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Can heirs designate a person to manage the estate?

Verified 08 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the heirs may designate a representative to manage the succession.

The agent may be appointed by the heirs: treaty mandate.

It can also be designated by the judge if there is a freeze in the settlement of the estate or if an heir has accepted the estate up to the amount of net assets. This is called judicial mandate of succession.

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Treaty agent

How to name it?

The heirs may appoint as their agent the person of their choice (one of them or any other person).

All heirs must agree to appoint an agent.

The warrant may be issued by notarial deed or by deed under private signature.

What's his role?

The trustee's task is to settle the estate of the deceased.

He must be accountable to the heirs for his management.

How long is his mission?

The heirs shall determine the term of office. It may be determined or indeterminate.

Is his mission paying off?

The trustee's mission is not paid. However, you can include his remuneration in the mandate.

If the remuneration exists, it is the responsibility of the heirs.

Judicial estate agent

How is it designated?

Where at least one heir has accepted the estate up to the amount of the net assets, only the court may appoint the agent.

An estate agent may also be appointed by the judge in the event of the estate being blocked (disagreement of heirs, complex succession, etc.).

Any competent person may be appointed as a judicial representative of succession.

The representative may also be a legal person (association, foundation, etc.).

The appointment of a judicial estate agent may be requested by any interested person (heir, creditor, public prosecutor's office).

The application must be made to the court of the deceased's domicile.

Who shall I contact

The court shall make its decision in accordance with the accelerated procedure on the merits. This procedure allows the judge to make a quick and final decision.

What's his role?

The judicial estate agent shall be responsible for provisionally settling the succession.

He carries out the precautionary acts (settlement of debts, payment of taxes, collection of income, etc.).

The judge may authorize him to perform other types of acts (for example, the sale of real estate).

How long is his mission?

The judge shall determine the duration of the mission.

The term of office shall end if the heirs sign a division agreement or appoint a notary for to share the succession.

Is his mission paying off?

The judge shall fix the remuneration of the estate agent.

It is the responsibility of the heirs.

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