We have not reached an amicable agreement. How does the division of the estate take place before the judge?
Judicial division occurs when you have been unable to agree on the terms of the division of the deceased’s estate.
The principle of judicial division:
Due to the principle that “no one is required to remain in joint ownership,” you can request division at any time. Sometimes it is necessary to go to court if:
– You disagree:
o On the very principle of distribution (e.g., the status of heir);
o On the valuation of the assets;
o You disagree on the distribution of lots (e.g., contested preferential allocation)
– One of the heirs refuses to participate in the amicable division;
– One of the heirs is incapacitated (minor or adult under guardianship)
Proceedings before the court:
The proceedings are initiated by a summons before the court of the place where the succession was opened (usually the last domicile of the deceased). Representation by a lawyer is mandatory.
Once the case has been brought before the court, the court often appoints a notary as liquidator. This professional is responsible for drawing up a complete inventory of the deceased’s estate (assets and liabilities), valuing the assets comprising the estate (real estate, personal property, accounts, etc.), determining the rights of each of the heirs, and proposing the composition of the lots to be divided.
If agreement on the allocation of lots remains impossible, they will be allocated by drawing lots. However, certain requests may justify preferential allocation (e.g., for family housing or the operation of a business by one of the heirs). These requests must be justified and demonstrate a personal connection or economic benefit.
Gaëtan ESCUDEY will assist you in defending your rights in the estate, in order to legally secure all operations (liquidation, valuation, distribution), and to help you obtain a fair distribution, both in France and abroad.