Waiver of succession: who looks after the deceased's debts and property?
Verified 25 February 2021 - Legal and Administrative Information Directorate (Prime Minister)
Additional cases ?
If give up the estate, you are considered to have never been heir.
You cannot receive the money and property of the deceased. You don't have to pay his debts either.
The only exception concerns participation in funeral payment of the deceased. The deceased's bank account is blocked, but you can get the money back to pay the funeral within €5 000.
An heir accepts the estate
If one or more heirs accept the estate, you must let them manage the deceased's property.
All heirs give up the estate
If all heirs have given up the estate, they must have the Domain as curator. Only he can manage the deceased's assets and debts. The application must be made to the court of the deceased's domicile.
Who shall I contact
Property in the dwelling of the deceased
Only the curator can make an inventory of the deceased's furniture, including those without value. Upon appointment, the heirs must provide him with the deceased's personal belongings, including his written documents. Indeed, they may contain important information about his estate (his will for example).
Vehicle of the deceased
The heirs cannot move or sell the deceased's vehicle. Only the curator can do it.
- Civil Code: Articles 804 to 808Waiver of succession
- Civil Code: Articles 809 to 809-3Opening of vacancy
- Civil Code: Articles 810 to 810-6Curator's powers
- Civil Code: Articles 810-7 to 810-12End of Curatelle