1. The Deed of Notoriety
The deed of notoriety is a notarial document that lists the persons entitled to inherit the estate and, where applicable, sets out their respective rights. It does not always imply acceptance of the estate.
It allows heirs to prove their status to third parties (such as banks, for example).
To draw it up, the notary needs documents identifying the heirs and family members concerned by the estate (wills, birth certificates, family record book, marriage contract, divorce judgment, etc.).
The notary systematically consults the Central Register of Last Wills (FCDDV) to determine whether the deceased made any dispositions (will, spousal gift).
2. The Complete Assessment of the Deceased’s Assets
The complete assessment of the deceased’s estate includes the identification and valuation of:
- All the deceased’s assets, including in particular bank accounts, securities, personal property, real estate, etc.: the estate assets
- The deceased’s debts: the estate liabilities
For this purpose, the heirs must provide all documents (title deeds, bank statements, savings account statements, invoices, loan offers, etc.) enabling the notary to assess the estate’s assets and liabilities, and inform the notary of transactions previously carried out by the deceased (purchases, sales, exchanges, company formations, gifts, etc.).
The notary consults:
- The FICOBA register to obtain the list of bank accounts opened in the deceased’s name
- The FICOVIE register, subject to being mandated by a potential beneficiary, to identify life insurance policies taken out by the deceased for the benefit of the client
Depending on the case, the notary prepares either a simple statement of assets or a formal inventory.
3. In the Presence of Real Estate: The Property Certificate
The notary prepares and publishes a property certificate with the Land Registration Service (Service de la publicité foncière – SPF) for real estate assets.
The certificate is not required if the notary prepares and publishes a deed of partition within ten months of the death (Decree No. 55-22 of January 4, 1955, Article 29, paragraph 4).
This certificate formalizes and, through its publication, notifies third parties of the transfer of ownership of the real property following the death, in favor of the heirs who have accepted the estate.
4. The Inheritance Tax Return and Payment of Inheritance Tax
Any heir who accepts the estate must file an inheritance tax return, even if no tax is due.
By exception, the following are not required to file an inheritance tax return:
- Direct heirs (for example, children), the surviving spouse, or the surviving civil partner, when:
- The gross estate is less than €50,000; and
- They have not previously received from the deceased any unregistered or undeclared gift or manual gift
- Other heirs when the gross estate is less than €3,000.
The notary who drafted the documents files the return with the tax registration office and, where applicable, pays the inheritance tax within six months of the death (one year if the death occurred outside France).
5. The Partition
From the date of death, the heirs jointly own the estate property under a regime of co-ownership (indivision).
They may decide to divide the estate and thus fully or partially terminate the co-ownership, or they may choose to remain in co-ownership.
If they decide not to divide and to remain in long-term co-ownership, it is advisable to organize its management in a notarized co-ownership agreement.
However, if co-ownership is considered too restrictive, the heirs may decide at any time to divide all or part of the assets.
Partition may be amicable or judicial:
- It is amicable if all heirs agree on both the principle and the terms
- It is judicial in the event of persistent disagreement (for example, regarding the composition of the lots or their valuation)
The notary cannot settle disputes between heirs. In such cases, the parties must apply to a judge, which results in additional time and costs.