MANAGING A VACANT ESTATE

Managing a vacant estate

When a person dies without any heirs coming forward, or when heirs renounce their inheritance, the estate can then be described as vacant.

Managing a vacant estate is a twofold challenge. On the one hand, the aim is to protect the deceased's assets against any deterioration or spoliation. Secondly, it ensures that creditors can be paid.

Although rare, this situation raises complex legal issues. In particular, those relating to the management of assets left by the deceased.

What is a vacant estate?

An estate is said to be vacant when no one claims to be the heir, either because no heir has been identified, or because the known heirs renounce the estate, or because at the end of a period of 6 months from the opening of the estate, no heir has been identified. estateNo heir has expressly or tacitly accepted the succession.

This can also happen if the heirs are deceased or cannot be found. It should be noted that renunciation of an inheritance cannot be presumed. It is strictly governed by theArticle 804 of the Civil Codewhich requires an explicit declaration to be made to the court registry.

The role of the judicial administration

Once an estate has been declared vacant, the court in the place where the estate was opened organises its management. It appoints a curator, who is responsible for :

-. Inventory of assets. All the deceased's assets and liabilities must be inventoried in order to assess the state of the estate. This inventory is carried out by a commissioner of justice, a notary or a sworn official belonging to the administration in charge of the estate;

-. Property conservation The curator oversees the day-to-day management and security of property and personal property;

-. Payment of debts. Creditors are invited to come forward and their claims are honoured to the extent of available assets.

During the six months following the opening of the estate, the curator may only :

-purely conservatory or supervisory acts,

-acts of provisional administration and the sale of perishable goods.

Liquidation of the estate

The mission of the curator of a vacant estate ends once all the claims listed in the settlement proposal have been paid in full.

If any assets, if not funds, remain after the liquidation of the debts (liquidation surplus), they are deposited with the Caisse des dépôts et consignations.

If no heir comes forward to claim the estate within the legal time limit, the estate may be considered to be escheated. This allows the State to take possession in accordance with the legal provisions.

The curator's mission also ends if heirs come forward and claim their rights to the estate. It should be noted that a potential heir has ten years from the death of the deceased to exercise his right to claim, failing which he is forfeited. Regardless of the circumstances in which the curator's duties come to an end, he or she is required to submit a detailed report on his or her management to the court, which will check that it is in order and approve it.