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Oscar Fernandez GarciaNotary

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First steps for a liquidator

After a death everything feels urgent and almost nothing is. Here is the order in which things usually happen.

Other sheetsFirst steps for a liquidator

When printed, the on-screen explanations drop out: only the list remains, to tick by hand.

Understanding more

Before you start

Why the order of the steps matters so much

Settling an estate is a sequence of steps set by law. By following them, the liquidator and the heirs are not personally liable for the deceased’s debts; by skipping them (no inventory, no notice of closure published), the heirs may have to pay debts greater than what they receive.

Distributing too early has the same effect: before the settlement ends, taking property of the deceased counts as accepting the estate, debts included, except items with no market value (clothing, photographs).

Two things almost nobody knows

A time limit: six months from the opening of the succession to accept or renounce, extended where needed so that sixty days remain after the inventory is closed; after that, the successor is presumed to have accepted. Exempting the liquidator from the inventory can also count as acceptance.

The role can be refused, except by the sole heir, and that is decided before starting. The liquidator remains responsible, but the notary can prepare the will search, the inventory, the registrations and the declaration of transmission.

To prepare

The list to gather

In the first days

  • Obtain several copies of the death certificate.
  • Locate the will, if a copy is kept at home.
  • Do not pay the deceased’s debts before taking stock of the estate.

The verifications

  • Have a will search done in the registers of the Chambre des notaires and the Barreau.
  • Confirm your appointment as liquidator, and decide whether you accept the office.
  • List the accounts, insurance policies, retirement plans and immovables.

What comes next

  • Draw up the inventory of assets and debts.
  • File the required tax returns.
  • Prepare the transmission of any immovables.
  • Render account to the heirs before the partition.

This list is indicative. Depending on your situation, other documents may be required or some may not apply. It does not replace the instructions you will be given for your own file.

The service that covers it in detail

Official sources

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This page provides general information and does not constitute legal advice. Every situation must be assessed individually.

Next step

A question about your situation?

Write to us or call the office. We will tell you which steps to follow and which documents to prepare.

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