The estate is meant to be the last, organized step after someone dies. Instead, one missing heir can hold everything up, from paying taxes to selling the family home, leaving siblings stuck in a financial and emotional deadlock.
When an heir says “no,” here’s why they do it:
Heirs don’t usually skip a notary’s meeting for no reason. Usually, the refusal shows that there are deeper issues or doubts.
A child of the deceased may sometimes disagree with how the assets have been valued or split up. They might think that a property has been undervalued or that some accounts, life insurance policies, or gifts made while the parent was alive have not been fully disclosed.
In other situations, the motive is more practical or personal. An heir may be living in the property and be afraid of being forced to leave. Another person might be worried about having to pay inheritance tax right away and hopes that putting off the process will put off the tax bill.
Some people just can’t deal with the stress and paperwork that comes after a death, especially if old family rivalries are coming to the surface. For the notary, the office can become a war zone where old grudges come to light.
An heir’s refusal doesn’t usually stop the estate forever, but it does make everything take longer, cost more, and be much more stressful for everyone else.
Why the whole estate can be frozen by one missing signature
In France and many other civil-law countries, an estate is first managed in “indivision,” which means that all heirs own everything together until the assets are divided.
Every heir must be involved and sign in order for a friendly, negotiated settlement to work. If even one person says no, the estate can’t be split up in a friendly way. The coheirs are still stuck in joint ownership.
The secret cost of a blocked succession
Being in indivision is not neutral. Most of the time, everyone has to agree on big decisions, like selling a house or other valuable property. That means that the heir who doesn’t work well with others gets a veto.
- You still have to pay your property taxes and insurance.
- Repairs and maintenance can’t wait forever.
- If you don’t take care of your property or the market goes down, it could lose value.
The tax authorities also want an inheritance tax return to be filed within a few months of the death (six months in France if the person who died lived there). If the paperwork is late, you may have to pay extra fees and interest. That affects all heirs, even those who work together.
If the estate has debts, the blockage can also make things worse with creditors. Banks or suppliers may demand payment, but the heirs can’t pay off the debts until the estate is properly set up.
Step one: Talk before you go to court
Notaries often try to talk to each other again before going to court. They can help by explaining each heir’s rights and responsibilities and making sure that the assets are listed and valued correctly.
Sometimes the real problem is not legal, but emotional. Family mediation can help in these situations. A neutral mediator meets with the heirs, usually one at a time and then all together, so that everyone can say what they are worried about, what they want, and what they are angry about.
Sometimes, an heir’s stubborn “no” turns into a cautious “yes” when they feel heard, informed, and less trapped by the rest of the family.
Mediation doesn’t make people feel better, but it can help them come to an agreement, like accepting an inventory, signing important papers, or appointing someone trustworthy to handle the practical side.
When talking doesn’t work, going to court
The heirs can go to court if talks and mediation don’t work.
Judicial partition: giving the issue to a judge
Heirs can ask the judicial court for a “judicial partition” of the estate. After taking control, the judge can:
| 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 notary, who is ordered by the court, redraws the inventory, suggests how to divide it up, and, if necessary, suggests selling some of the property. The judge can also decide who gets what from gifts, advances on inheritance, or whether certain costs should be paid back.
This path gets things moving again, but it comes with a cost. Court cases take longer and cost more: lawyers, extra notary work, and possible expert valuations for business or real estate assets.
Keeping the estate going without the heir who doesn’t want to
Even if one heir refuses to help, the others are not completely powerless.
Regular and protective actions
In general, the law makes a difference between:
Conservatory acts: quick actions that must be taken to avoid loss or damage, like fixing a roof in an emergency or paying for insurance.
Routine management tasks include making choices that keep the property in good shape and save money, like choosing an energy contract or doing regular maintenance.
One co-owner can usually do conservatory acts on their own because they protect the shared property. A majority threshold, like two-thirds of the indivision shares, can often be used to make routine management decisions.
The law lets a certain amount of management happen even when the estate can’t be divided yet, so that the heirs don’t fight over the assets.
If one heir’s obstruction is clearly abusive and causes harm that can be measured, the other heirs can sue them in civil court. Judges then decide if the behavior was unfair and if compensation is needed.
Real-life situations that families deal with a lot
The sibling who lives in the house is case 1:
One common pattern is that a child has been living in the deceased’s home for years, sometimes without paying rent. After the death, that child won’t do anything that might lead to a sale because they are afraid of being kicked out.
The other heirs can ask the notary to figure out an occupation indemnity, which is like rent that the estate owes. The court may ultimately decide that either the occupant buys out the others’ shares by a certain date or the property is sold, with the money going to the other owners.
Case 2: the heir who says no because they are afraid of taxes
Another common situation is when an heir wants to put off settling the estate so they don’t have to pay inheritance taxes. But the delay usually makes the bill bigger because of interest on late payments.
Notaries can figure out how much each heir owes in taxes, including any deductions or credits. Sometimes, giving the hesitant heir the exact numbers and possible payment plans makes them feel better and brings them back to the table.
Important words to explain
Indivision: a legal term that means several people own the same property together, but there is no physical separation yet. Each heir has a share, not a specific room or piece of land.
Judicial partition: a court-driven process that takes the place of family agreement. The judge and a notary chosen by the court make the division and can order sales if the parties can’t agree.
A conservatory act is a step taken only to keep the value of an asset, not to change its ownership or destination. Fixing a roof that leaks is a good idea; turning the house into a hotel is not.
How to lower the chance of a blocked inheritance
No family can avoid all conflicts, but there are ways to lower the risk of a frozen estate. Parents can leave a clear will that says who should get what property and, if possible, balance the gifts they gave while they were alive.
They may also speak openly with their children ahead of time, explaining choices and clarifying where documents are stored. When heirs know what to expect and where to find information, they are less likely to be suspicious and more likely to work together.
For heirs already facing a reluctant sibling or cousin, early advice from a notary or lawyer helps map out options: mediation, conservatory acts, or, as a last resort, court action. Choosing a path quickly can limit extra costs, protect assets and, sometimes, prevent a family dispute from becoming completely irreparable.
