How to settle an inheritance when the heir is a minor or protected adult?

You are the guardian of an heir under guardianship.

If the value of the estate's assets (assets) is clearly greater than the amount of the estate's debts (liabilities), you can simply accept the estate without the judge's permission. To do this, you will need to obtain a certificate from the notary responsible for settling the estate.

In other cases, you must complete an application for authorization of pure and simple acceptance of the estate in the protection litigation judge using a form.

Application for acceptance of the succession on behalf of an adult placed under legal protection (family or guardianship entitlement)

You must then deposit it or send it to the registry of the judge for protection disputes of the court of the domicile of the protected adult.

As soon as you have received the authorization decision from the protection litigation judge, you can accept the estate purely and simply on behalf of the guardianship major.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be done by privately signed document or by authentic instrument. For example, you sign and send the notary an act of acceptance pure and simple.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you may perform certain acts without this being considered an acceptance of the estate. For example, paying home insurance, collecting rents.

It is not necessary to seek authorization from the protection litigation judge for the outright acceptance of a succession by a guardian major.

The middle man under curatorship can accept the succession purely and simply with the assistance of his curator.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be done by privately signed document or by authentic instrument. For example, you sign and send the notary an act of acceptance pure and simple.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you may perform certain acts without this being considered an acceptance of the estate. For example, paying home insurance, collecting rents.

You are the authorized person of an heir protected adult. You must complete an application for authorization of pure and simple acceptance of the estate in the protection litigation judge using a form.

Application for acceptance of the succession on behalf of an adult placed under legal protection (family or guardianship entitlement)

You must then deposit it or send it to the registry of the judge for protection disputes of the court of the domicile of the protected adult.

As soon as you have received the authorization decision from the protection litigation judge, you can accept the estate purely and simply on behalf of the adult under family authorization.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be done by privately signed document or by authentic instrument. For example, you sign and send the notary an act of acceptance pure and simple.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you may perform certain acts without this being considered an acceptance of the estate. For example, paying home insurance, collecting rents.

You have the choice to send or submit the acceptance declaration up to net assets to one of the following recipients: 

• Registry of the court of the last domicile of the deceased
• Notary

You must publish the statement in the Official Civil and Commercial Advertising Bulletin (BODAC). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. If you go through the court registry, you have to pay the amount to the court's imprest and revenue account. They will provide you with a receipt to issue the statement.

You must have a notice published in a legal listing journal within the1 month after the declaration has been lodged at the registry of the court. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and perform other steps.

You must deposit it or send it to the court registry of the last residence of the deceased.

You must publish the statement in the Official Civil and Commercial Advertising Bulletin (BODAC). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. You must pay the amount to the imprest account and the revenue of the jurisdiction. They will provide you with a receipt to issue the statement.

You must also have a notice published in a legal listing journal within the1 month after the declaration has been lodged at the registry of the court. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and perform other steps.