Where the testator does not leave forced heirs

(1) Where the testator leaves heirs who are not forced heirs, he may authorize the executor to take charge of the estate but he shall not exempt the executor from instituting inventory proceeding. (2) Such heirs may prevent the executor from taking charge of the estate by providing to him the necessary amount to meet the expenses for the discharge of his functions. (3) Where there are no funds in the estate sufficient to meet the expenses of the executor and the heirs are not willing or are unable to advance the necessary amount, it shall be lawful for the executor to cause the sale of movables and, if the amount realized is not sufficient, to cause the sale of one or more immovables after hearing the heirs; if any of the heirs is a minor, absent person or an interdict, the sale of the movables or immovable shall be done by public auction.