Why can an estate become deadlocked?
Under French law, settling an estate requires the agreement of all heirs on how the assets are divided. In practice, many situations lead to disagreements:
- Disagreement over the valuation of a property
- Challenge to a will or a gift
- Discovery of undeclared earlier gifts (concealment of estate assets, recel successoral)
- Conflict over the allocation of a specific asset (family home, business)
- One heir occupying a property belonging to the estate
Solutions to break the deadlock
Family mediation
Before going to court, mediation allows heirs to talk with the help of a neutral third party. This approach preserves family relationships and often leads to an agreement faster than court proceedings.
Amicable division
With the help of a lawyer and a notary, the heirs can reach a division agreement. The lawyer makes sure your rights are respected in the distribution.
Court-ordered division
If no agreement is possible, the case must be brought before the judicial court (tribunal judiciaire), which will order the division. The judge can:
- Appoint a notary to carry out the division
- Order an expert valuation of the assets
- Grant preferential allocation of an asset to one heir (subject to conditions)
- Order the auction sale of an asset if it cannot be divided in kind
Concealment of estate assets
If an heir has hidden assets or gifts, they face the penalty for concealment of estate assets (recel successoral): they may lose their share of the concealed assets. This is a powerful lever to restore a fair division.
Maître Durbec's support
Maître Durbec assists you at every stage: analysis of your rights, attempt at an amicable settlement and, if necessary, court-ordered division proceedings before the Grasse court.
For any question about a deadlocked estate or a dispute between heirs, the office is at your disposal.