Can heirs designate a person to manage the estate?

Verified 09 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the heirs may designate a representative to manage the succession. The agent may be appointed by the heirs: treaty mandate. It can also be designated by the judge if there is a freeze in the settlement of the estate or if an heir has accepted the estate up to the amount of net assets. This is called judicial mandate of succession.

Treaty agent

The heirs may appoint as their agent the person of their choice (one of them or any other person).

All heirs must agree to appoint an agent.

The warrant may be issued by notarial deed or by deed under private signature.

The trustee's task is to settle the estate of the deceased.

He must be accountable to the heirs for his management.

The heirs shall determine the term of office. It may be determined or indeterminate.

The trustee's mission is not paid. However, heirs may provide for his remuneration in the mandate.

If the remuneration exists, it is the responsibility of the heirs.

Judicial estate agent

An estate agent may be appointed by the judge in the event of the estate being blocked (disagreement between the heirs, complex succession, etc.).

FYI  

When at least one heir has accepted the estate up to the amount of net assets, the appointment of a representative by convention is no longer possible. In this case, the heir who has accepted the estate up to the amount of the net assets may apply to the court for the appointment of a judicial agent to administer and liquidate the estate.

The appointment of a judicial estate agent may be requested by any interested person (heir, creditor, public prosecutor's office).

The application must be made to the court of the deceased's domicile.

Who shall I contact

The court shall make its decision in accordance with the accelerated procedure on the merits. This procedure allows the judge to make a quick and final decision.

The judge may appoint as an estate agent any qualified person. It can be an heir or a third party.

The judicial estate agent shall be responsible for provisionally settling the succession.

He carries out the protective measures (payment of debts, payment of taxes, collection of income, etc.).

The judge may authorize him to perform other types of acts (for example, the sale of real estate).

The judge shall determine the duration of the mission.

The term of office shall end if the heirs sign:

The assignment shall also cease when the court finds that the task entrusted to the estate agent has been carried out in full.

The judge shall fix the remuneration of the estate agent.

It is the responsibility of the heirs.

Who can help me?

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  • For general information

    Notarial information

    Information service of notaries of France. This service does not offer personalized consultations.

    By telephone

    0 892 011 012

    Open Monday to Thursday from 9:30 am to 6 pm and Friday from 9:30 am to 5 pm

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  • To appoint a judicial representative

    Judicial Tribunal

  • For information

    Notary

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