Can heirs designate a person to manage the estate?
Verified 15 April 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, heirs may designate a person as agent to manage the estate. The representative may be appointed by the heirs (conventional mandate). He may also be appointed by the judge (judicial succession) if there is a deadlock in the estate settlement or if an heir has accepted the estate up to net assets..
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Heirs may appoint as their agent the person of their choice (one of them or any other person).
The warrant may be issued by notarial act or by deed under private signature.
The attorney's mission is to settle the estate of the deceased. He is accountable to the heirs for his management.
The heirs determine the term of office. It may be determined or undetermined.
The representative shall not be paid unless the mandate so provides.
Legal estate agent
Where at least one heir has accepted the estate up to net assets, only the judge may appoint the representative.
An estate agent may also be appointed by the judge in the event of a blockage of the estate (misunderstanding of the heirs, complex succession, etc.).
Any competent person may be appointed as an agent of judicial succession. It 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 ministry).
The request must be made by summary conviction from the deceased's home.
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The judicial estate agent shall be responsible for the provisional settlement of the succession. He carries out the protective acts (payment of debts, payment of taxes, collection of income, etc.). The judge may authorize him to perform other types of acts (e.g. the sale of real estate).
The judge shall determine the duration of the mission.
The term ends if the heirs sign a indivision agreement or appoint a notary for share estate..
The judge shall determine the remuneration of the estate agent.
- Civil Code: rule 813Agent designated by agreement
- Civil Code: articles 813-1 to 814-1Legal officer
- Code of Civil Procedure: Articles 1379 to 1381Referral (Article 1380)
- Settlement of an estateService-Public.fr
- Inheritance: order and rights of heirsService-Public.fr
- Rights of succession and donationService-Public.fr