An inheritance that drags on or a gift with reserved usufruct that complicates a planned sale: these situations are more common than you might think and often leave heirs or the bare owner facing an apparent deadlock.
Family disagreements, a missing heir, an unresolved usufruct or an international estate can all cause delays, but these situations are rarely impossible to resolve.
This article looks at the most common causes of blocked inheritances, practical solutions for moving a property sale forward under the right conditions, and the role a real estate advisor can play at an early stage by providing an objective valuation of the property. It also provides guidance on the actual timeframes typically involved in this type of case.
In summary
- Inheritances are most commonly blocked by disagreements between heirs, a missing heir, joint ownership following a gift where the usufruct has not ended, or an international estate.
- Family mediation and the notary's role as a facilitator can help resolve most cases without going to court.
- In cases of serious and prolonged deadlock, a judge can appoint an estate administrator (mandataire successoral) to manage the estate and, in some cases, sell the property.
- A bare owner can sell a property received as a gift before the usufruct ends, but only with the usufructuary's agreement or through specific legal mechanisms.
- The time required to resolve a blocked inheritance varies considerably, from a few months for a straightforward disagreement to several years for a case involving court proceedings.
- Having the property valued by a professional at an early stage often helps provide an objective basis for discussions and prevents the deadlock from becoming prolonged.
Common Causes of a Blocked Inheritance
Before looking at how to unblock the sale of an inherited property, it is important to identify the exact cause of the deadlock. The solutions are not the same depending on whether the issue is a simple family disagreement or a more complex legal problem.
Disagreement Between Heirs Over the Sale or Price
This is the most common cause.
One heir wants to sell quickly, while another would prefer to keep the property or wait for a better price. Sometimes, the disagreement concerns the choice of real estate advisor or how furniture and belongings should be divided.
In principle, when a property is jointly owned, selling it requires the unanimous agreement of all the co-owners, unless a specific court procedure is used.
This type of tension is similar to what can happen when co-owners disagree over the sale of a jointly owned property outside the context of an inheritance. The legal mechanisms involved are very similar.
A Missing Heir or an Heir Who Delays Renouncing the Inheritance
An inheritance can remain blocked for months when one of the heirs cannot be contacted—for example, because they live abroad, have been estranged from the family for many years or their address is unknown—or when they delay deciding whether to accept or renounce the inheritance.
The notary has tools available to try to locate them. However, if there is no response, the inheritance remains unresolved until their position has been clarified, preventing the deed of partition from being signed and therefore preventing the sale.
Joint Ownership Following a Gift with an Ongoing Usufruct
When a parent makes a gift while retaining the usufruct, the children become bare owners, but the property remains subject to the usufruct until the donor dies or until an agreed date.
If several children are joint bare owners and one of them wants to sell their share, or if they all want to sell while the usufructuary is still alive, the situation becomes more complicated.
The usufructuary's agreement is required, and the sale proceeds must be divided between the bare ownership and the usufruct according to specific rules.
An International Inheritance or Complex Estate
When the deceased owned property in several countries, was a foreign national or lived abroad, private international law rules apply in addition to French inheritance law.
It is then necessary to determine which law applies to the inheritance, sometimes involve a notary or lawyer in the relevant country, and coordinate the tax rules of the different countries concerned.
A complex estate—for example, one involving an SCI, divided ownership or multiple life insurance policies—can have the same delaying effect simply because the number of documents and checks required increases.
The Specific Case of a Property Received as a Gift with Reserved Usufruct
A gift with reserved usufruct is a widely used estate-planning arrangement, particularly when transferring a main residence or rental property while retaining either income from the property or the right to live there.
However, it raises a common question: can the property be sold before the usufruct ends?
Can You Sell Before the Usufruct Ends?
Yes, but not alone.
The bare owner will ultimately own the property outright, but does not have full ownership while the usufruct remains in place.
Selling the property in full ownership therefore requires the agreement of the usufructuary, who must agree to give up their rights over the property being sold.
Without this agreement, the bare owner can only sell their bare ownership rights. This appeals to a much smaller pool of buyers and is generally sold at a significantly lower value than the property in full ownership.
The Usufructuary's Agreement and Distribution of the Sale Proceeds
When the usufructuary and bare owner agree to sell the property in full ownership, the sale proceeds are divided between them according to the respective value of the usufruct and bare ownership at the time of the sale.
A tax scale based on the usufructuary's age can be used to determine this distribution objectively.
In practice, the parties can also agree on a different distribution or decide that the usufructuary will receive an equivalent sum placed under a quasi-usufruct arrangement, with an obligation to return the amount upon death.
This arrangement must be clearly formalised by the notary to avoid future disputes, particularly between the bare owner and the usufructuary's other heirs when the latter's estate is eventually settled.
Converting the Usufruct into an Annuity to Facilitate the Sale
In some cases, particularly when the usufructuary is elderly and would prefer to receive funds rather than retain a right of use, converting the usufruct into a life annuity or lump sum can make the sale considerably easier.
This solution requires the agreement of both parties or, failing that, may under certain conditions provided for by the French Civil Code be requested from a judge.
It can often resolve a deadlock without having to wait several years.
Solutions for Unblocking an Inheritance
Depending on the cause of the deadlock, several options are available to unblock the sale of an inherited property without necessarily resorting to litigation, which remains a lengthy and costly process for everyone involved.
Family Mediation Between Heirs
Before considering legal action, family mediation is often the quickest and least expensive option.
A neutral mediator helps the heirs express their expectations, clarify the sources of disagreement—which are often linked more to emotional issues than purely financial considerations—and find a compromise acceptable to everyone.
Many inheritances are resolved simply because an independent third party reframes the discussion and proposes practical solutions, such as one heir buying out the others' shares or agreeing on a sale timetable that works for everyone.
The Notary as a Natural Facilitator of the Inheritance
The notary responsible for settling the inheritance does more than simply draft legal documents.
They frequently act as a facilitator between the heirs by explaining the legal and tax consequences of each option, proposing simulations for dividing the estate and reminding the parties of legal deadlines that may encourage them to reach a decision more quickly.
Their authority and neutrality often make them well placed to bring together positions that initially appeared irreconcilable.
An Estate Administrator Appointed by the Court
When the deadlock persists despite these efforts and the estate is at risk of deteriorating—for example, because the property is not being maintained, charges remain unpaid or the joint ownership is completely paralysed—any heir or the notary may apply to the judicial court for the appointment of an estate administrator (mandataire successoral).
This professional, appointed by the judge, is responsible for administering the estate and may even be authorised to sell the property if this is in the common interests of the heirs and unanimous agreement cannot be obtained.
This remains a last resort for situations that are genuinely deadlocked, as it involves court proceedings and longer timeframes.
How Long Does It Take to Resolve a Blocked Inheritance?
The time required varies considerably depending on the nature of the issue.
A simple disagreement over the sale price, resolved through mediation or a second property valuation, can be settled within a few weeks to a few months.
Searching for a missing heir, on the other hand, often takes several months and sometimes more than a year when extensive genealogical research is required.
An international inheritance frequently adds several months to the process, or even one to two years, while translated and legalised documents are gathered and the relevant tax authorities are coordinated.
Finally, court proceedings involving the appointment of an estate administrator can take one to two years, or even longer if the decision is challenged.
In all cases, the earlier the property's value and the proposed distribution of the estate are clarified, the faster the process can move forward once the legal obstacle has been resolved.
Work with an Optimhome Real Estate Advisor to Move Forward Despite the Deadlock
Even when the legal situation has not yet been fully resolved, a real estate advisor can become involved at an early stage to prepare for the sale.
Their first role is to provide an objective property valuation based on comparable transactions in the local area. This neutral valuation often helps resolve disagreements between heirs who have very different ideas about the property's value, sometimes based more on memories or personal beliefs than on the actual market.
You can value your property in 2 minutes using Optimhome's online property valuation tool, providing an initial basis for discussion that can easily be shared between all parties.
Beyond the valuation itself, a local real estate advisor understands the local market, potential buyers and the property's specific characteristics, such as adjoining properties, easements and any work required. This allows them to propose a realistic sales strategy as soon as an agreement between the parties has been reached.
They can also assist the heirs or bare owner with presenting the property, preparing viewings and negotiating once legal approval has been obtained from the notary or court.
Working with a local Optimhome real estate advisor can save valuable time: the sale can begin as soon as the situation is resolved, without having to wait several additional weeks to organise the sales process.
You can also browse Optimhome advisors' property listings to get a practical overview of the market and comparable properties in your area, which can often be useful when trying to convince reluctant heirs.
Conclusion
A blocked inheritance or a gift with reserved usufruct does not mean that a property has to remain unsellable for years.
In the vast majority of cases, the situation can be resolved using several clearly identified solutions:
- Identify the exact cause of the deadlock—disagreement, missing heir, ongoing usufruct or international estate—to choose the appropriate solution.
- Prioritise family mediation and the notary's role as a facilitator before considering court proceedings.
- Remember that appointing an estate administrator remains a last-resort solution, but is available in cases of serious deadlock.
- Check the conditions for agreement between the usufructuary and bare owner before any sale in full ownership.
- Have the property valued at an early stage to provide an objective basis for discussions between the heirs and prepare your property sale project as soon as the legal situation allows.
Do not hesitate to seek assistance from a notary and a real estate advisor as soon as the first signs of a deadlock appear: the earlier the situation is anticipated, the quicker it can be resolved.
FAQ
Can a Jointly Inherited Property Be Sold Without the Agreement of All the Heirs?
In principle, no. The sale of a jointly owned property requires the unanimous agreement of all the co-owners.
However, an heir holding at least two-thirds of the joint ownership rights may apply to the court for authorisation to sell, subject to strict legal conditions.
This is a regulated procedure that should only be considered after all amicable solutions have been exhausted.
How Can an Inherited Property Sale Be Unblocked if an Heir Cannot Be Found?
The notary carries out searches to locate the missing heir, including civil registry searches and, where necessary, the use of an inheritance genealogist.
If these searches remain unsuccessful after a reasonable period, solutions may be available to move forward with the undisputed parts of the inheritance.
However, the sale of the property generally has to wait until the position of each heir has been clarified, unless an estate administrator is appointed.
Can a Bare Owner Sell Their Share Without the Usufructuary's Agreement?
They can sell their bare ownership rights only, but this appeals to a limited market and generally involves a lower value than full ownership.
To sell the property in full ownership, the usufructuary's agreement is essential, with the sale proceeds then divided between the two parties.
What Is an Estate Administrator and When Are They Appointed?
An estate administrator is a professional appointed by the judicial court to manage a blocked inheritance, at the request of an heir, the notary or the public prosecutor.
They intervene when a deadlock between the heirs threatens the preservation or value of the estate and may be authorised to carry out certain actions, including a sale, in the common interest of the heirs.
Is Family Mediation Mandatory Before Going to Court?
It is not always strictly mandatory, but courts strongly encourage attempts to reach an amicable solution before starting inheritance-related litigation.
Successful mediation can avoid delays and costs that are often disproportionate to the actual issue behind the disagreement.
How Long Does It Usually Take to Resolve a Complicated Blocked Inheritance
There is no standard timeframe.
A straightforward disagreement can sometimes be resolved within a few months, while an international inheritance or a case involving court proceedings may take one to two years.
The key factor is how quickly the parties agree to enter into discussions or, failing that, how quickly a solution such as appointing an estate administrator can be put in place.
Can a Real Estate Advisor Become Involved Before the Inheritance Is Fully Settled?
Yes, and this is often useful.
Obtaining a realistic property valuation at an early stage helps the heirs discuss the situation on a common basis. The advisor can also prepare the sales strategy so that the property can be marketed without further delay as soon as an agreement between the parties or court authorisation has been obtained.
The same type of support can be useful when selling a parent's home after they move into a nursing home, where anticipating the process can considerably simplify the steps that follow, as well as when selling an inherited property in a more conventional situation
Author :
Fabrice DOBROWOLSKI - Optimhome Network Development Director
Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.
