Division of estate assets

Verified 22 October 2026 - Public Service / (Prime Minister)

You inherit a loved one and you wonder how his estate will be shared between the different heirs? The sharing is the act that ends indivision : each heir receives his share of the inheritance and becomes its owner individually. The division of property can be settled in a amicable or judicial (in case of disagreement between the heirs). We present you the information to know.

FYI  

The bequests are not part of the assets to be shared.

Amicable sharing

Amicable sharing assumes in principle that all heirs agree to get out of indivision.

If an heir refuses to participate in the sharing, you and the other heirs may require him, by act of the commissioner of justice (formerly act of judicial officer), to designate a person of his choice to participate in his place in the sharing.

If an heir does not give a sign of life, you and the other heirs may apply to the guardianship judge for the appointment of a representative of the absent heir. In this case, the division can be done amicably, but it will have to be validated by the judge.

If one of the heirs is a minor child or protected major, amicable sharing is possible, under special conditions. It's her legal representative who participates in the sharing.

You you must call a notary if the succession includes a real estate.

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Procedure

The division consists in allocating to each heir property for a value equal to that of his rights in the undivided property.

The heirs compose lots corresponding to the rights of each.

They shall distribute the prizes among themselves by mutual agreement or by drawing lots.

The prizes may be of unequal value provided that a sum of money (called squirrel) to the heirs concerned.

FYI  

The amicable sharing can be total or partial. It is partial when indivision continues in respect of certain property or persons.

Preferential allocation

At the time of the division, some heirs may request to be allocated in priority certain assets of the deceased: it is preferential allocation.

Preferential allocation may include housing, cars and companies (agricultural, commercial, craft, etc.).

For example, the surviving spouse may request preferential allocation of the deceased's dwelling and furniture. To do so, the surviving spouse must co-own the dwelling, live in the dwelling at the time of death and continue to reside there.

You have to pay a notary fee. Rates are regulated.

Tableau - Proportional emoluments of notaries in matters of succession division since January 2021

Value of the property

Plate slices

Cost

From €0 à €6,500

4.837% HT Gross Assets

From €6,500 à €17,000

1.995% HT Gross Assets

From €17,000 à €60,000

1.330% HT Gross Assets

More than €60,000

0.998% HT Gross Assets

Other fees may be added (fees, disbursements).

In addition, in some shares between co-heirs, you must pay a tax called right of sharing. The tax authorities then charge a percentage of the estate's value.

Request to cancel sharing

You can ask the court unsharing in the following 2 situations:

  • Your consent was extorted by violence or by deception. This is also the case if a error has been made in respect of the proportion of the rights of the beneficiaries of the division or in respect of the property included in the division. Depending on the circumstances, the court may authorize a supplementary or corrective division.
  • You were forgotten when the estate was settled. In this case, you can also claim your share from the court in kind or money.

Please note

If you have given up your share after the discovery of deception, violence or error, you can no longer request the cancelation of the share.

In these 2 situations, you have 5 years from the date of sharing to make your request.

The application must be made to the court of the place where the succession is opened.

You need to get a lawyer.

Request for supplement

You can also request a supplement in kind or cash if you demonstrate that the lot you received is less than one quarter to the one you should have received.

To do this, you must bring the case before the court in the 2 years following the date of sharing.

The application must be made to the court of the place where the succession is opened.

You need to get a lawyer.

Judicial Sharing

When amicable sharing is not possible (for example in case of opposition by one of the undivided), you and the other heirs may bring the matter before the court the place where the estate was opened to request division.

Please note

To be valid, your application must include a description of the assets to be shared and specify your intentions regarding the distribution of assets.

The division consists in allocating to each heir property for a value equal to that of his rights in the undivided property.

The rules differ according to the date of commencement of the judicial division proceedings.

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Until 31 December 2026

The rules differ depending on whether or not the court has appointed a notary clerk and a judge clerk to carry out and supervise the sharing operations.

Failure to appoint a judge and a notary

The rules differ depending on whether theclosure order has been returned or not.

The order has not been made

You and the other heirs must be represented by a lawyer until the end of the judicial division procedure.

If the case is in a condition to be tried, the court shall order the division.

If the case is not not fit to stand trialthe court shall appoint a judge and a notary.

The judge appointed is responsible for refurbishment. He also ensures the smooth running of the sharing operations carried out by the notary clerk.

The court shall fix the time limit within which the notary appointed must fulfill his mission. This period is 18 months maximum.

FYI  

If an heir asks preferential allocation of certain property, the judge appointed decides on a case-by-case basis.

The court then orders the division.

The order has been made

The court orders the division.

FYI  

If an heir asks preferential allocation of certain property, the court decides on a case-by-case basis.

Appointment of a judge and notary
General scenario

The court designated, after the refurbishment of the case, a notary appointed to carry out the sharing operations and a judge appointed to supervise these operations. The court then orders the division.

Application of the decree of October 2026

If the lawyers of the heirs request the court, by query joint, the application of decree no. 2026-964 of october 18, 2026, the following rules apply.

You and the other heirs must be represented by a lawyer until the end of the judicial division procedure.

The judge appointed is responsible for refurbishment. He also ensures the smooth running of the sharing operations carried out by the notary clerk.

The court shall fix the time limit within which the notary appointed must fulfill his mission. This period is 18 months maximum.

FYI  

If an heir asks preferential allocation of certain property, the judge appointed decides on a case-by-case basis.

The court then orders the division.

From 1 January 2027

You and the other heirs must be represented by a lawyer until the end of the judicial division procedure.

If the case is in a condition to be tried, the court shall order the division.

If the case is not not fit to stand trialthe court shall appoint a judge and a notary.

The judge appointed is responsible for refurbishment. He also ensures the smooth running of the sharing operations carried out by the notary clerk.

The court shall fix the time limit within which the notary appointed must fulfill his mission. This period is 18 months maximum.

FYI  

If an heir asks preferential allocation of certain property, the judge appointed decides on a case-by-case basis.

The court then orders the division.

Please note

At any time, you and the other heirs may abandon the legal proceedings and continue the amicable division if the conditions are met.

You have to pay a notary fee. Rates are regulated.

Tableau - Proportional emoluments of notaries in matters of succession division since January 2021

Value of the property

Plate slices

Cost

From €0 à €6,500

4.837% HT Gross Assets

From €6,500 à €17,000

1.995% HT Gross Assets

From €17,000 à €60,000

1.330% HT Gross Assets

More than €60,000

0.998% HT Gross Assets

Other fees may be added (fees, disbursements).

You also have to pay the lawyers' fees and other legal costs.

In addition, in some shares between co-heirs, you must pay a tax called right of sharing. The tax authorities then charge a percentage of the estate's value.

Request to cancel sharing

You can ask the court unsharing in the following 2 situations:

  • Your consent was extorted by violence or by deception. This is also the case if a error has been made in respect of the proportion of the rights of the beneficiaries of the division or in respect of the property included in the division. Depending on the circumstances, the court may authorize a supplementary or corrective division.
  • You were forgotten when the estate was settled. In this case, you can also claim your share from the court in kind or money.

Please note

If you have given up your share after the discovery of deception, violence or error, you can no longer request the cancelation of the share.

In these 2 situations, you have 5 years from the date of sharing to make your request.

The application must be made to the court of the place where the succession is opened.

You need to get a lawyer.

Request for supplement

You can also request a supplement in kind or cash if you demonstrate that the lot you received is less than one quarter to the one you should have received.

To do this, you must bring the case before the court in the 2 years following the date of sharing.

The application must be made to the court of the place where the succession is opened.

You need to get a lawyer.

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