How to settle an inheritance when the heir is a minor or protected adult?
Verified 07 December 2023 - Legal and Administrative Information Directorate (Prime Minister)
Are you the representative of a minor (parents or guardian) or a protected adult (guardian, trustee, authorized person) who inherits? You must then settle the estate on behalf of the person you represent.
You have the choice between 3 solutions. That's what we call it the option to inherit. You can, under conditions, in the name of the minor or the protected middle finger, choose one of the following options:
- Simply accepting the estate
- Accepting the succession up to net assets
- To renounce the succession
Each option has different consequences for the payment of any debts of the deceased.
Minor heir
The procedure for settling the succession is different depending on the option chosen.
Who makes the decision to accept the succession altogether?
The choice of the option to inherit belongs to one of the following:
- Parent(s) with parental authority
- Guardian after agreement of the family council when the minor is placed under guardianship
How can the succession be accepted outright?
You must request permission from the protection litigation judge to accept the succession on behalf of the minor.
You must complete your application using a form.
Application for acceptance of the succession on behalf of a minor child
FYI
in the case where the minor is placed under guardianship, the authorization of the protection litigation judge may replace the authorization of the family council if the value of the property is less than €50,000.
You must file or send your application to the Registry of the Dispute Protection Judge of the Court from your home.
Who shall I contact
As soon as you have received the decision of authorization from the judge, you can accept the estate in the name of the minor.
FYI
In practice, if the amount of the estate is negative, the judge does not give his authorization.
What form should pure and simple acceptance of the succession take?
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.
Who makes the decision to accept the estate up to the amount of net assets?
The choice of the option to inherit belongs to one of the following:
- Parent(s) with parental authority
- Guardian after agreement of the family council when the minor is placed under guardianship
Warning
authorization from the protection litigation judge is not necessary to accept the succession up to the amount of the net assets.
In case of disagreement between the two parents exercising parental authority, the protection litigation judge may be seised to authorize the acceptance of up to the amount of the net assets.
How to accept the estate up to the net assets?
You must declare the acceptance up to net assets either on free paper or using a form.
Declaration of acceptance of an estate up to net assets
The following steps differ depending on whether the estate is opened before or after October 2017.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Succession opened after October 2017
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
Who shall I contact
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.
Succession opened before November 2017
You must deposit it or send it to the court registry of the last residence of the deceased.
Who shall I contact
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.
Who makes the decision to relinquish the estate?
The choice of the option to inherit belongs to one of the following:
- Parent(s) with parental authority
- Guardian after agreement of the family council when the minor is placed under guardianship
How do I renounce the estate?
1- Seek permission from the Family Court Judge
You must request permission from the protection litigation judge to relinquish the succession on behalf of the minor.
You must complete an application using a form.
Application for a waiver of the succession on behalf of a minor child
FYI
in the case where the minor is placed under guardianship, the authorization of the protection litigation judge may replace the authorization of the family council if the value of the property is less than €50,000.
You must file or send your application to the Registry of the Protection Litigation Judge of the court of your domicile.
Who shall I contact
As soon as you have received the decision of authorization from the judge, you can renounce the estate on behalf of the minor by making a declaration of renunciation.
2- Transmit the waiver declaration
Répondez aux questions successives et les réponses s’afficheront automatiquement
Succession opened before November 2017
You must first file the return using a form. The form's package leaflet tells 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 registry of the last residence of the deceased.
Who shall I contact
Succession opened after October 2017
You must file the return using a form. The form's package leaflet tells you the list of attachments.
Waiver of an estate in the name of a minor child
You have the choice to send or deposit the waiver statement to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
Protected Major
The procedures for exercising the option to inherit differ according to whether the heir is an adult under guardianship, guardianship or family entitlement.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Outright acceptance of the succession
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. For 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.
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.
Who shall I contact
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.
Acceptance of the estate up to net assets
You're the heir's guardian. You have to make a statement of acceptance of an estate up to the amount of the net assets.
You must declare the acceptance up to net assets either on free paper or using a form.
Declaration of acceptance of an estate up to net assets
The following steps differ depending on whether the estate is opened before or after October 2017.
Succession opened after October 2017
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
Who shall I contact
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.
Succession opened before November 2017
You must deposit it or send it to the court registry of the last residence of the deceased.
Who shall I contact
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.
Waiver of the estate
Succession opened after October 2017
1- Seek the authorization of the protection litigation judge
You are the guardian of an adult placed under guardianship and who inherits a succession. You want to relinquish the estate in his name. You must first apply to the protection litigation judge for an authorization by completing a form.
Request for renunciation of the succession on behalf of a guardianship adult
You must then file it or send it to the Registry of the Protection Dispute Judge of the court of the domicile of the protected adult.
Who shall I contact
2- Submit a declaration of waiver
Once you have obtained the authorization of the protection litigation judge, you must complete a declaration of renunciation of the estate using a form. The form's package leaflet tells you the list of attachments.
Declaration of surrender in the name of a guardianship major
You have the option to send or deposit the waiver statement to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
Succession opened before November 2017
1- Seek authorization from the protection litigation judge
You are the guardian of an adult placed under guardianship and who inherits a succession. You want to relinquish the estate in his name. You must first apply to the protection litigation judge for an authorization by completing a form.
Request for renunciation of the succession on behalf of a guardianship adult
You must then file it or send it to the Registry of the Protection Dispute Judge of the court of the domicile of the protected adult.
Who shall I contact
2- Submit a declaration of waiver
Once you have obtained the authorization of the protection litigation judge, you must complete a declaration of renunciation of the estate using a form. The form's package leaflet tells you the list of attachments.
Declaration of surrender in the name of a guardianship major
You must send or file the declaration of waiver at the court registry of the last domicile of the deceased
Who shall I contact
Répondez aux questions successives et les réponses s’afficheront automatiquement
Outright acceptance of the succession
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 its 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.
Acceptance of the estate up to net assets
You are the heir under the trusteeship. You have to make a statement of acceptance of an estate up to the amount of the net assets.
You must declare the acceptance up to net assets either on free paper or using a form.
Declaration of acceptance of an estate up to net assets
The following steps differ depending on whether the estate is opened before or after October 2017.
Succession opened after October 2017
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
Who shall I contact
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.
Succession opened before November 2017
You must deposit it or send it to the court registry of the last residence of the deceased.
Who shall I contact
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.
Waiver of the estate
Succession opened after October 2017
You're under a trusteeship. You don't need to seek permission from 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's package leaflet tells you the list of attachments.
Declaration of surrender of succession by a guardian
You have the option to send or deposit the waiver statement to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
Succession opened before November 2017
You're under a trusteeship. You don't need to seek permission from the protection litigation judge.
You must complete a declaration of renunciation of the estate using a form with the assistance of your trustee. The form's package leaflet tells you the list of attachments.
Declaration of surrender of succession by a guardian
You must send or file the declaration of waiver at the court registry of the last domicile of the deceased.
Who shall I contact
Répondez aux questions successives et les réponses s’afficheront automatiquement
Outright acceptance of the succession
You are the authorized person of an heir protected adult.
If you are authorized to represent the protected middle finger, you must do the steps yourself.
If you are authorized to assist the middle finger protected, you just have to accompany him to do the steps.
You or the protected adult must first complete an application for authorization of pure and simple acceptance of the estate to the protection litigation judge using a form.
It must then be submitted or sent to the registry of the judge for protection disputes of the court of the domicile of the protected adult.
Who shall I contact
As soon as you have received the authorization decision from the protection litigation judge, you or the protected adult can accept the estate outright.
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.
Acceptance of the estate up to net assets
You are the authorized person of an heir protected adult.
If you are authorized to represent the protected middle finger, you must do the steps yourself.
If you are authorized to assist the middle finger, the latter can do the steps alone.
You or the protected middle finger must make a statement of acceptance of an estate up to the amount of the net assets.
You have to declare acceptance up to net assets either on free paper or using a form.
Declaration of acceptance of an estate up to net assets
The following steps differ depending on whether the estate is opened before or after October 2017.
Succession opened after October 2017
You or the protected adult have the choice of sending or lodging the declaration of acceptance up to net assets to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
You or the protected adult must publish the declaration in the Official Bulletin of Civil and Commercial Advertisements (Bodacc). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. If you or the protected adult goes through the court registry, the amount will have to be paid to the court's imprest and revenue account. You or the protected adult will receive a receipt from the court to publish the return.
You or the protected adult 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. You or the protected adult shall receive from the newspaper a certificate of publication or a copy of the newspaper, necessary to prove publication and to carry out other procedures.
Succession opened before November 2017
You or the protected adult must deposit it or send it to the court registry of the last domicile of the deceased.
Who shall I contact
You or the protected adult must publish the declaration in the Official Bulletin of Civil and Commercial Advertisements (Bodacc). This publication informs creditors of the deceased. The costs of publishing €16 shall be borne by the estate. You or the protected adult must pay the amount to the imprest account and revenue of the jurisdiction. You or the protected adult will receive a receipt from the court to publish the return.
You or the protected adult 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. You or the protected adult shall receive from the newspaper a certificate of publication or a copy of the newspaper, necessary to prove publication and to carry out other procedures.
Waiver of the estate
You are the authorized person of an heir protected adult.
If you are authorized to represent the protected middle finger, you must do the steps yourself.
If you are authorized to assist the middle finger protected, you just have to accompany him to do the steps.
The steps differ depending on whether the estate is opened before or after October 2017.
Succession opened after October 2017
Authorization of the protection litigation judge
You or the protected adult must first apply to the protection litigation judge for a authorisation by filling out a form.
Application for a waiver of succession in the name of an adult under family authorization
It must then be filed or sent to the registry of the protection litigation judge of the court of the domicile of the protected adult.
Who shall I contact
Declaration of waiver
Once the authorization of the protection litigation judge has been obtained, you or the protected adult must make a declaration of waiver to the estate using a form. The form's package leaflet provides a list of attachments.
Waiver of the estate in the name of an adult under family authorization
You or the protected adult have the choice to send or deposit the declaration of waiver to one of the following recipients:
- Registry of the court of the last domicile of the deceased
- Notary
Who shall I contact
Succession opened before November 2017
Authorization of the protection litigation judge
You or the protected adult must first apply to the protection litigation judge for a authorisation by filling out a form.
Application for a waiver of succession in the name of an adult under family authorization
It must then be filed or sent to the registry of the protection litigation judge of the court of the domicile of the protected adult.
Who shall I contact
Declaration of waiver
Once the authorization of the protection litigation judge has been obtained, you or the protected adult must make a declaration of waiver to the estate using a form. The form's package leaflet provides a list of attachments.
Waiver of the estate in the name of an adult under family authorization
You or the protected adult must send or file the declaration of renunciation at the court registry of the last domicile of the deceased.
Who shall I contact
Who can help me?
Find who can answer your questions in your region
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
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