Division of estate property
Verified 20 June 2023 - Legal and Administrative Information Directorate (Prime Minister)
You inherit a relative and wonder how his estate will be shared between the different heirs? The splitting is the act which ends the division : each heir receives his share of the inheritance and becomes owner individually. The division of assets can be settled in a friendly or judicial (in case of disagreement between the heirs).
FYI
the bequest are not among the assets to be shared.
Amicable sharing
Amicable sharing implies in principle that all heirs agree to leave the division.
If an heir refuses to participate in the sharing, you and the other heirs may require him, by act of the commissioner of justice (formerly act of bailiff), to appoint a person of his choice to participate in the sharing on his behalf.
If an heir does not give a sign of life, you and the other heirs can bring the matter before the guardianship judge to have a representative of the absent heir appointed. In this case, the sharing can be done amicably, but it will have to be validated by the judge.
If one of the heirs is a minor child or a protected major, amicable sharing is possible, under special conditions. It's his legal representative who participates in the sharing.
The recourse to a notary is mandatory if the estate includes real estate.
Who shall I contact
Procedure
Sharing consists in allocating to each heir property for a value equal to that of his rights in the division.
The heirs compose lots corresponding to the rights of each.
They shall distribute the lots among themselves by mutual agreement or by drawing lots.
The lots may be of unequal value provided that a sum of money (called payoff) to the heirs concerned.
FYI
the amicable sharing may be total or partial. It is partial when the division continues in respect of certain property or persons.
Preferred Allocation
At the time of the division, some heirs can ask to be given priority certain assets of the deceased: it is preferential allocation.
Preferential allocation may concern in particular housing, cars and companies (agricultural, commercial, craft, etc.).
The surviving spouse or heir who lived in the deceased's dwelling at the time of death and who continues to reside there may apply for preferential allocation of the dwelling and its furniture.
In case of sharing by notarial act, you must pay a notary's fee. Tariffs are regulated.
Value of the property Trim Slices | Cost |
|---|---|
From €0 to €6,500 | 4.931% |
From €6,500 to €17,000 | 2.034% |
From €17,000 to €60,000 | 1.356% |
More than €60,000 | 1.017% |
Other charges may be added (fees, disbursements).
In addition, in certain shares between heirs, you have to pay a called tax right of sharing. The tax authority then takes a percentage of the value of the estate.
Request to unshare
You can go to court unsharing in the following 2 situations:
- Your agreement was extorted by violence or by deceit. This is also the case if a error was made in respect of the proportion of the rights of the beneficiaries of the division or in respect of the property included in the division. Depending on the circumstances, the court may authorize a supplementary or corrective sharing.
- You were forgotten when the estate was settled. In this case, you can also ask the court for your share in kind or in cash.
Please note
If you have given up your share after the discovery of deception, violence or error, you can no longer request the cancelation of the share.
In these 2 situations, you have 5 years from the date of sharing to make your request.
The application must be made to the court of law of the place where the succession was opened.
You need to get a lawyer.
Who shall I contact
Complement Request
You can also request an add-on in kind or in cash if you show that the lot you received is more than a quarter less than what you should have received.
To do so, you must bring the matter before the court in the 2 years according to the date of the sharing.
The application must be made to the court of law of the place where the succession was opened.
You need to get a lawyer.
Who shall I contact
Judicial sharing
Where amicable sharing is not possible (e.g. in the event of an objection by one of the indivisaries), you and the other heirs may to bring proceedings before the court the place where the succession was opened to request the division.
Who shall I contact
Please note
To be valid, your application must include a description of the assets to be shared and specify your intentions regarding the distribution of assets. Your request must also indicate your actions to try to share the property amicably.
Sharing consists in allocating to each heir property for a value equal to that of his rights in the division.
If the situation is simple, the judge orders the division.
For a complex succession, the court appoints a notary to carry out the sharing operations and a judge-commissioner to supervise these operations.
If an heir asks preferential allocation of certain assets, the judge decides on a case-by-case basis.
At any time, you and the other heirs may abandon the legal proceedings and continue the amicable sharing if the conditions are met.
You have to pay a notary's fee. Tariffs are regulated.
Value of the property Trim Slices | Cost |
|---|---|
From €0 to €6,500 | 4.931% |
From €6,500 to €17,000 | 2.034% |
From €17,000 to €60,000 | 1.356% |
More than €60,000 | 1.017% |
Other charges may be added (fees, disbursements).
You also have to pay for lawyers and other legal fees.
In addition, in certain shares between heirs, you have to pay a called tax right of sharing. The tax authority then takes a percentage of the value of the estate.
Request to unshare
You can go to court unsharing in the following 2 situations:
- Your agreement was extorted by violence or by deceit. This is also the case if a error was made in respect of the proportion of the rights of the beneficiaries of the division or in respect of the property included in the division. Depending on the circumstances, the court may authorize a supplementary or corrective sharing.
- You were forgotten when the estate was settled. In this case, you can also ask the court for your share in kind or in cash.
Please note
If you have given up your share after the discovery of deception, violence or error, you can no longer request the cancelation of the share.
In these 2 situations, you have 5 years from the date of sharing to make your request.
The application must be made to the court of law of the place where the succession was opened.
You need to get a lawyer.
Who shall I contact
Complement Request
You can also request an add-on in kind or in cash if you show that the lot you received is more than a quarter less than what you should have received.
To do so, you must bring the matter before the court in the 2 years according to the date of the sharing.
The application must be made to the court of law of the place where the succession was opened.
You need to get a lawyer.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
- Notary
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Request for sharing
Shares and lots
Preferred Allocation
Amicable sharing
Judicial sharing
Actions for annulment of the sharing
Action in addition to shares
Procedure in case of amicable sharing - person representing the heir
Procedure in the event of judicial division
Procedure in the event of judicial division - complex succession
Procedure in the case of auction (licitation) of goods
FAQ
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Ministry of Finance