In the presence of one or more real estate, estate settlement requires the use of a notary. In the absence of such property, the intervention of the notary is nevertheless recommended. Therefore, it is advisable to contact the notary of their choice who will look different stages of the succession procedure.
At first, the notary draws up the list of persons to receive the inheritance, and their respective rights. The notary draws an estimated inventory of the estate of the deceased, listing the active compound property (bank accounts, securities, furniture, and buildings) and passive compound debts.
In a second step , the notary performs mortgages and tax formalities related to the death : establishment and publication in the mortgage office of a real estate certificate for buildings ; drafting the declaration of succession and, where appropriate, payment of inheritance the tax office within six months of death; any request for deferred payment or fractional rights, etc.
In the absence of applicable international conventions and standards concerning the succession of real estate, the French authorities are responsible for the property located on the French territory.
For personal property, the French authorities have jurisdiction if the deceased, whatever his nationality, was last domiciled in France.
For personal property , even located abroad , the French authorities have jurisdiction if the deceased , whatever his nationality, was last domiciled in France .
However, in case of property situated abroad, the French authorities recognize, in principle, incompetent.
In France, in succession, the notary is competent. His intervention is required in the presence of property in the estate. It is optional but still recommended in the absence of property.
The notary draws up the list of persons called to the succession. It provides an estimated inventory of the deceased’s estate, consisting of assets and liabilities (debts) of the estate.
The notary will then carry out the mortgage and tax formalities related to the death : establishment and publication in the mortgage office of a real estate certificate for buildings ; drafting the declaration of succession…
In case of dispute, the jurisdiction and venue for the Tribunal de Grande Instance. It has exclusive jurisdiction.
The succession begins with the death of the person (Article 720 of the Civil Code).
The procedure then continues with the right option heir (Article 768 of the Civil Code).
Transmission of heritage, indeed, by operation of law upon the death but this transmission is not required.
The proof of the quality of heirs is by any means (Article 730 of the Civil Code).
It can result from an affidavit drawn up by a notary, at the request of one or more beneficiaries (Article 730-1 of the Civil Code). This act is authentic until proven otherwise (Article 730-3 of the Civil Code).
It is possible to appoint an estate agent to administer the estate (Article 814 of the Civil Code) any person (the principal) may, during his lifetime, designate one or more persons (agent) with the task of administering and managing all or part of his estate for the benefit and in the interests of one or more heirs (especially if they do not have the capacity to self-administer the estate because of their age or disability).
The representative may be an heir (Article 812 of the Civil Code). He must accept the mandate before the death of the person (Article 812-1-1 of the Civil Code).
The act must be written by a notary (Article 812 of the Civil Code) in authentic form (Article 812-1-1 of the Civil Code) or by the clerk of the District Court in the absence of a marriage contract and the provisions of last wishes.
The succession ends with the division of property. It terminates the ownership. Sharing can be friendly (Article 835 of the Civil Code) or judicial (Article 840 of the Civil Code). Any heir may request sharing (Article 815 of the Civil Code). The creditor can also cause an undivided share (section 815-17 of the Civil Code).