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The appointment of a judicial succession agent
Droit Immobilier

The appointment of a judicial succession agent

📅 Decision of 17 October 2019🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

The appointment of a judicial succession agent, provided for in Article 813-1 of the Civil Code, is not reserved for co-owned successions but is intended to apply to any succession, particularly one inherited by a universal legatee who is not in co-ownership with the other forced heirs. A court of appeal that establishes the universal legatee's inertia and default in the administration of the succession and discord between heirs may, in such circumstances, appoint a judicial succession agent.

Reference decision: cc • No. 18-23.409 • 2019-10-17 • Consult the decision →

This decision provides important insights regarding your property rights. Here's what it changes for you.

The situation

The appointment of a judicial succession agent, provided for in Article 813-1 of the Civil Code, is not reserved for co-owned successions but is intended to apply to any succession, particularly one inherited by a universal legatee who is not in co-ownership with the other forced heirs. A court of appeal that establishes the universal legatee's inertia and default in the administration of the succession and discord between heirs may, in such circumstances, appoint a judicial succession agent.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with statutory time limits for appeals
  • Keep all your supporting documents (title deeds, legal documents, correspondence)
  • Be proactive: preventive legal advice is always cheaper than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 18-23.409
  • Court: Cour de cassation
  • Decision of: 17 October 2019

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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