How does an amicable division of an estate work?

An amicable division (partage amiable) requires the agreement of all the heirs on the distribution of the assets. This procedure is faster, less costly and preserves family relationships.

Conditions and advantages of an amicable division

Requirements

1. Unanimous agreement of all the heirs on the principle and terms of the division;
2. Capacity of the parties (special authorization for minors and protected adults);
3. Respect for the equality of inheritance rights.

An amicable division avoids court delays (speed), avoids procedural costs (savings), allows greater freedom in the composition of the lots (flexibility) and above all preserves family relationships (peaceful).

Note: where an heir is a minor or a protected adult, an amicable division remains possible with the required authorizations (guardianship judge, juge des tutelles; family council, conseil de famille).

The distributable estate

It comprises:

1. The present assets: that is, the assets left by the deceased on the day of death that have not been bequeathed, and their proceeds since the death (e.g., rent received) + the assets that have replaced those sold between the death and the division (e.g., an apartment sold, the proceeds of which were used to buy another property).
2. The value of certain gifts made during the deceased’s lifetime to heirs, when they are considered an advance on their inheritance share. They are added notionally to restore equality between you.
3. The value of excessive gifts or bequests that would have encroached on the minimum protected share of the other heirs (known as the “reserved portion,” réserve héréditaire).
4. The deduction of debts and expenses, i.e.: the debts of the estate (loans, bills, taxes, etc.), funeral expenses, notary and division fees, as well as sums advanced by the heirs to settle all of this.

Valuation: The assets are valued on the date of the division according to their condition on the date of death (Article 829 of the French Civil Code).

Practical arrangements for an amicable division

If you are an heir, you are free to make up the lots; however, you must respect the equality of rights in the estate—although it is possible to make preferential allocations (attributions préférentielles) (the family home goes to the spouse, the business to the heir who runs it).

Formalities of the deed of division: it is generally made by notarial deed, which is mandatory when the estate includes real estate.

Gaëtan Escudey, a lawyer trained in international family law and mediation, assists you at every stage of the amicable division of an estate.

This general information does not replace a consultation: each situation requires individual assessment.