What Is Indivision Successorale?
When two or more heirs survive the deceased, they become co-owners of the entire estate from the moment of death, without any formality. This is the indivision successorale: each heir holds an abstract proportional fraction of every asset — not a physical portion of any particular asset (C. civ. Art. 815). It is not a legal entity: the indivision has no separate legal personality. The heirs act as co-owners and are personally liable for the estate's debts in proportion to their shares.
Indivision only arises between holders of rights of the same nature. Where the surviving spouse holds a universal usufruct and the children hold bare ownership, there is no indivision between the spouse and the children — their rights are of different natures. There may, however, be indivision among the children in respect of their bare ownership shares (Cass. 1ère civ. 15-5-2013 n° 11-24.217).
The Three Tiers of Acts in Indivision
Measures necessary or useful to preserve the estate assets. No urgency is required. Examples: taking out building insurance; making urgent repairs; serving a formal notice on a debtor; filing a preservation mortgage; initiating proceedings to reclaim estate property from a third party. All heirs benefit from conservatory acts, even if only one heir acts (C. civ. Art. 815-2).
Management and day-to-day administration of estate assets. Examples: granting or renewing a lease; undertaking non-urgent works; concluding management contracts. A majority of 2/3 of shares (not heads) suffices. The decision binds the minority, who must be notified but need not consent (C. civ. Art. 815-3).
Sale, mortgage, donation or any act that transfers or encumbers estate assets. Unanimity of all co-heirs is required. One heir cannot sell an indivision asset alone. The court may substitute its authority for a blocking heir's refusal in exceptional circumstances (C. civ. Art. 815-5).
Each heir has the saisine — immediate legal possession of the estate from the moment of death — and can exercise all of the deceased's rights and pursue all of the deceased's court proceedings individually, without needing the consent of their co-heirs. Any heir may pursue an action that was commenced by the deceased, or commence a new action to protect an estate right, acting alone. The co-heirs benefit from a successful outcome even though they did not participate.
Accounts between Co-Heirs
Occupation indemnity
An heir who occupies an estate asset to the exclusive use of that heir, preventing the other heirs from using it, owes an occupation indemnity to the indivision (C. civ. Art. 815-9, al. 2). The indemnity is assessed on the rental value of the asset, not on the actual financial benefit to the occupying heir. It is owed to the indivision (not directly to the co-heirs) and must be included in full in the partitionable mass — it is not pro-rated by the co-heirs' shares (Cass. 1ère civ. 4-6-2007 n° 05-21.842). No indemnity is owed where the other heirs are not actually excluded, where the heir pays a lease for the use, or where the heir has opposed reletting at the departure of a tenant (Cass. 1ère civ. 6-7-2011 n° 10-21.423). The indemnity is due even if the asset is not income-producing: the obligation arises from the private enjoyment of a collective right, not from lost income.
Conservation and improvement expenses
An heir who spends their own funds on conservation or improvement of an estate asset acquires a personal claim against the indivision for reimbursement (C. civ. Art. 815-13). For conservation expenses (necessary): reimbursement equals the higher of the amount spent and the value-added to the asset. Examples include: loan repayments on a mortgage for the estate property (Cass. 1ère civ. 20-1-2010 n° 08-19.739); building insurance premiums; and property taxes. For improvement expenses (useful but not essential): reimbursement is calculated on the value added to the asset at the partition date. An heir who carried out works personally cannot claim an improvement indemnity for their own labour but may claim remuneration for management services rendered to the indivision under C. civ. Art. 815-12. Where an heir caused deterioration through their fault, they must compensate the indivision for the loss of value.
Rights of Creditors
Creditors of the deceased
Each debt of the deceased divides automatically between the heirs in proportion to their succession shares (C. civ. Art. 873). Creditors may pursue each heir separately for their share of each debt. They may also request payment from the indivision assets before partition, and exercise a preferential claim (droit de préférence) over the estate assets against the heirs' personal creditors (C. civ. Art. 878). This preference over movables prescribes in two years from the death; over immovables, it subsists as long as the heir owns the property and may be secured by a hypothèque légale spéciale (C. civ. Art. 2402, 6°).
Personal creditors of an heir
A personal creditor of one heir cannot seize that heir's fractional share in any specific indivision asset — the share is abstract and not attached to any particular asset (C. civ. Art. 815-17, al. 2). However, they may take security over the heir's undivided share, apply to provoke partition in the heir's name, or intervene in a partition already provoked (C. civ. Art. 815-17, al. 3). The co-heirs may block the creditor's partition action by paying the debt themselves, with the right to be reimbursed from the indivision assets.
The Mandat à Effet Posthume
A person may, during their lifetime, appoint one or more persons to administer all or part of their estate after their death for the benefit of identified heirs — this is the mandat à effet posthume (C. civ. Art. 812–812-7). It is particularly useful where the estate includes a business, professional assets, or a portfolio requiring specialist management; where the heirs are minors or protected adults. The mandate must be justified by a serious and legitimate interest relating either to an heir's personal circumstances or to the nature of the estate assets (C. civ. Art. 812-1-1, al. 1). It must be given and accepted in notarial form before the death, and the mandatary must accept before the mandant dies.
The mandate takes effect at death and lasts a maximum of two years by default, extendable by the court. Where the estate includes a business requiring specialist management, or where the heirs include a minor or a protected adult, the duration may be up to five years, also extendable (C. civ. Art. 812-1-1, al. 2). The mandatary may perform conservatory and administrative acts but may not dispose of estate assets without the heirs' agreement. The mandatary's remuneration (if provided for in the deed) is deductible for inheritance tax purposes up to 0.5% of the managed estate, capped at €10,000, provided it is definitively determined within six months of death (CGI Art. 775 quinquies).
Vacant Successions
A succession is vacant where no one claims it, all known heirs have renounced, or no heir has exercised their option within six months of the death (C. civ. Art. 809). The court then appoints the Direction nationale d'interventions domaniales (DNID — the State assets authority) as curator. For the first six months, the curator may only take conservatory acts and sell perishables. Thereafter, they administer fully, sell assets to meet debts, and pay creditors in order of their security. Heirs who present themselves within the ten-year option period may reclaim whatever net assets remain.
Convention d'Indivision
The heirs may, by mutual agreement, establish a convention d'indivision to regulate the management of the estate during the indivision period (C. civ. Art. 1873-1). The convention must be in writing and identify the indivision assets and each heir's share. Where it covers immovable property, it must be notarised and published at the service de la publicité foncière. The convention may be for a fixed term (maximum five years, renewable) or for an indefinite period. For a fixed term, the right to demand partition is suspended for that period. The convention may designate a gérant to administer the indivision.
Where an indivisaire dies, their rights pass to their own heirs, who join the indivision. To avoid this — particularly where original indivisaires wish to keep the circle of co-owners stable — the convention d'indivision may provide that the surviving indivisaires have a right to purchase the deceased's share, or that the surviving spouse or a designated heir may be attributed that share (C. civ. Art. 1873-13).
Liquidation and Partition
Liquidation is the set of accounting operations — intellectually prior to partition — that quantify the rights of each person with a claim on the estate mass. It determines each heir's share after accounting for: the matrimonial property regime; rapportable gifts; debts between heirs and the succession; occupation indemnities; conservation and improvement claims; and any testamentary legacies or reductions needed to protect the reserve. The assets to be partitioned are valued at the date of jouissance divise (the effective partition date), not at the date of death (C. civ. Art. 825).
Forms of partition
Effect of partition: declaratory retroactivity
Partition has a declaratory effect: each heir is deemed to have been the exclusive owner of the assets allocated to them from the moment of death, and never to have owned any share in the assets allocated to the others. A mortgage granted by one heir over their indivision share only survives if that heir is actually allocated the relevant property at partition. If the asset is allocated to another heir, the mortgage is retrospectively extinguished (Cass. 1ère civ. 10-7-2013 n° 12-20.885).
Where the estate includes real property, an attestation immobilière de propriété must be drawn up by a notary and published at the service de la publicité foncière to record the transmission of title to the heirs. This is a minimum formality required independently of liquidation and partition — it must be established regardless of whether the estate is eventually partitioned or remains in indivision.
Our guides cover every stage of a French succession: from the option successorale and indivision management through to liquidation and partition of estate assets.
Book a ConsultationThis article is provided for general informational purposes only and does not constitute legal advice. French succession and indivision law is complex and time-sensitive. The rules described apply to successions opened on or after 1 January 2007. Cross-border estates may additionally be subject to EU Succession Regulation No. 650/2012. Readers should consult a qualified French lawyer before taking any steps in connection with a French estate.
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Get Legal AdviceKey Legal References
Indivision successorale: multiple heirs become co-owners of the entire estate from the moment of death without any formality; each holds an abstract proportional fraction of every asset; not a legal entity. Indivision only arises between holders of rights of the same nature (no indivision between usufruitier and nu-propriétaires)
Conservatory acts (actes conservatoires): any single heir alone may take measures necessary or useful to preserve estate assets; no urgency required; all heirs benefit
Acts of administration: 2/3 majority of shares (not heads) required; decision binds minority who must be notified but need not consent; court may substitute its authority for a blocking heir’s refusal in exceptional circumstances (Art. 815-5)
Occupation indemnity: heir who occupies an estate asset to the exclusive use of that heir owes an occupation indemnity to the indivision, assessed on the rental value of the asset (not the actual financial benefit). Owed to the indivision (not directly to co-heirs); included in full in partitionable mass. Due even if asset is not income-producing
Conservation and improvement expenses: heir who spends own funds on conservation or improvement of an estate asset acquires a personal claim against the indivision for reimbursement. Conservation expenses: higher of amount spent and value-added. Improvement expenses: value added to the asset at the partition date. Personal labour not compensable as improvement indemnity; may claim remuneration for management services under Art. 815-12. Deterioration through heir’s fault: heir must compensate the indivision for loss of value
Personal creditors of an heir: cannot seize heir’s fractional share in any specific indivision asset (abstract share, not attached to any particular asset); may take security over the undivided share, apply to provoke partition, or intervene in an ongoing partition. Co-heirs may block creditor’s partition action by paying the debt themselves
Division of debts between heirs: each debt of deceased divides automatically between heirs in proportion to their succession shares. Creditors of deceased have preferential claim over estate assets against heirs’ personal creditors (preference over movables prescribes 2 years from death; over immovables subsists as long as heir owns the property)
Mandat à effet posthume: appointment during testator’s lifetime (notarial form; mandatary must accept before mandant dies) to administer estate after death. Must be justified by serious and legitimate interest relating to heir’s personal circumstances or nature of estate assets. Default duration: 2 years (extendable by court). Extended duration up to 5 years where estate includes business requiring specialist management or heirs include minor or protected adult. Mandatary may perform conservatory and administrative acts but not dispose of estate assets without heirs’ agreement. Remuneration (if in deed): deductible for inheritance tax up to 0.5% of managed estate, capped at €10,000, determined within 6 months of death
Convention d’indivision: written agreement identifying indivision assets and each heir’s share; immovable property requires notarial deed and publication. Fixed term (maximum 5 years, renewable) — right to demand partition suspended. Indefinite term — partition may be demanded at any time but not in bad faith. May designate a gérant to administer the indivision. Death of an indivisaire: convention may provide right of purchase or attribution of deceased’s share to surviving indivisaires (Art. 1873-13)
Partitionable mass: all existing estate assets at death with accrued income + value of rapportable and reducible gifts + sums owed by co-heirs to the deceased or to the indivision. Assets valued at the date of jouissance divise (effective partition date), not at date of death
Partition forms: amiable partition — any form agreed by all heirs; immovable assets require notarial deed published at land registry (Art. 835). Judicial partition (partage judiciaire) — where any heir refuses, raises contestations, or cannot be represented; tribunal judiciaire jurisdiction; notary appointed to establish état liquidatif. Right to demand partition is imprescriptible. Partition has declaratory effect: each heir deemed exclusive owner of allocated assets from moment of death, retrospectively
