a period of six months from the opening of the succession, the heirs
known have not opted, tacitly or expressly.
The judge, seized at the request of any creditor, of any person who insured, on behalf of the
deceased person, the administration of all or part of their patrimony, of any other person
interested party or the public prosecutor, entrusts the curatorship of the vacant succession, the regime of which is
defined in this section, to the administrative authority in charge of the area.
The curatorship order is advertised.
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, a bailiff or a notary, depending on the
laws and regulations applicable to these professions, or by a sworn official belonging to
the administration in charge of the domain.
The notice to the court, by the curator, of the establishment of the inventory is subject to the same publicity
than the curatorship decision.
Creditors and legatees of sums of money may, upon proof of their title, consult
inventory and obtain a copy. They can ask to be notified of any new advertising.
The declaration of claims is made to the curator.
Paragraph 2: Powers of the curator.
Upon appointment, the curator takes possession of the securities and other property held by third parties and
continues to collect amounts owed to the estate.
He can continue the operation of the sole proprietorship depending on the succession, whether
commercial, industrial, agricultural or artisanal.
After deduction of the administration, management and sales costs, he consigns the sums
composing the assets of the succession as well as the income from property and the proceeds of their realization.
In case of continuation of the activity of the company, only the receipts which exceed the
bearing required for its operation are recorded.
The sums arising in any capacity whatsoever from a vacant succession may not, under any circumstances,
be recorded other than through the curator.
During the six months following the opening of the succession, the curator can only proceed with
purely conservatory or supervisory acts, acts of provisional administration and sale
At the end of the period mentioned in article 810-1, the curator exercises all the protective acts
He proceeds or arranges for the sale of the goods until the discharge of the liabilities.
He can only sell the buildings if the foreseeable proceeds from the sale of the furniture appear
insufficient. He proceeds or arranges for the sale of goods whose conservation is difficult or
expensive, even though their realization is not necessary for the discharge of the liabilities.
The sale takes place either by judicial auctioneer, bailiff or notary according to the laws and
regulations applicable to these professions, either by the court or in the forms provided by the
general code of property of public entities for the alienation, for consideration, of the domain
real estate or movable property belonging to the State.
It gives rise to publicity.
When considering an amicable sale, any creditor may require that the sale be made by
adjudication. If the auction takes place for a price lower than the price agreed in the project
out-of-court sale, the creditor who requested the adjudication is bound, with regard to the other creditors,
of the loss they suffered.
The curator alone is authorized to pay the creditors of the succession. He is not bound to pay debts
of the estate only up to the assets.
He can only pay, without waiting for the draft settlement of the liabilities, the costs necessary for the
heritage conservation, funeral costs and last illness, taxes owed by the deceased,
rents and other estate debts whose settlement is urgent.
The curator draws up a draft settlement of the liabilities.
The draft provides for the payment of debts in the order provided for in article 796.
The draft regulation is published. Creditors who are not fully disinterested
may, within the month of the advertisement, seize the judge in order to contest the draft regulation.
The powers of the curator are exercised subject to the provisions applicable to the succession of a
person subject to safeguard, reorganization or liquidation proceedings
Paragraph 3: The rendering of accounts and the end of the curatorship.
The curator reports to the judge on the operations carried out by him. The deposit of the account is subject to
The curator presents the account to any creditor or heir who requests it.
After receipt of the account, the judge authorizes the curator to proceed with the realization of the asset
The known heirs are notified of the project of realization. If they are still within the deadline to accept,
they can oppose it within three months by claiming the succession. The achievement cannot have
take place only at the expiration of this period, in accordance with the forms prescribed in the first paragraph of article 810-3.
Creditors who declare their claim after delivery of the account cannot
claim that the remaining assets. In the event that this asset is insufficient, they have recourse only against the
legatees who have been fulfilled with their rights.
This recourse is prescribed by two years from the realization of all the remaining assets.
The net proceeds from the realization of the remaining asset are recorded. The heirs, if any
the time limit for claiming the inheritance, are allowed to exercise their right to this product.
Administration, management and sales costs give rise to the privilege of 1 ° of articles 2331 and
1 ° By the full allocation of assets to the payment of debts and legacies;
2 ° By realizing the totality of the assets and depositing the net proceeds;
3 ° By restitution of the succession to heirs whose rights are recognized;
4 ° By sending in the possession of the State.
Section 2: Successions in escheat.
When the State claims to the succession of a person who dies without an heir or to an inheritance
abandoned, he must request that it be sent to the court for possession.
If the inventory provided for in article 809-2 has not been established, the administrative authority mentioned in
article 809-1 requires this to be done in the manner provided for by article 809-2.
The escheat of the succession ends in the event of acceptance of the succession by an heir.
When it has not completed the formalities incumbent on it, the State may be condemned to
damages to the heirs, if any.
Chapter VI: Administration of the succession by an agent.
Section 1: Mandate with posthumous effect.
Paragraph 1: Conditions of the mandate with posthumous effect.
Any person can give to one or more other persons, natural or legal, mandate
administer or manage, subject to the powers entrusted to the executor, all or
part of his estate for the account and in the interest of one or more identified heirs.
The attorney can be an heir.
He must enjoy full civil capacity and not be subject to a prohibition to manage when
professional assets are included in the inheritance patrimony.
The agent cannot be the notary responsible for settling the succession.
The mandatary exercises his powers even though there is a protected minor or adult among
The mandate is only valid if it is justified by a serious and legitimate interest with regard to the person
of the heir or inheritance, precisely motivated.
It is given for a period which cannot exceed two years, extendable one or more times per
decision of the judge, seized by an heir or by the agent. However, it can be given for a
duration of five years, extendable under the same conditions, due to incapacity, age of or
heirs, or the need to manage professional property.
It is given and accepted in the authentic form.
It must be accepted by the mandatary before the mandator’s death.
Prior to its execution, the principal and the agent may renounce the mandate after having
notified their decision to the other party.
The acts carried out by the agent within the framework of his mission have no effect on the option
As long as no heir referred to in the mandate has accepted the succession, the mandatary has only the
powers granted to the successor in article 784.
The mandate with posthumous effect is subject to the provisions of Articles 1984 to 2010 which are not
incompatible with the provisions of this section.
Paragraph 2: The remuneration of the agent.
The mandate is free if there is no agreement to the contrary.
If remuneration is provided for, it must be expressly determined in the mandate. She
corresponds to a share of the fruits and income received by the succession and resulting from the management or
the administration of the agent. In the event of insufficiency or absence of fruit and income, it may be
supplemented by capital or take the form of capital.
The remuneration of the agent is a charge of the succession which gives rise to the right to reduction
when it has the effect of depriving the heirs of all or part of their reserve. The heirs referred to by
the mandate or their representatives may seek a review of the remuneration in court
when they justify the excessive nature of the latter with regard to the duration or the burden resulting
of the mandate.
Paragraph 3: From the end of the mandate with posthumous effect.
The mandate ends with one of the following events:
1 ° The arrival of the scheduled term;
2 ° The waiver of the agent;
3 ° Judicial revocation, at the request of an interested heir or his representative, in the event of
absence or disappearance of the serious and legitimate interest or poor performance by the
agent of its mission;
4 ° The conclusion of a conventional mandate between the heirs and the agent holding the mandate to
5 ° The alienation by the heirs of the goods mentioned in the mandate;
6 ° The death or the placing under protective measure of the natural person representative, or the
dissolution of the legal person representative;
7 ° The death of the heir concerned or, in the event of a protective measure, the decision of the guardianship judge
to terminate the mandate.
The same mandate given on behalf of several heirs does not cease entirely for one
cause of extinction which concerns only one of them. Likewise, in the event of multiple representatives, the
end of the mandate intervening with regard to one does not end the mission of the others.
The revocation on the grounds of the disappearance of the serious and legitimate interest does not give rise to the
restitution by the agent of all or part of the sums received for his remuneration, except
if they have been excessive in view of the duration or the burden actually assumed by the
Without prejudice to damages, when the revocation has occurred due to a
poor performance of his mission, the agent may be required to return all or part of the
sums received in respect of his remuneration.
The agent may not renounce continuing the execution of the mandate after having notified his
decision to the interested heirs or their representatives.
Unless otherwise agreed between the agent and the interested heirs or their representatives, the
waiver takes effect at the end of a period of three months from the notification.
Without prejudice to damages, the agent remunerated by capital may be required to
return all or part of the sums collected.
Each year and at the end of the mandate, the attorney reports on his management to the heirs concerned.
or their representatives and informs them of all the acts performed. Failing that, a revocation
judicial can be requested by any interested party.
If the mandate ends following the death of the mandatary, this obligation falls on his heirs.
Section 2: The representative appointed by agreement.
The heirs may, by mutual agreement, entrust the administration of the succession to one of them or
to a third party. The mandate is governed by articles 1984 to 2010.
When at least one heir has accepted the succession up to the amount of the net assets, the agent shall not
can, even with the agreement of all the heirs, be appointed only by the judge. The mandate is
then governed by Articles 813-1 to 814.
Section 3: The legal representative appointed by the courts.
The judge can appoint any qualified person, physical or moral, as agent
estate, for the purpose of provisionally administering the estate due to inertia, lack of
or the fault of one or more heirs in this administration, their disagreement, a
opposition of interests between them or the complexity of the inheritance situation.
The request is made by an heir, a creditor, any person who insured, on behalf of
the deceased person, the administration of all or part of their patrimony during their lifetime, any other
interested person or by the public prosecutor.
The estate agent may only act to the extent compatible with the powers of the person
who has been appointed pursuant to the third paragraph of article 815-6, the representative appointed in
application of article 812 or the executor, appointed by the testator in application of
The appointment decision is recorded and published.
As long as no heir has accepted the succession, the succession agent can only perform the
acts mentioned in article 784, except those provided for in its second paragraph. The judge can
also authorize any other act required by the interests of the succession. He can authorize the
estate agent to draw up an inventory in the forms prescribed in Article 789, or the
ask ex officio.
Within the limits of the powers conferred on him, the estate agent represents the whole
heirs for civil and legal acts.
He exercises his powers even though there is a protected minor or adult among the heirs.
The payment made in the hands of the estate agent is valid.
The acts referred to in article 813-4 carried out by the succession agent within the framework of his mission
have no effect on the hereditary option.
At the request of any interested person or of the public prosecutor, the judge may dismiss the
estate agent of his mission in the event of a marked failure in the exercise of this one.
He then appoints another estate agent, for a period that he defines.
Each heir may require the legal representative to consult, at any time, the
documents relating to the performance of its mission.
Each year and at the end of his mission, the estate agent gives to the judge and to each heir
at his request, a report on the performance of his mission.
The judgment designating the succession agent fixes the duration of his mission as well as his
remuneration At the request of one of the persons mentioned in the second paragraph of article
813-1 or in article 814-1, he may extend it for a period that he determines.
The mission ceases automatically by the effect of an indivision agreement between the heirs or by the
signing of the deed of sharing. It also ceases when the judge ascertains the complete execution of
the mission entrusted to the estate agent.
When the succession has been accepted by at least one heir, either purely and simply, or to
competition of the net assets, the judge who appoints the succession agent in application of articles
813-1 and 814-1 can authorize him to carry out all the acts of administration of the succession.
He may also authorize him, at any time, to carry out acts of disposition necessary for the
proper administration of the estate and determine its prices and stipulations.
In all circumstances, the heir accepting up to the amount of the net assets may ask the judge to
designate any qualified person as an estate agent in order to replace him / her in
the charge of administering and liquidating the estate.
Chapter VII: The legal regime of joint ownership.
No one can be forced to remain in joint possession and partition can always be brought about, to
unless there has been a stay by judgment or agreement.
The joint owners may enter into agreements relating to the exercise of their joint rights,
in accordance with Articles 1873-1 to 1873-18.
Section 1: Acts relating to undivided property.
Paragraph 1: Acts performed by the co-owners.
Any co-owner may take the necessary measures for the conservation of the undivided property even if
they are not of an urgent nature.
He may use for this purpose the funds of joint ownership held by him and he is deemed to have the freedom to do so.
disposition towards third parties.
In the absence of joint ownership funds, he can force his co-joint owners to pay the expenses with him.
When joint assets are encumbered with a usufruct, these powers are opposable to the usufructuary in
to the extent that the latter is liable for reparations.
The joint owner (s) holding at least two-thirds of the joint rights may, by this majority:
1 ° Carry out administrative acts relating to undivided property;
2 ° Give one or more of the co-owners or a third party a general administrative mandate;
3 ° Sell the undivided furniture to pay the debts and charges of the joint ownership;
4 ° Conclude and renew leases other than those relating to an immovable for agricultural use,
commercial, industrial or artisanal.
They are required to inform the other co-owners thereof. Otherwise, the decisions taken are unenforceable against
However, the consent of all the co-owners is required to perform any act that is not
not to the normal use of the undivided property and to carry out any act of disposal other than
those referred to in 3 °.
If a co-owner takes over the management of the undivided property, with the knowledge of the others and nevertheless without
opposition from them, it is supposed to have received a tacit mandate, covering acts of administration
but not the deeds of disposal or the conclusion or renewal of leases.
Paragraph 2: Acts authorized in court.
If one of the co-owners is unable to express his will, another can be authorized
by justice to represent him, in a general way or for certain particular acts, the conditions
and the extent of this representation being fixed by the judge.
In the absence of legal power, mandate or authorization by justice, the acts carried out by a joint owner
in representation of another have effect with regard to the latter, according to the rules of business management.
A joint owner may be authorized by justice to carry out alone an act for which the consent of a
joint ownership would be necessary, if the refusal of this endangers the common interest.
The judge cannot, at the request of a bare owner, order the sale of the full property of a
well encumbered with usufruct against the will of the usufructuary.
The act passed under the conditions set by the court authorization is enforceable against the undivided
consent was lacking.
Except in the event of the ownership of the property being dismembered or if one of the co-owners is in one of the
of the cases provided for in article 836, the alienation of undivided property may be authorized by the court of
large body, at the request of one or more joint owners holding at least two-thirds of the rights
undivided, according to the terms and conditions defined in the following paragraphs.
The joint owner (s) holding at least two-thirds of the joint rights expresses before a notary,
at this majority, their intention to proceed with the alienation of the undivided property.
Within a period of one month following its collection, the notary sends this intention to the other
If one or more of the co-owners oppose the alienation of the undivided property or do not come forward
within three months of service, the notary will record it in a report.
In this case, the tribunal de grande instance may authorize the alienation of the undivided property if it does not
not unduly infringe the rights of other co-owners.
This alienation is carried out by licitation. The sums which are withdrawn cannot be
a reinvestment except to pay the debts and charges of joint ownership.
The alienation carried out under the conditions fixed by the authorization of the tribunal de grande instance is
opposable to the joint owner whose consent was lacking, unless the intention to alienate the property of the
co-owners holding at least two-thirds of the undivided rights had not been served on him according to
the modalities provided for in the third paragraph.
The president of the tribunal de grande instance can prescribe or authorize all urgent measures
required by the common interest.
It may, in particular, authorize a joint owner to collect debtors of joint ownership or
custodians of undivided funds a provision intended to meet urgent needs, by prescribing,
if necessary, the conditions of employment. This authorization does not entail quality for the
surviving spouse or for the heir.
He can also either appoint a joint owner as administrator, obliging him, if necessary, to
give surety, or appoint a receiver. Articles 1873-5 to 1873-9 of this code
apply as of reason to the powers and obligations of the administrator, if they are not
otherwise defined by the judge.
The president of the court may also prohibit the movement of physical furniture except to be specified.
those for which he attributes personal use to one or the other of the beneficiaries, with the charge for them of
give security if he considers it necessary.
In Guadeloupe, Guyana, Martinique, Reunion Island and Saint-Martin, when a building
undivided for residential use or for mixed residential and professional use is vacant or has not been
the object of an effective occupation for more than two calendar years, a joint owner may be
authorized in court, under the conditions provided for in Articles 813-1 to 813-9, to carry out the work
improvement, rehabilitation and restoration of the building as well as to carry out the acts
administration and publicity formalities, the sole purpose of which is to lease it as
Section 2: Rights and obligations of co-owners.
Anyone who collects income or incurs costs on behalf of joint ownership must keep a
state which is at the disposal of the co-owners.
Each co-owner can use and enjoy the undivided goods in accordance with their destination, in the
measure compatible with the rights of other co-owners and with the effect of acts duly executed
during joint ownership. In the absence of agreement between the interested parties, the exercise of this right is regulated, as
provisional, by the president of the tribunal.
The joint owner who uses or enjoys privately the undivided thing is, unless otherwise agreed,
liable for compensation.
Are ipso jure undivided, by the effect of a real subrogation, the claims and indemnities which
replace undivided property, as well as acquired property, with the consent of all
undivided, in use or reinvestment of undivided property.
The fruits and income of undivided property increase with joint ownership, in the absence of provisional partition
or any other agreement establishing divided enjoyment.
No research relating to fruits and revenues will, however, be admissible more than five years after
the date on which they were or could have been collected.
Each co-owner is entitled to the profits from the undivided property and bears the losses.
in proportion to his rights in joint possession.
Any joint owner can claim his annual share in the profits, less expenses.
caused by the acts to which he has consented or which are opposable to him.
In the absence of any other title, the scope of the rights of each in joint possession results from the act of notoriety
or the inventory title established by the notary.
In the event of a dispute, the president of the tribunal de grande instance may order a distribution
provisional profit subject to an account to be established at the time of final liquidation.
Up to the amount of funds available, he can similarly order a capital advance on the
rights of the co-owner in the partition to intervene.
The joint owner who manages one or more joint assets is liable for the net income from his management. He has
right to remuneration for his activity under the conditions fixed amicably or, failing that, by
When a co-owner has improved the condition of an undivided property at his own expense, this must be taken into account.
according to equity, having regard to what the value of the property is increased at the time of the sharing or
alienation. He must likewise be taken into account for the necessary expenditure which he has made of his
personal funds for the conservation of the aforesaid goods, although they did not improve them.
Conversely, the joint owner is liable for degradations and deteriorations which have reduced the value of
property undivided by his act or by his fault.
The co-owner who intends to cede, for consideration, to a person outside the co-ownership, all or part
of his rights in the undivided property or in one or more of these assets is required to notify by deed
extrajudicial to the other co-owners the price and conditions of the proposed transfer as well as the
name, domicile and profession of the person who proposes to acquire.
Any joint owner may, within one month following this notification, inform the assignor,
by extrajudicial act, that he exercises a right of pre-emption at the prices and conditions that have been
In the event of pre-emption, the person exercising it has a period of
two months from the date of sending its response to the seller. After this period, his declaration of
pre-emption is null and void, fifteen days after a formal notice remained ineffective, and without
prejudice to damages which may be requested from it by the seller.
If several co-owners exercise their right of pre-emption, they are deemed, unless otherwise agreed.
on the contrary, acquire together the portion offered for sale in proportion to their respective share in
When payment terms have been agreed to by the assignor, article 828 is applicable.
If there is an adjudication of all or part of the rights of a co-owner in the undivided property or
in one or more of these assets, the lawyer or notary must inform the co-owners thereof by
notification one month before the scheduled date of sale. Each co-owner can replace
the purchaser within one month of the auction, by declaration to the registry or to
of the notary.
The book of conditions of sale drawn up with a view to the sale must mention the rights of
Any assignment or any auction carried out in defiance of the provisions of articles 815-14 and
815-15 An action for nullity lapses after five years. It can only be exercised by those to whom
notifications had to be made or by their heirs.
Section 3: The right to sue creditors.
The creditors who could have acted on the undivided property before there was joint ownership, and those whose
debt results from the conservation or management of undivided property, will be paid by direct debit
on the asset before sharing. They can also pursue the seizure and sale of undivided property.
The personal creditors of a co-owner cannot seize his share in the undivided property, movable
However, they have the right to initiate partition on behalf of their debtor or to intervene in the
sharing caused by him. The co-owners can stop the course of the share by
discharging the obligation in the name and in acquittal of the debtor. Those who will exercise this faculty
will reimburse by levy on undivided property.
Section 4: Joint ownership in usufruct.
The provisions of articles 815 to 815-17 are applicable to joint ownerships in usufruct as
that they are compatible with the rules of usufruct.
The notifications provided for in articles 815-14, 815-15 and 815-16 must be sent to all
bare owner and to any usufructuary. But a usufructuary cannot acquire a share in bare ownership
that if no bare owner acquires it; a bare owner cannot acquire a share in
usufruct only if no usufructuary acquires it.
Chapter VIII: Sharing.
Section 1: Sharing operations.
Sub-section 1: Common provisions.
Paragraph 1: Sharing requests.
Partition can be requested, even when one of the co-owners has enjoyed all or part of it separately.
undivided property, if there was no deed of partition or sufficient possession to acquire the
Whoever is in joint possession for the enjoyment can request the sharing of the joint usufruct by way of
of cantonment on a good or, in case of impossibility, by auction of the usufruct.
When it appears to be the sole protector of the interest of all the holders of rights in the undivided property, the
licitation may relate to full ownership.
The same faculty belongs to the joint owner in bare ownership for the undivided bare ownership. In case of
licitation of full ownership, the second paragraph of article 815-5 is applicable.
The one who is in part full owner and who is in joint possession with usufructuaries and
our owners may use the faculties provided for in articles 817 and 818.
The second paragraph of article 815-5 is not applicable in the event of a bidding in full ownership.
At the request of a joint owner, the court may suspend the partition for a maximum of two years if its
immediate realization risks damaging the value of the undivided property or if one of the co-owners
cannot take over the agricultural, commercial, industrial, artisanal or liberal dependent
of the succession only at the expiration of this period. This stay may apply to all property
undivided or to some of them only.
If necessary, the request for a suspension of partition may relate to social rights.
In the absence of an amicable agreement, the joint ownership of any agricultural, commercial, industrial,
artisanal or liberal, the exploitation of which was ensured by the deceased or his spouse, can be
maintained under the conditions set by the court at the request of the persons mentioned in
If necessary, the request for maintenance of joint ownership may relate to social rights.
The court decides according to the interests involved and the means of existence that the family can
draw undivided property.
The maintenance of joint ownership remains possible even when the company includes elements
whose heir or spouse was already the owner or co-owner before the opening of the
Joint ownership may also be maintained, at the request of the same persons and in the
conditions fixed by the court, with regard to the ownership of the living or
professional who, at the time of death, was actually used for this dwelling or for this
use by the deceased or his spouse. It is the same for the movable objects furnishing the room.
dwelling or used for the exercise of the profession.
If the deceased leaves one or more minor descendants, the maintenance of joint ownership may be
requested either by the surviving spouse, or by any heir, or by the legal representative of the
In the absence of minor descendants, the maintenance of joint ownership can only be requested by the
surviving spouse and on condition that he was, before the death, or has become as a result of the death,
co-owner of the business or of the residential or professional premises.
If it is a dwelling place, the spouse must have resided in the premises at the time of the death.
Maintenance in joint possession may not be prescribed for a period exceeding five years. He can be
renewed, in the case provided for in the first paragraph of article 822, until the majority of the youngest of
descendants and, in the case provided for in the second paragraph of the same article, until the death of the spouse
If the co-owners intend to remain in the co-ownership, the court may, at the request of one or more
several of them, depending on the interests involved and without prejudice to the application of
Articles 831 to 832-3, allocate his share to the party who requested the partition.
If there is not a sufficient sum in joint possession, the complement is paid by those of the
co-owners who contributed to the request, without prejudice to the possibility for the others
co-owners to participate, if they express the will. The share of each in joint possession is
increased in proportion to its payment.
Paragraph 2: Parts and lots.
The shareable mass includes the assets existing at the opening of the succession, or those which
were subrogated, and which the deceased did not dispose of because of death, as well as the related fruits.
It is increased by the values subject to report or reduction, as well as the debts of
co-dividers towards the deceased or towards joint ownership.
Equality in sharing is equality in value.
Each co-partitioner receives property for a value equal to that of his rights in the joint possession.
If there is a draw, as many prizes are made up as necessary.
If the consistency of the mass does not allow the formation of batches of equal value, their inequality is
compensated by a cash payment.
The mass is shared per capita. However, it is done by strain when it is necessary to
representation. Once the division by strain has been carried out, a separate distribution is made, where
appropriate, between the heirs of each line.
When the debtor of a balance has obtained payment deadlines and that, as a result of the circumstances
economic assets, the value of the goods due to it has increased or decreased by more than a quarter since
sharing, the sums still due increase or decrease in the same proportion, except
exclusion of this variation by the parties.
With a view to their distribution, the goods are estimated at their value on the date of the dividing use as such.
that it is fixed by the act of sharing, taking into account, if necessary, the charges encumbering them.
This date is as close as possible to sharing.
However, the judge can fix the dividing rights at an older date if the choice of this date
appears more favorable to the achievement of equality.
In the formation and composition of the lots, every effort is made to avoid dividing the economic units.
and other sets of assets the splitting of which would result in depreciation.
Paragraph 3: Preferential attributions.
The surviving spouse or any co-owner heir may request the preferential allocation by
way of sharing, subject to a balance if applicable, of any business, or part of an agricultural business,
commercial, industrial, artisanal or liberal or undivided share of such a company, even
formed for a part of property of which he was already the owner or co-owner before the death, to
the operation in which he participates or has actually participated. In the case of the heir, the
condition of participation can be or have been fulfilled by his spouse or his descendants.
If necessary, the request for preferential allocation may relate to social rights, without prejudice
the application of legal provisions or statutory clauses on the continuation of a company
with the surviving spouse or one or more heirs.
In the event that neither the surviving spouse nor any co-owner heir requests the application of the
provisions provided for in article 831 or those of articles 832 or 832-1, preferential allocation
provided for in agricultural matters may be granted to any co-partitioner under the condition that he undertakes to
lease the asset in question within six months under the conditions set out in Chapter VI
of Title I of Book IV of the Rural and Maritime Fisheries Code to one or more of the joint heirs
fulfilling the personal conditions provided for in article 831 or to one or more descendants of
these joint heirs fulfilling the same conditions.
The surviving spouse or any co-owner heir may also request the allocation
1 ° The property or the right to the lease of the premises which actually serves as his dwelling, if there was his
residence at the time of death, and the furniture that adorns it;
2 ° Ownership or the right to lease the premises for professional use actually used for
the exercise of his profession and of the movable objects for professional use furnishing this room;
3 ° All the movable elements necessary for the exploitation of a rural good cultivated by the
deceased as a farmer or sharecropper when the lease continues for the benefit of the applicant or when
new lease is granted to the latter.
The preferential allocation of the property of the premises and the furniture furnishing it referred to in 1 ° of
article 831-2 is legally applicable for the surviving spouse.
The rights resulting from the preferential allocation do not prejudice the life rights of dwelling
and use that the spouse may exercise under section 764.
The preferential allocation referred to in Article 831 is automatic for any agricultural holding which does not
does not exceed the area limits set by decree of the Council of State, if the maintenance in
joint ownership has not been ordered.
If the maintenance in joint possession has not been ordered and in the absence of preferential allocation in
property under the conditions provided for in article 831 or article 832, the surviving spouse or any
co-owner heir may request the preferential allocation of all or part of the property and rights
real estate for agricultural use depending on the succession in order to constitute with one or
several joint heirs and, where applicable, one or more third parties, an agricultural land group.
This attribution is of right if the surviving spouse or one or more of the joint heirs fulfilling
the personal conditions provided for in article 831, or their descendants actually participating in
operation, require that they be leased, under the conditions set out in Chapter VI of Title
I of book IV of the rural and maritime fishing code, all or part of the goods of the group.
In the event of multiple requests, the goods of the group may, if their consistency so permits,
be the subject of several leases benefiting different joint heirs.
If the clauses and conditions of this lease or these leases have not been agreed, they are
set by the court.
The property and real estate rights that the applicants do not intend to bring to the group
agricultural land, as well as the other property of the succession, are allocated by priority, in the
limits of their respective inheritance rights, to co-owners who have not consented to the formation
of the group. If these co-owners are not fulfilled with their rights by the allocation thus made, a
balance must be paid to them. Unless there is an amicable agreement between the co-partitioners, the balance possibly
due is payable within one year of partition. It may be the subject of a donation in payment under
the form of shares of the agricultural land group, unless the interested parties, in the month following the
proposal made to them, have made known their opposition to this method of payment.
The division is only perfect after the signing of the constitutive act of the agricultural land group and,
long-term lease (s), if applicable.
If an agricultural holding constituting an economic unit and not exploited in social form
is not maintained in joint possession and has not been the subject of a preferential allocation in the
conditions provided for in articles 831, 832 or 832-1, the surviving spouse or any heir
co-owner who wishes to continue the operation in which he participates or has actually participated
may require, notwithstanding any request for auction, that the partition be concluded under the condition that
its co-dividers grant it a long-term lease under the conditions set out in Chapter VI of the
Title I of Book IV of the Rural Code, on the farm lands which fall to them. In the case of
the heir, the participation condition may have been fulfilled by his spouse or his descendants.
Unless there is an amicable agreement between the parties, whoever requests to benefit from these provisions receives by
priority in its part the buildings of exploitation and dwelling.
The foregoing provisions are applicable to a part of the agricultural holding which may
constitute an economic unit. This economic unit can be formed, in part, of goods
of which the surviving spouse or heir was already the owner or co-owner before the death.
Depreciation due to the existence of the lease is taken into account, if applicable, in the valuation of
land included in the different lots.
Articles L. 412-14 and L. 412-15 of the Rural and Maritime Fisheries Code determine the rules
specific to the lease mentioned in the first paragraph of this article.
If, due to the manifest inability of the applicant (s) to manage all or part of the operation,
the interests of the co-heirs may be compromised, the court may decide that there is no
to apply the first three paragraphs of this article.
The preferential allocation can be requested jointly by several successors in order to
keep the undivided property together.
In the absence of an amicable agreement, the request for preferential allocation is brought before the court which
decides according to the interests involved.
In the event of competing requests, the court takes into account the ability of the various applicants to
manage and maintain the assets involved. For the company, the court takes into account in particular
the duration of personal participation in the activity.
The assets subject to the award are estimated at their value on the date set in accordance with
Unless there is an amicable agreement between the co-partitioners, any balance due is payable in cash.
However, in the cases provided for in articles 831-3 and 832, the contractor may require his
co-dividers, for the payment of a fraction of the balance, equal to at most half, deadlines shall not
may exceed ten years. Unless otherwise agreed, the sums still due bear interest at the rate
In the event of the sale of all the property allocated, the portion of the related balance becomes
immediately payable; in the event of partial sales, the proceeds of these sales are paid to the
co-partitioners and charged to the portion of the balance still due.
The provisions of articles 831 to 832-4 benefit the spouse or any heir called upon to succeed in
under the law, whether he is co-owner in full ownership or in bare ownership.
These provisions, with the exception of those of article 832, also benefit the heir with a
universal or universal vocation to inheritance by virtue of a will or an institution
The beneficiary of the preferential allocation does not become the exclusive owner of the allocated property until
day of final sharing.
Until that date, he can only renounce the allocation when the value of the property, such as
determined on the day of this allocation, increased by more than a quarter on the day of sharing
regardless of his personal circumstances.
Sub-section 2: Amicable partition.
If all the co-owners are present and capable, the sharing can take place in the form and according to the
modalities chosen by the parties.
When joint ownership relates to property subject to land registration, the deed of partition is passed through
If a joint owner is presumed absent or, as a result of removal, is unable to demonstrate
his will, an amicable partition may take place under the conditions provided for in article 116.
Likewise, if a co-owner is the subject of a protection regime, an amicable partition may take place.
under the conditions provided for in Titles X and XI of Book I.
If a joint owner is in default, without being nevertheless in one of the cases provided for in article 836, he
may, at the behest of a co-partitioner, be put on formal notice, by extrajudicial act, to be
represent for amicable sharing.
Failure for this joint owner to have appointed an agent within three months of the formal notice, a
co-partitioner may ask the judge to appoint any qualified person who will represent the
failing until the sharing is complete. This person cannot consent to sharing
only with the permission of the judge.
Amicable sharing can be total or partial. It is partial when it allows undivided joint ownership to subsist.
in respect of certain goods or certain persons.
When several joint ownership exists exclusively between the same people, which they bear
on the same goods or on different goods, a single amicable partition can take place.
Sub-section 3: Judicial partition.
The partition is made in court when one of the co-owners refuses to consent to the amicable partition or
if there are any disputes as to how to proceed or terminate it or when the sharing
amicable agreement has not been authorized or approved in one of the cases provided for in Articles 836 and 837.
When several joint ownership exists exclusively between the same people, which they bear
on the same goods or on different goods, a single division may take place.
The court of the place of opening of the succession is exclusively competent to hear
action in sharing and disputes that arise either on the occasion of the maintenance of joint ownership or
during sharing operations. It orders the bids and decides on the requests relating to the
guarantee of the lots between the co-partitioners and those in nullity of sharing or in addition to the part.
If the notary appointed to establish the liquidation statement comes up against the inertia of a joint owner, he can
give notice, by extrajudicial act, to be represented.
Failure by the co-owner to have constituted an agent within three months of the formal notice, the
notary can ask the judge to designate any qualified person who will represent the defaulter
until the operations are complete.
At any time, the co-partitioners can abandon legal proceedings and continue with the partition.
amicably if the conditions for sharing of this nature are met.
Section 2: Of the donation report.
Any heir, even having accepted up to the amount of the assets, coming to a succession, must report to
his coheirs everything he received from the deceased, by inter vivos donations, directly or indirectly;
he cannot withhold donations made to him by the deceased, unless they have been expressly made to him
excluding inheritance part.
Bequests made to an heir are deemed to have been made apart from the inheritance share, unless the testator has
expressed the contrary will, in which case the legatee can only claim his legacy by taking less.
Donations made outside the inheritance part cannot be retained nor bequests claimed by the heir.
sharing only up to the amount available: the excess is subject to reduction.
The heir who renounces the succession may, however, retain the gift inter vivos or claim the bequest from
up to the portion available, unless the settlor has expressly requested
the report in case of waiver.
In this case, the report is made in value. When the reported value exceeds the rights that it should have
have in the partition if he had participated in it, the renouncing heir indemnifies the heirs accepting
competition from this surplus.
The donee who was not heir presumptive at the time of the donation, but who is successor to the
the day of the opening of the estate, does not owe the report, unless the donor has
Donations and bequests made to the son of the person who is successor at the time of the opening of the
succession are always deemed to have been made with exemption from the report.
The father coming to the donor’s estate is not required to report them.
Similarly, the son coming from his head to the donor’s estate is not required to return the donation.
made to his father, even when he would have accepted his succession; but if the son only comes
by representation, he must report what had been given to his father, even if he had
repudiated his succession.
Donations and bequests made to the spouse of a successor spouse are deemed to have been made with exemption from the report.
If the gifts and legacies are made jointly to two spouses, only one of whom is successible,
the latter brings in half; if the gifts are made to the successor spouse, he returns them in full.
The report is only made to the donor’s estate.
The report is due from what has been used for the establishment of one of the coheirs or for the
payment of its debts.
It is also due in the event of a donation of fruit or income, unless the donation has been made.
expressly excluding the inheritance part.
The costs of food, maintenance, education, training, ordinary equipment costs,
wedding favors and customary gifts must not be returned, unless the
The character of a customary present is assessed on the date on which it is granted and taking into account the fortune of the
The same applies to the profits that the heir may have obtained from agreements concluded with the deceased, if these
agreements did not present any indirect benefit when they were made.
Similarly, no report is due for associations made without fraud between the deceased and one
of his heirs, when the conditions have been settled by an authentic instrument.
The property which perished by fortuitous event and without the fault of the donee is not subject to report.
However, if this property has been restored by means of compensation received due to its loss, the
the donee must report it in the proportion in which the indemnity was used for its reconstitution.
If the allowance has not been used for this purpose, it is itself subject to report.
The fruits of things subject to report are due from the day of the opening of the succession.
Interest is only due from the day the report amount is determined.
The report is due only by the co-heir to his co-heir; it is not due to the legatees nor to the
creditors of the estate.
The report is made by taking less, except in the case of the second paragraph of article 845.
It cannot be demanded in kind, unless otherwise stipulated in the deed of gift.
In the case of such a stipulation, the alienations and constitution of real rights granted by the
donee will be extinguished by the effect of the report unless the donor has consented.
The heir also has the right to return in kind the donated property which still belongs to him on condition
that this property is free of any charge or occupation which it would not have already been encumbered at the time of
The return is due from the value of the property given at the time of the partition, according to its condition at the time of the
If the property was alienated before the partition, account is taken of the value it had at the time of
alienation. If a new asset has been subrogated to the alienated asset, the value of this asset is taken into account.
new asset at the time of partition, based on its condition at the time of acquisition. However, if the
depreciation of the new asset was, by reason of its nature, inevitable on the day of its acquisition, it
subrogation is not taken into account.
All unless otherwise stipulated in the deed of donation.
If it results from such a stipulation that the value subject to report is less than the value of the property
determined according to the valuation rules provided for in article 922 below, this difference forms
an indirect benefit acquired from the donee excluding the inheritance part.
The ratio of a sum of money is equal to its amount. However, if it was used to acquire property,
the report is due for the value of this property, under the conditions provided for in article 860.
When the report is made in kind and the condition of the donated objects has been improved by the fact of the
donee, it must be taken into account, having regard to what their value is increased in the
time of sharing or alienation.
The donee must also be taken into account for the necessary expenses he has incurred for the
conservation of the property, although they did not improve it.
The co-heir who makes the return in kind may retain possession of the donated property until
actual reimbursement of sums due to him for expenses or improvements.
The donee, for his part, must, in the event of a report in kind, take into account the damage and
deteriorations which have reduced the value of the goods given by their actions or by their fault.
Section 3: Payment of debts
Paragraph 1: Debts of the co-partitioners
When the shareable mass includes a claim against one of the co-partitioners, due
or not, the latter is allotted in the sharing up to the level of his rights in the mass.
Due to competition, the debt is extinguished by confusion. If its amount exceeds the debtor’s rights in
this mass, he owes the payment of the balance under the conditions and deadlines which affected the obligation.
Except when it relates to undivided assets, the debt is not due before the closing of the
sharing operations. However, the debtor heir can decide at any time to pay it.
Reportable sums produce interest at the legal rate, unless otherwise stipulated.
This interest runs from the opening of the succession when the heir was debtor to the
deceased and from the day on which the debt is due, when it arises during joint possession.
When the co-partitioner himself has a claim to assert, he is only allocated his debt if,
balance made, the account presents a balance in favor of the undivided mass.
Paragraph 2: Other debts
The coheirs contribute among themselves to the payment of the debts and charges of the succession, each
in proportion to what it takes.
The legatee by universal title contributes with the heirs, in proportion to his emolument; but the
individual legatee is not liable for debts and charges, except however the mortgage action on
the building bequeathed.
When the immovables of a succession are encumbered with annuities by special hypothec, each of the
joint heirs may demand that the annuities be repaid and the immovables vacated before he
or proceeded to the formation of batches. If the coheirs share the estate in the state in which it is
finds, the encumbered building must be estimated at the same rate as the other buildings; it’s done
deduction of the capital of the annuity from the total price; the heir in whose lot this building falls
remains solely responsible for the service of the annuity and must guarantee its coheirs.
The heirs are liable for the debts and charges of the succession, personally for their part
inheritance, and mortgage for the whole; except their recourse either against their coheirs, or
against the universal legatees, because of the part for which they must contribute.
The individual legatee who has discharged the debt with which the bequeathed immovable was encumbered remains subrogated
the rights of the creditor against the heirs.
The co-heir who, by the effect of the mortgage, has paid more than his share of the joint debt, has no
recourse against the other coheirs, only for the part that each of them owes personally in
bear, even if the co-heir who paid the debt has been subrogated to the rights of
creditors; without prejudice, however, to the rights of a co-heir who, by the effect of the acceptance to
competition from the net assets, would have retained the right to claim payment of its debt
personal, like any other creditor.
In the event of the insolvency of one of the co-heirs, his share in the mortgage debt is distributed over all
others, at marc le franc.
The enforceable title against the deceased is also against the heir, eight days after the service
it was made to him.
The creditors of the deceased and the legatees of sums of money may request to be preferred over
the estate to any personal creditor of the heir.
Conversely, the personal creditors of the heir can ask to be preferred to any
creditor of the deceased on the property of the heir not collected under the succession.
The right of preference gives rise to the lien on the buildings provided for in 6 ° of article 2374 and it
is subject to registration in accordance with article 2383.
This right can be exercised by any act by which a creditor manifests to the competing creditor his
intention to be preferred over a specific property.
It cannot be exercised when the claimant creditor has waived it.
It is prescribed, with respect to movables, by two years from the opening of the succession.
With regard to buildings, the action can be exercised as long as they remain in the hands of
The creditors of a co-partitioner, to prevent the division from being made in fraud of their rights,
may object to this being done without their presence: they have the right to intervene
their costs; but they cannot attack a consumed share, unless, however, it has not been
proceeded without them and to the detriment of an opposition which they would have formed.
Section 4: Effects of sharing and guaranteeing lots
Each co-heir is deemed to have succeeded alone and immediately to all the effects included in his
lot, or to him due on licitation, and never to have had the property of the other effects of the succession.
The same applies to property which has become of him by any other act having the effect of terminating
joint ownership. It is not distinguished according to whether the act terminates joint ownership in whole or in part, with regard to
of certain assets or of certain heirs only.
However, acts validly performed either by virtue of a mandate of the joint owners, or by virtue of
by virtue of a judicial authorization, retain their effects whatever, during the partition,
the attribution of the goods which were the subject of it.
The coheirs remain respectively guarantors, towards each other, of disturbances and evictions
only which proceed from a cause prior to the partition. They are also guarantors of
the insolvency of the debtor of a debt put in the lot of a co-partitioner, revealed before the partition.
The guarantee does not take place if the species of eviction suffered has been excepted by a particular clause and
express deed of sharing; it ceases if it is through his fault that the co-heir suffers the eviction.
Each of the coheirs is personally obliged, in proportion to his emolument, to indemnify the
co-heir ousted for the loss he suffered, assessed on the day of the eviction.
If one of the coheirs is insolvent, the portion for which he is liable must be equally distributed
between the guaranteed and all solvent joint heirs.
The action in warranty is prescribed by two years from the eviction or discovery of the disorder.
Section 5: Actions for the nullity of the partition or in addition to the share
Paragraph 1: Actions for nullity of the partition
The sharing can be canceled due to violence or fraud.
It can also be canceled for reason of error, if this one related to the existence or the proportion of the rights.
co-dividers or on the ownership of property included in the shareable mass.
If it appears that the consequences of violence, fraud or error can be remedied
other than by annulment of the partition, the court may, at the request of one of the parties,
order additional or corrective sharing.
The partition can also be canceled if one of the joint heirs has been omitted.
The omitted heir may, however, request to receive his share, either in kind or in value, without
cancellation of sharing.
To determine this share, the assets and rights to which the division has already been carried out are
reassessed in the same way as if it were a new share.
The co-partitioner who has alienated his lot in whole or in part is no longer admissible to bring an action
based on fraud, error or violence, if the alienation he made is subsequent to the discovery of the
fraud or error or the cessation of violence.
Paragraph 2: The share in addition to the share
When one of the co-partitioners establishes having suffered an injury of more than a quarter, the complement of his
share is provided to it, at the choice of the defendant, either in cash or in kind. To appreciate if there was
lesion, objects are estimated according to their value at the time of the partition.
The action in addition to the share is prescribed by two years from the sharing.
The action in addition to a share is allowed against any act, whatever its name, including
the object is to put an end to joint ownership between co-dividers.
The action is no longer allowed when a transaction has taken place following the partition or the act that
takes the place of the difficulties presented by this sharing or this act.
In the event of successive partial divisions, the lesion is assessed without taking into account the partial division.
has already taken place when the latter has fulfilled the parties with their rights in equal parts or with
The action in addition to a share is not allowed against a sale of undivided rights made without fraud.
to a co-co-owner by his co-co-owners or by one of them, when the transfer involves a defined contingency
in the deed and expressly accepted by the assignee.
The simple omission of an undivided asset gives rise to an additional division relating to this asset.