Claiming a Succession
Successors who have renounced the succession can no longer intervene in the liquidation. However, they retain their right to accept it for 10 years from the day that right arose, provided the succession has not been accepted by another. In such a case, the successor becomes a heir and takes the succession in its actual condition at that time and subject to the rights acquired by third persons in the property of the succession.
The heir must then ask a notary to draft a notice of retraction of the renunciation that must be published in the RDPRM. The heir must also complete form BD-81.10-V, Succession Claim. Note that other documents may be requested in certain circumstances.
The renunciation can also be retracted by judicial declaration accepted by a judge. The notice of retraction must be published in the RDPRM.
A person who did know that he or she was a successor or has not made that fact known can also claim the succession within 10 years from the day his or her right arose. Once that period has expired, the person is deemed to have renounced the succession.
An heir who claims the succession before the end of the liquidation takes it in its actual condition.
If funds remain after the succession has been liquidated and all creditors reimbursed, the funds are remitted to the State (into the Generations Fund). However, any person who can prove that he or she is an heir within 10 years following the opening of the succession (or the day on which the person's right arose) can claim the balance of the succession.
For any questions concerning family patrimony, contact your legal adviser or refer to the Ministère de la Justice website.