Key Points
Multiple heirs enter automatically into indivision at the moment of death: each holds an abstract fractional share in every estate asset (C. civ. Art. 815).
Conservatory acts (actes conservatoires) may be taken by any single heir alone (Art. 815-2). Acts of administration require a two-thirds majority of shares (Art. 815-3). Disposal of assets requires unanimity.
An heir who occupies an estate property to the exclusion of the others owes an occupation indemnity to the indivision, assessed on the rental value (Art. 815-9, al. 2).
The deceased may appoint a posthumous manager by notarial deed during their lifetime — the mandat à effet posthume (Art. 812–812-7) — to administer the estate for up to two (or five) years after death.
The right to demand partition is imprescriptible (Cass. 1ère civ. 12-12-2007) but may be contractually deferred by a convention d'indivision (Art. 1873-1).
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, retrospectively. A mortgage granted by one heir over their indivision share is extinguished if the asset is allocated to another heir at partition.

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

Any heir, alone
Actes Conservatoires

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).

Two-thirds majority of shares
Actes d'Administration

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).

All heirs, unanimously
Actes de Disposition

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).

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Saisine and Individual Actions

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.

Death of an Indivisaire

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

1
Partage amiable (agreed partition)
Any form agreed by all heirs. Immovable assets require a notarial deed published at the land registry (C. civ. Art. 835). May be total (ending all co-ownership) or partial (leaving some assets in indivision). Where an heir is absent, a minor, or under protection, special rules on representation apply.
2
Partage judiciaire (judicial partition)
Where any heir refuses the amiable partition, raises contestations, or cannot be represented. The tribunal judiciaire of the place where the succession opened has jurisdiction. A notary is appointed to establish the état liquidatif and a juge commis supervises the proceedings. Prior attempts at amiable resolution must be demonstrated. The right to demand partition is imprescriptible (Cass. 1ère civ. 12-12-2007 n° 06-20.830).

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).

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Minimum Formalities: Attestation Immobilière

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.

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This 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.