Waiver of the estate: who takes care of the debts and property of the deceased?
Verified 28 March 2023 - Legal and Administrative Information Directorate (Prime Minister)
You renounce the estate of a loved one and wonder who should take care of the property and debts of the deceased? Here are the rules to know.
If you relinquish the estate, you are considered never to have been heir.
So you cannot receive the deceased's money and property. You don't have to pay his debts either.
However, you must participate in the payment of funeral expenses of the deceased. The deceased's bank account is blocked, but you can get the money advanced to pay the funeral within the limit of €5,000.
If you received a donation, you can keep it as long as it does not exceed available quota. However, the deceased may expressly provide that if you renounce the estate, the gift must be taken into account in the civil report. This means that you will have to compensate the other heirs if the reported value of the donation exceeds the rights you should have had in the division.
If one or more heirs accept the estate, you must let them manage the property and debts of the deceased.
Designation of Domain
If you and all other heirs renounce the estate, the Domain is designated as curator. Only he can then manage the property and debts of the deceased.
For this, a notary, the public prosecutor's office, persons managing the assets of the deceased or creditors in the event of a loss of succession, they must make an application. This request must be addressed to the court of the deceased's domicile.
Who shall I contact
Sale of the estate
The Domain First, inventory the property of the deceased to estimate the amount of the estate. He then sells the deceased's property to pay the expenses and debts of the estate.
- Accept or renounce the succession (option to inherit)Service-Public.fr
- What happens if all heirs give up an estate?Ministry of Economy
- The sale of property from vacant estatesGeneral Directorate of Public Finance