Community of heirs: no one disposes of the estate alone before division
Updated on October 24, 2026
From death, the heirs who have not disclaimed own the estate in common. They form a community. None of them may alone sell estate property or withdraw an account. Urgent measures to preserve the assets may be taken. Division ends the community. It follows the Civil Code and, if there is one, the will, respecting the reserves. If the heirs do not agree, the court decides. Paying an estate bill from a personal account is settled in the division accounts. An heir does not automatically become the administrator.
Text of the Civil Code
Disclaimer is declared at the latest within three months of the heir learning of their status, before the competent authority. After that period the person is an heir and answers for the debts, subject to the statutory relief where insolvency is obvious.