France’s decree no. 2026-964 of 18 October 2026, published in the Journal officiel on 20 October, rewrites the court procedure used when heirs cannot agree on how to divide an estate, known as partage judiciaire. From 1 January 2027, the court-appointed notary will have 18 months to prepare the division, every party will need a lawyer, even before the notary, and a silent or absent heir will no longer be able to stall the file alone.
It matters to any family inheriting property or company shares in France jointly. When talks fail, it is the way out, and France’s national bar council (Conseil national des barreaux, CNB) says it takes six to seven years on average. We could not open the official text on Légifrance; the rules below come from summaries by Actu-Juridique, L’Officiel des Métiers and two law firms, which agree on the main points.
What Indivision Means for French Heirs
Heirs who inherit together in France hold the estate in indivision: each owns a share of the whole, not a particular room or block of shares. The Civil Code sets three levels. One co-owner can act alone to protect a property. Management, such as letting it, needs holders of two-thirds of the rights, counted by value, not by head. Selling a building, in principle, needs everyone.
The exit is a division, or partage. If all heirs agree, a notary carries it out (partage amiable). If one refuses, another can go to court; in complex cases, the court appoints a notary to do the work under a supervising judge. That is partage judiciaire.
Why One Heir Could Block a Division for Years
The CNB blames multiple phases, a compulsory attempt at a friendly division before going to court, and weak protection for parties without a lawyer before the notary. LCP quoted Nicolas Turquois, a deputy behind the law: “today, a single co-owner can block the whole situation.” LCP’s report describes a succession open since 1973: 17 of its 18 heirs wanted to sell, and one held out.
What the Law of 7 April 2026 Changed
Law no. 2026-248 of 7 April 2026, on leaving indivision and handling vacant estates, was adopted unanimously by the Assemblée nationale on 26 March after the Senate had approved the same text, LCP reported. Two points matter:
- A wider procedure. Court division is now open to spouses, PACS partners and unmarried couples, even without an indivision when the accounts are complex, according to Actu-Juridique and the notaries’ site notaires.fr.
- A sale with a judge’s permission. A court can authorise one co-owner to sign a sale alone, but commentators describe narrow conditions, such as urgency and the heirs’ common interest. Unanimity remains the rule.
What Changes on 1 January 2027
The decree rewrites the court-division rules of the Code of Civil Procedure. As the summaries describe them:
- No compulsory friendly round first. The summons must briefly describe the estate and what the claimant wants, according to the law firm Simonnet Avocat. Judge and notary are appointed early.
- A clock for the notary. 18 months from notice of the appointment, which the supervising judge can extend for a legitimate reason, by up to six months at a time.
- A judge on call. The notary or any party can turn to the judge at any time, to order documents, adapt the notary’s mission, or rule on points such as the validity of a gift.
- Lawyers compulsory. A lawyer is required before the notary until the case ends, and the notary considers only lawyers’ written submissions (dires), not letters from heirs.
- Two months to object. Parties have at most two months to respond to the notary’s draft statement of accounts. Afterwards, only disagreements raised before the notary can be argued in court, unless the ground arose or surfaced later.
- No signature, no veto. The notary can draw up the inventory and the division deed without the parties’ signatures, and draws lots for an heir who does not attend. The court can order the division as accepted by the represented parties, preserving the absent heir’s rights.
- Fees up front. The notary states the expected fee and the deposit, which comes first out of estate funds. Any party has 15 days to challenge it before the judge; if it goes unpaid, the case can be struck off.
The clock itself is not the speed-up. Simonnet notes that the old rules gave the notary one year, extendable by up to a year, and that the new extensions are uncapped. The gains are meant to come from earlier judges, fixed windows and the end of the silent veto.
Which Cases the New Rules Cover
The decree applies to cases started from 1 January 2027. Pending cases switch over if no judge and notary have been appointed and no closing order made, or, if they have been appointed, when the parties’ lawyers ask for it jointly, with a written agreement.
What It Means for Families With French Assets
The reform shortens a fight; it does not prevent one. It covers the whole estate, company shares included, and a missed deadline can cost an argument. Such disputes tie up assets elsewhere too: in Italy, a court froze assets in the Zamparini estate while the heirs’ dispute runs. A holding company raises other issues, such as France’s debate on taxing family holdings.
A fair caveat
We could not open the decree itself, so the rules above should be checked against the official text. Some are untested: Simonnet asks what happens to a claim made in time but left off the notary’s list of disagreements.
Five lessons to take away
- Silence is no longer a veto. A notary can finish the paperwork without an absent heir’s signature.
- Deadlines now cut off arguments. A point not raised within two months may not be heard later.
- Court division stays slow and costly. The clock starts at 18 months, and every heir needs a lawyer.
- The start date of a case matters. Pending cases switch only in set situations.
- Agreement is still cheaper than procedure. The reform makes court division firmer, not friendlier, so planning succession early is the better tool.
Questions to bring to your advisors
Which of our French assets would several heirs own jointly? If one refused to sell, how long and costly would a court division be? Would a will, an agreement among heirs or a company change that, and at what tax cost? These are questions to bring to your lawyers and tax advisors, not advice.
