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How can an estate be settled when the heir is a minor or a protected major?

Verified 11 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Where the heir of an estate is a minor or a protected adult, the settlement of the estate will vary according to the option of succession and the protection of the heir. In some cases, it will be necessary to obtain the authorization of the judge before being able to make the declaration of acceptance or waiver of the succession.

You are the representative of a minor (parent or guardian), or a protected adult (guardian, curator, authorized person). You must settle the estate on behalf of the person you represent.

You have the choice between 3 solutions. It's called estate option.. You may, on behalf of the minor or protected adult:

  • accept the succession outright,
  • or accept the estate up to net assets,
  • or renounce the succession.

Each option has different consequences for the payment of the deceased's eventual debts.

minor heir

Where the heir is a minor, the procedure for settling the estate is different depending on the option of succession.

Decision-makers

The choice of estate option belongs:

Authorization of the juvenile guardianship judge

You are the parent(s) or guardian of a minor heir. You must first request permission from Family Court Judge (Jaf) performing the duties of Juvenile Guardian Judge..

You must complete an application using a form.

Request for acceptance of the succession on behalf of a minor child

FYI  

where the minor is placed under guardianship, the authorization of the juvenile guardianship judge may replace the authorization of the family council if the value of the property is less than €50000..

You must file or send your application to the Registry of the Family Court Judge (JAF) acting as Juvenile Guardian Judge of your home court.

Once you have received the decision of authorization from the Family Court Judge (Jaf), you can simply accept the succession on behalf of the minor.

Acceptance

Acceptance can take 2 forms: express or tacit.

Expressive shape 

Express acceptance must be in writing. It can be made by private signatureor authentic.. For example, you sign and address to the notary an act of acceptance pure and simple.

Tacit shape

You carry out certain acts or steps that reveal your intention to accept the succession. For example, when you sell an item that depends on the estate, you tacitly accept outright succession.

However, you may perform certain acts without this being considered an acceptance of the succession. For example, paying for home insurance, cashing in rent, etc.

Decision-makers

The choice of estate option belongs:

Warning  

the authorization of the Family Court Judge (Jaf) is not necessary to accept the estate up to the net assets.

Declaration of acceptance

You must declare acceptance up to net assets either on free paper or using a form.

Statement of acceptance of an estate up to net assets

Estate opened after October 2017

You have the choice to send or file the acceptance statement up to net assets :: 

  • to the court registry of the deceased's last domicile
  • or notary.
Who shall I contact

The court registry publishes the statement in the Official Bulletin of Civil and Commercial Advertisements (Bodacc) so that creditors of the deceased be informed. Advertising costs shall be borne by the estate. You must advance.

You must have a notice published in a legal announcement log within 1 month of the filing of the declaration in the court registry. The journal provides you with a proof of publication or a copy of the journal, which is necessary to prove the publication and for further steps.

Succession opened before October 2017

You must then deposit it or send it to the court office of the deceased's last domicile.

The court registry publishes the statement in the Official Bulletin of Civil and Commercial Advertisements (Bodacc) so that creditors of the deceased be informed. Advertising costs shall be borne by the estate. You must advance.

You must have a notice published in a legal announcement log within 1 month of the filing of the declaration in the court registry. The journal provides you with a proof of publication or a copy of the journal, which is necessary to prove the publication and for further steps.

Decision-makers

The choice of estate option belongs:

Authorization of the juvenile guardianship judge

The renunciation of succession in the name of a minor requires the authorization of the family judge (jaf) acting as juvenile guardianship judge..

You must complete an application using a form.

Application for renunciation of succession on behalf of a minor child

FYI  

where the minor is placed under guardianship, the authorization of the juvenile guardianship judge may replace the authorization of the family council if the value of the property is less than €50000..

You must file or send your application to the Registry of the Family Court Judge (JAF) acting as Juvenile Guardian Judge of your home court.

Once you have received the authorization decision from the Family Court Judge (Jaf), you can renounce the estate on behalf of the minor by making a declaration of renunciation.

Declaration of Waiver

Succession opened before November 2017

You must complete the report using a form. The form notice shows you the list of attachments.

Waiver of an estate in the name of a minor child

You must then deposit it or send it to the court office of the deceased's last domicile.

Estate opened after October 2017

You must complete the report using a form. The form notice shows you the list of attachments.

Waiver of an estate in the name of a minor child

You have the choice to send or file the waiver:

  • to the court registry of the deceased's last domicile
  • or notary.
Who shall I contact

Heir major protected

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Trust Major

You are the guardian of an adult placed under heir guardianship.

If the estate's assets clearly exceed the liabilities, you can simply accept the estate without the judge's permission. To do so, you will need to obtain a certificate from the notary responsible for settling the estate.

In other cases, you must complete an application for an authorization to accept the estate outright at protection disputes judge using a form.

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

You must then deposit it or send it to office of the court of protection of the court of the domicile of the protected adult..

As soon as you have received the decision of authorization from the judge of protection disputes, you can accept the succession outright on behalf of the adult under guardianship.

Acceptance can take 2 forms: express or tacit.

Expressive shape 

Express acceptance must be in writing. It can be made by private signatureor authentic.. For example, you sign and address to the notary an act of acceptance pure and simple.

Tacit shape

You carry out certain acts or steps that reveal your intention to accept the succession. For example, when you sell an item that depends on the estate, you tacitly accept outright succession.

However, you may perform certain acts without this being considered an acceptance of the succession. For example, paying for home insurance, cashing in rent, etc.

Subcuratelle Major

It is not necessary to ask for the authorization of the protection litigation judge for the pure and simple acceptance of an estate by an adult under curatorship.

The principal under curatorship can accept the succession outright with the assistance of his curator.

Acceptance can take 2 forms: express or tacit.

Expressive shape 

Express acceptance must be in writing. It can be made by private signatureor authentic.. For example, you sign and address to the notary an act of acceptance pure and simple.

Tacit shape

You carry out certain acts or steps that reveal your intention to accept the succession. For example, when you sell an item that depends on the estate, you tacitly accept outright succession.

However, you may perform certain acts without this being considered an acceptance of the succession. For example, paying for home insurance, cashing in rent, etc.

Major under family authorization

You are the authorized person of an heir protected major. You must complete an application for authorization to accept the estate outright at protection disputes judge using a form.

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

You must then deposit it or send it to office of the court of protection of the court of the domicile of the protected adult..

Once you have received the authorization decision from the protection litigation judge, you can simply accept the estate on behalf of the adult under family authorization.

Acceptance can take 2 forms: express or tacit.

Expressive shape 

Express acceptance must be in writing. It can be made by private signatureor authentic.. For example, you sign and address to the notary an act of acceptance pure and simple.

Tacit shape

You carry out certain acts or steps that reveal your intention to accept the succession. For example, when you sell an item that depends on the estate, you tacitly accept outright succession.

However, you may perform certain acts without this being considered an acceptance of the succession. For example, paying for home insurance, cashing in rent, etc.

You must make a declaration of acceptance of an estate"up to net assets"if you are:

  • the heir (in the case of a curatorship or a family authorization),
  • or the heir's guardian (in the case of guardianship).

You must declare acceptance up to net assets either on free paper or using a form.

Statement of acceptance of an estate up to net assets

Estate opened after October 2017

You have the choice to send or file the acceptance statement up to net assets :: 

  • to the court registry of the deceased's last domicile
  • or notary.
Who shall I contact

The court registry publishes the statement in the Official Bulletin of Civil and Commercial Advertisements (Bodacc) so that creditors of the deceased be informed. Advertising costs shall be borne by the estate. You must advance.

You must have a notice published in a legal announcement log within 1 month of the filing of the declaration in the court registry. The journal provides you with a proof of publication or a copy of the journal, which is necessary to prove the publication and for further steps.

Succession opened before October 2017

You must then deposit it or send it to the court office of the deceased's last domicile.

The court registry publishes the statement in the Official Bulletin of Civil and Commercial Advertisements (Bodacc) so that creditors of the deceased be informed. Advertising costs shall be borne by the estate. You must advance.

You must have a notice published in a legal announcement log within 1 month of the filing of the declaration in the court registry. The journal provides you with a proof of publication or a copy of the journal, which is necessary to prove the publication and for further steps.

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Trust Major

Authorization of the protection disputes judge

You are the guardian of an adult placed under guardianship and who has the status of heir. You wish to renounce the estate in his name. You must first apply to the Protection Litigation Judge for an authorization by filling out a form.

Application for waiver of succession on behalf of an adult under guardianship

You must then file it or send it to the Registry of the Protection Litigation Judge of the court of the domicile of the protected adult.

Declaration of Waiver

Once you have obtained authorization from the protection litigation judge, you must then complete a declaration of renunciation of the estate using a form. The form notice shows you the list of attachments.

Declaration of renunciation on behalf of an adult under guardianship

You have the choice to send or file the waiver:

  • to the court registry of the deceased's last domicile
  • or notary where the deceased died before 1to November 2017.

Subcuratelle Major

You're under trusteeship. You do not need to seek the authorization of the protection litigation judge.

You must complete a declaration of renunciation of the estate using a form with the assistance of your curator. The form notice shows you the list of attachments.

Declaration of renunciation of succession by a guardianship major

You have the choice to send or file the waiver:

  • to the court registry of the deceased's last domicile
  • or notary where the deceased died before 1to November 2017.

Major under family authorization

Authorization of the protection disputes judge

You are the authorized person of an adult placed under family authorization who has the status of heir. You wish to renounce the estate in his name. You must first apply to the Protection Litigation Judge for an authorization by filling out a form.

Application for renunciation of succession in the name of an adult placed under family authorization

You must then file it or send it to the Registry of the Protection Litigation Judge of the court of the domicile of the protected adult.

Declaration of Waiver

Once you have obtained the authorization of the protection litigation judge, you must then make a declaration of renunciation of the estate using a form. The form notice shows you the list of attachments.

Waiver of succession in the name of an adult placed under family authorization

You have the choice to send or file the waiver:

  • to the court registry of the deceased's last domicile
  • or notary where the deceased died before 1to November 2017.