How to settle an estate when the heir is a protected minor or adult?

Verified 06 February 2026 - Public Service / (Prime Minister)

If you represent a minor (parent or guardian) or a protected adult (guardian, trustee, authorized person) who inherits, you must settle the succession on behalf of the person you represent.

You have a choice between 3 solutions. That's what we call the option of succession. You may, under certain conditions, on behalf of the protected minor or adult, choose one of the following options:

  • Accept the succession outright
  • Accept the estate up to the net assets
  • Renounce the succession.

Each option has different consequences for the payment of any debts of the deceased.

Minor

The procedure for settling the succession is different depending on the succession option chosen.

Who makes the decision to accept the estate outright?

The choice of the option of succession belongs to one of the following persons:

How to accept inheritance outright?

You must request permission from the family judge acting as a guardianship judge to accept the succession on behalf of the minor.

You must complete your application using a form:

Application for acceptance of the estate on behalf of a minor child

FYI  

In the case where the minor is placed under guardianship, the authorization of the judge may replace the authorization of the family council if the value of the property is less than €50,000.

You must file or send your application to the Registry of the Family Court Judge from your home.

As soon as you have received the authorization decision from the judge, you can simply accept the succession on behalf of the minor.

FYI  

In practice, if the amount of the estate is negative, the judge does not give his authorization.

What form should the pure and simple acceptance of the succession take?

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be made by deed under private signature or by authentic act. For example, you have a notary write a simple act of acceptance.

FYI  

The drafting of an authentic deed by a notary is subject to a fee.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you can perform certain acts without this being considered an acceptance of the estate. For example, pay for home insurance, collect rent.

Who makes the decision to accept the estate up to the net assets?

The choice of the option of succession belongs to one of the following persons:

Warning  

Authorization of the family judge is not necessary to accept the estate up to the net assets.

In case of disagreement between the two parents exercising parental authority, the family court judge may be asked to authorize the acceptance up to the net assets.

How to accept the succession up to the net assets?

You must declare acceptance up to net assets either on free paper or using a form.

The following steps differ depending on whether the estate was opened before or after October 2017:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Estate opened after October 2017

You have the choice to send or submit the declaration of acceptance up to net assets to one of the following recipients:

  • Registry of the Family Court Judge of the Court of the Last Domicile of the Deceased
  • Notary.

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. This copy must be sent within one month of the declaration. The service can be invoiced by the notary.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. If you go through a notary, he provides you with the necessary information to carry out the publication. If you go through the court registry, you must pay the amount to the court's imprest and revenue fund. She will provide you with a receipt with the instructions to publish the declaration.

You must have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Estate opened before November 2017

You must file it or send it to the registry of the family judge of the court of the last domicile of the deceased.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. You must pay the amount to the jurisdiction's imprest and revenue authority. She will provide you with a receipt to publish the statement.

You must also have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Who makes the decision to relinquish the estate?

The choice of the option of succession belongs to one of the following persons:

How to renounce the succession?

1- Request authorization from the family judge

You must request permission from the family judge to renounce the succession in the name of the minor.

You must complete an application using a form:

Application for renunciation of succession in the name of a minor child

FYI  

In the case where the minor is placed under guardianship, the authorization of the judge may replace the authorization of the family council if the value of the property is less than €50,000.

You must file or send your application to the Registry of the Family Judge from the court of your domicile.

As soon as you have received the authorization decision from the judge, you can renounce the succession on behalf of the minor by making a declaration of renunciation.

2- Submit the declaration of waiver

The procedures differ depending on whether the estate was opened after or before October 2017:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Estate opened after October 2017

You must make the declaration using a form:

Declaration of renunciation of an estate in the name of a minor child

The form notice shows you the list of documents to attach.

You have the choice to send or file the declaration of waiver to one of the following recipients:

  • Registry of the court of the last domicile of the deceased
  • Notary.

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. The service can be invoiced by the notary.

Estate opened before November 2017

You must first make the declaration using a form:

Declaration of renunciation of an estate in the name of a minor child

The form notice shows you the list of documents to attach.

You must then file it or send it to the court office of the deceased's last domicile.

Major protected

The procedures for exercising the option of succession differ depending on whether the heir is an adult under guardianship, curatorship or family authorization.

The procedure for settling the succession is different depending on the succession option chosen:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Pure and simple acceptance of the succession

You are the guardian of an adult under heir guardianship.

If the value of the estate's property (theactive) is manifestly greater than the amount of the debts of the estate (the passive), you can simply accept the estate without the judge's permission. For this, you will have to collect a certificate from the notary in charge of settling the succession.

In other cases, you must complete an application for permission to accept the estate outright at protection litigation judge using a form.

Application for acceptance of the succession on behalf of an adult under legal protection (family authorization or guardianship)

You must then deposit it or send it to registry of the protection litigation judge of the court of the domicile of the protected adult.

As soon as you have received the authorization decision from the Dispute Protection Judge, you can simply accept the succession on behalf of the adult under guardianship.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be made by deed under private signature or by authentic act. For example, you have a notary write a simple act of acceptance.

FYI  

The drafting of an authentic deed by a notary is subject to a fee.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you can perform certain acts without this being considered an acceptance of the estate. For example, pay for home insurance, collect rent.

Acceptance of succession up to net assets

You're the heir's guardian. You have to make a declaration acceptance of an estate up to the net assets.

You must declare acceptance up to net assets either on free paper or using a form.

Declaration of acceptance of an estate up to net assets

The following procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017

You have the choice to send or submit the declaration of acceptance up to net assets to one of the following recipients:

  • Registry of the court of the last domicile of the deceased
  • Notary.

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. This copy must be sent within one month of the declaration. The service can be invoiced by the notary.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. If you go through a notary, he provides you with the necessary information to carry out the publication. If you go through the court registry, you must pay the amount to the court's imprest and revenue fund. She will provide you with a receipt with the instructions to publish the declaration.

You must have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Estate opened before November 2017

You must file it or send it to the court office of the deceased's last domicile.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. You must pay the amount to the jurisdiction's imprest and revenue authority. She will provide you with a receipt to publish the statement.

You must also have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Waiver of succession

The procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017
1- Request the authorization of the judge of protection litigation

You are the guardian of an adult under guardianship who inherits an estate. You want to relinquish the estate on his behalf. You must first ask the protection litigation judge for authorization by filling out a form:

Application for renunciation of succession in the name of an adult under guardianship

You must then file it or send it to the registry of the protection litigation judge of the court of the domicile of the protected adult.

2- Submit a declaration of waiver

Once you have obtained the authorization of the protection litigation judge, you must complete a declaration of renunciation of the estate using a form:

Declaration of renunciation in the name of an adult under guardianship

The form notice shows you the list of documents to attach.

You have the option to send or file the waiver statement to one of the following recipients:

  • Registry of the court of the last domicile of the deceased
  • Notary.

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. The service can be invoiced by the notary.

Estate opened before November 2017
1- Request authorization from the protection litigation judge

You are the guardian of an adult under guardianship who inherits an estate. You want to relinquish the estate on his behalf. You must first ask the protection litigation judge for authorization by filling out a form:

Application for renunciation of succession in the name of an adult under guardianship

The form notice shows you the list of documents to attach.

You must then file it or send it to the registry of the protection litigation judge of the court of the domicile of the protected adult.

2- Submit a declaration of waiver

Once you have obtained the authorization of the protection litigation judge, you must complete a declaration of renunciation of the estate using a form. The form's notice shows you the list of attachments.

Declaration of renunciation in the name of an adult under guardianship

You must send or file the declaration of waiver to the court office of the deceased's last domicile.

The procedure for settling the succession is different depending on the succession option chosen:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Pure and simple acceptance of the succession

It is not necessary to request authorization from the protection litigation judge for the outright acceptance of a succession by a guardianship adult.

The adult under guardianship can accept the succession purely and simply with the assistance of its curator.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be made by deed under private signature or by authentic act. For example, you have a notary write a simple act of acceptance.

FYI  

The drafting of an authentic deed by a notary is subject to a fee.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you can perform certain acts without this being considered an acceptance of the estate. For example, pay for home insurance, collect rent.

Acceptance of succession up to net assets

You're the heir under guardianship. You have to make a declaration acceptance of an estate up to the net assets.

You must declare acceptance up to net assets either on free paper or using a form.

The following procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017

You have the choice to send or submit the declaration of acceptance up to net assets to one of the following recipients: 

  • Registry of the court of the last domicile of the deceased
  • Notary

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. This copy must be sent within one month of the declaration. The service can be invoiced by the notary.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. If you go through a notary, he provides you with the necessary information to carry out the publication. If you go through the court registry, you must pay the amount to the court's imprest and revenue fund. She will provide you with a receipt with the instructions to publish the declaration.

You must have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Estate opened before November 2017

You must file it or send it to the court office of the deceased's last domicile.

You must publish the statement to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. You must pay the amount to the jurisdiction's imprest and revenue authority. She will provide you with a receipt to publish the statement.

You must also have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. The journal provides you with a certificate of publication or a copy of the journal, which is necessary to prove the publication and to carry out other procedures.

Waiver of succession

The following procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017

You're under guardianship. You do not need to ask the protection litigation judge for permission.

You must complete a declaration of renunciation of the estate using a form with the assistance of your curator. The form's notice shows you the list of attachments.

Declaration of renunciation of the succession by an adult placed under guardianship

You have the option to send or file the waiver statement to one of the following recipients:

  • Registry of the court of the last domicile of the deceased
  • Notary

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. The service can be invoiced by the notary.

Estate opened before November 2017

You're under guardianship. You do not need to ask the protection litigation judge for permission.

You must complete a declaration of renunciation of the estate using a form with the assistance of your curator:

Declaration of renunciation of the succession by an adult placed under guardianship

The form notice shows you the list of documents to attach.

You must send or file the declaration of waiver to the court office of the deceased's last domicile.

The procedure for settling the succession is different depending on the succession option chosen:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Pure and simple acceptance of the succession

You are the authorized person of a protected adult heir.

If you are authorized to represent the protected major, you must do the steps yourself.

If you are authorized to assist the protected middle finger, you simply have to accompany him to make the steps.

You or the protected adult must first fill out an application for authorization of pure and simple acceptance of the estate at protection litigation judge using a form:

Application for acceptance of the succession on behalf of an adult under legal protection (family authorization or guardianship)

It must then be deposited or sent to the registry of the protection litigation judge of the court of the domicile of the protected adult.

As soon as you have received the authorization decision from the protection litigation judge, you or the protected adult can accept the succession outright.

Acceptance can take two forms: express or tacit.

Express form 

Express acceptance must be in writing. It can be made by deed under private signature or by authentic act. For example, you have a notary write a simple act of acceptance.

FYI  

The drafting of an authentic deed by a notary is subject to a fee.

Tacit form

Your intention to accept the estate may be revealed if you perform certain acts or steps. For example, when you sell an item that depends on the estate, you tacitly accept the estate outright.

However, you can perform certain acts without this being considered an acceptance of the estate. For example, pay for home insurance, collect rent.

Acceptance of succession up to net assets

You are the authorized person of a protected adult heir.

If you are authorized to represent the protected major, you must do the steps yourself.

If you are authorized to assist the protected adult, he can do the steps alone.

You or the protected adult must make a declaration acceptance of an estate up to the net assets.

You have to declare acceptance up to net assets either on free paper or using a form.

Declaration of acceptance of an estate up to net assets

The following procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017

You or the protected adult have the choice to send or deposit the declaration of acceptance up to net assets to one of the following recipients: 

  • Registry of the court of the last domicile of the deceased
  • Notary

You or the protected adult must publish the declaration to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. If you or the protected adult go through a notary, he provides you with the necessary information to carry out the publication. If you or the protected adult go through the court registry, you must pay the amount to the court's imprest and revenue fund. She will provide you with a receipt with the instructions to publish the declaration.

You or the protected adult must have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. You or the protected adult receive, from the newspaper, a certificate of publication or the copy of the newspaper, necessary to prove the publication and carry out other steps.

Estate opened before November 2017

You or the protected adult must file it or send it to the court office of the deceased's last domicile.

You or the protected adult must publish the declaration to the Official bulletin of civil and commercial announcements (Bodacc). This publication allows to inform the creditors of the deceased. The costs of publishing €16 are the responsibility of the estate. You or the protected adult must pay the amount to the imprest and revenue authority of the jurisdiction. You or the protected adult receive a receipt from the court to publish the declaration.

You or the protected adult must also have a notice published in a legal ad log within the period of1 month after the declaration has been lodged at the court registry. You or the protected adult receive, from the newspaper, a certificate of publication or the copy of the newspaper, necessary to prove the publication and carry out other steps.

Waiver of succession

You are the authorized person of a protected adult heir.

If you are authorized to represent the protected major, you must do the steps yourself.

If you are authorized to assist the protected middle finger, you simply have to accompany him to make the steps.

The procedures differ depending on whether the estate was opened after or before October 2017:

Estate opened after October 2017
Authorization of the protection litigation judge

You or the protected adult must first ask the protection litigation judge for a authorization by filling in a form:

Application for renunciation of succession in the name of an adult placed under family authorization

It must then be filed or sent to the registry of the protection litigation judge of the court of the domicile of the protected adult.

Declaration of waiver

Once the authorization of the protection litigation judge has been obtained, you or the protected adult must make a declaration of waiver to the estate using a form:

Declaration of renunciation of succession in the name of an adult under family authorization

The form's leaflet lists the documents to be attached.

You or the protected adult have the choice to send or file the declaration of waiver to one of the following recipients:

  • Registry of the court of the last domicile of the deceased
  • Notary.

Please note

If you send the declaration to a notary, he must send a copy of it to the court in whose jurisdiction the succession is opened. The service can be invoiced by the notary.

Estate opened before November 2017
Authorization of the protection litigation judge

You or the protected adult must first ask the protection litigation judge for a authorization by filling in a form:

Application for renunciation of succession in the name of an adult placed under family authorization

The form's leaflet lists the documents to be attached.

It must then be filed or sent to the registry of the protection litigation judge of the court of the domicile of the protected adult.

Declaration of waiver

Once the authorization of the protection litigation judge has been obtained, you or the protected adult must make a declaration of waiver to the estate using a form:

Declaration of renunciation of succession in the name of an adult under family authorization

The form's leaflet lists the documents to be attached.

You or the protected adult must send or file the declaration of waiver to the court office of the deceased's last domicile.

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