One of the co-heirs has accepted the succession but has not responded to reminders from the notary for several months. Can we still share?

Yes, but only under certain conditions.
The defaulting co-owner, who is neither presumed absent nor unable to express his will due to removal, must then be given formal notice by extrajudicial act to be represented at the partition.

 

The request must come from one of the co-sharers.
If within three months of the formal notice, he has not appointed a representative, article 837 of the Civil Code provides that one of the co-partners may ask the judge to appoint any qualified person to represent the defaulting co-sharer, until the complete realization of the partition.


The judge agrees Yes, but only if the net assets of the estate exceed 39,000 euros (art. D.815-4 of the Social Security Code). The net estate assets correspond to the difference between the gross assets, consisting of the property, rights and claims belonging to the deceased and the debts for which he was liable at his death.