When a court steps in, it can appoint a notary to redraw the estate inventory, recommend how assets should be divided, and, if needed, propose selling certain properties. The judge may also rule on disputes involving lifetime gifts, advances on inheritance, or whether specific expenses must be reimbursed.
While this legal route can restart a stalled estate, it comes at a price. Court proceedings are usually longer and more expensive, involving lawyer fees, additional notary work, and sometimes expert valuations for businesses or real estate.
Even if one heir refuses to participate, the others are not entirely without options.
Protective and Routine Actions Explained
The law generally distinguishes between two types of acts:
Conservatory acts: urgent steps taken to prevent damage or loss, such as repairing a leaking roof or renewing an insurance policy.
Routine management acts: decisions aimed at maintaining value and reducing costs, such as arranging maintenance or selecting an energy contract.
In many cases, a single co-owner can carry out conservatory acts independently because they safeguard the shared property. Routine management decisions often require a qualified majority, for example two-thirds of the ownership shares.
This legal framework allows basic management to continue even if the estate remains undivided, preventing total paralysis.
If an heir’s obstruction is clearly abusive and causes measurable financial harm, the other heirs may bring a civil claim. A judge will then determine whether the conduct was unjustified and whether damages are owed.
Common Real-Life Disputes Between Heirs
Case 1: The heir living in the property
A frequent scenario involves a child who has been living in the deceased’s home, sometimes rent-free. After the death, that heir may resist any action that could lead to a sale, fearing eviction.
The other heirs can request that the notary calculate an occupation indemnity, similar to rent owed to the estate. Ultimately, a court may order the occupant to buy out the other shares within a set timeframe or require the property to be sold and the proceeds divided.
Case 2: The heir delaying due to tax concerns
Another common issue arises when an heir delays settlement to avoid paying inheritance tax. However, postponement often increases the total amount owed due to interest and penalties.
Notaries can calculate each heir’s tax liability, including applicable deductions or credits. Clear financial information and potential payment plans sometimes reassure hesitant heirs and encourage cooperation.
Key Legal Terms to Understand
Indivision: A legal situation in which multiple heirs jointly own the same assets without physical division. Each holds a share, not a specific portion of the property.
Judicial partition: A court-supervised process replacing a voluntary agreement. A judge and court-appointed notary oversee the division and may order sales if necessary.
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Conservatory act: An action taken solely to preserve an asset’s value, such as emergency repairs. It does not change ownership or intended use.
How to Reduce the Risk of a Blocked Inheritance
Although family disagreements cannot always be avoided, clear planning reduces the likelihood of conflict. A well-drafted will that specifies asset distribution and accounts for lifetime gifts can prevent misunderstandings.
Open communication during life also helps. When parents explain their decisions and clearly organize documentation, heirs are less likely to become suspicious or defensive.
Why One Missing Signature Can Freeze Everything
In France and many civil-law countries, estates are initially managed under indivision. All heirs collectively own the assets until formal division.
A friendly settlement requires every heir’s consent. If even one person refuses to sign, the estate cannot be divided amicably, leaving everyone in joint ownership.
| Measure | Purpose |
|---|---|
| Appoint a notary | Conduct the estate operations under judicial oversight |
| Identify points of conflict | Clarify what is disputed: valuations, gifts, debts, hidden assets |
| Name an estate administrator | Temporarily manage and protect the assets |
The Hidden Costs of a Stalled Estate
Indivision is rarely neutral. Major decisions, such as selling real estate, typically require collective agreement, effectively giving a non-cooperative heir veto power.
Meanwhile, ongoing expenses continue:
Property taxes and insurance must be paid.
Maintenance and repairs cannot be postponed indefinitely.
Property values may decline if neglected or if market conditions worsen.
Tax authorities usually require inheritance declarations within strict deadlines (for example, six months in France). Late filings can trigger penalties and interest, affecting all heirs.
If debts exist, creditors may demand payment even while the estate remains unsettled, increasing financial pressure.
Step One: Attempt Dialogue Before Litigation
Before resorting to court, notaries often attempt to reopen discussions. They clarify each heir’s rights and obligations and ensure that assets are properly inventoried and valued.
Sometimes the root problem is emotional rather than legal. Family mediation can provide a structured space for each heir to express concerns privately and collectively. Feeling heard can transform a firm refusal into conditional cooperation.
Mediation does not erase conflict, but it may result in agreements on inventories, document signing, or appointing a trusted person to handle practical matters.
When Court Becomes Unavoidable
If negotiations and mediation fail, heirs may initiate legal proceedings.
Judicial partition allows the court to assume control of the process. A judge can appoint a notary, supervise asset division, and order the sale of property when agreement proves impossible.
For heirs already facing obstruction, early advice from a notary or lawyer is crucial. Prompt action helps limit additional costs, protect estate assets, and reduce the risk of long-term, irreparable family damage.
