Probate

To do this, the notary needs the relatives of the deceased to provide the documents needed to identify the family members concerned by the inheritance (family record book [livret de famille], marriage contrac­t, divorce ruling, etc...).

The notary also needs to receive any documents in which the deceased named one or more persons to receive all or part of his/her inheritance: Wills and gifts between spouses.

The notaire also queries the Central Registry of Wills.

• drawing-up and publication, in the land registration service, of an estate certificate (transferring the ownership to the heirs),
• drafting of a statement of inheritance together with payment of any inheritance tax to the tax office within six months from the death, and any application for deferred or staggered payment of the taxes.

At this point in the process, the heirs may decide whether or not to divide all or some of the assets .

Along with these stages which are common to all cases of inheritance , they may also be specific formalies.

• The presence of a minor child or protected adult (under guardianship or supervision) among the heirs may require a board of guardians and family members to be convened, the guardianship judge to be consulted or their authorisation to be obtained. These formalities may take several months.
• In addition, certain types of assets such as businesses, farms or companies the operations of which must be maintained or transferred, require special formalities
• it is sometimes necessary to appoint an assessor or court-appointed administrator.
• Finding an unknown heir or legatee sometimes requires the services of a genealogist whose shall make his investigation whose duration is often not predictable.

Many other factors can affect the settlement of an inheritance such as how good the relations are between the heirs, how large the estate and its debts are, the existence of foreign heirs or property located abroad. All these factors can influence how long it takes for an inheritance to go through probate.

Since 2007, an heir can claim his/her inheritance for 10 rather only instead of 30 years. 

Four months after a death, notice to decide may be served on heirswho have not come forward.

The heirs may undertake certain types of day-to-day management (such as paying rent, bills, etc. without formally accepting theirinheritance, i.e.) without making themselves personally liable for all the debts.

In the event of unforeseen liabilities being discovered that are a serious burden on an heir's inheritance, the courts may authorise anheir to withdraw his/her acceptance.

The procedure of accepting inheritance up to a ceiling of the net assets means that an heir is only liable for debts up to the totalassets inherited.

Where undivided shares are concerned, simple decisions can be passed on a two-thirds majority rather than unanimity being required.

In order to divide the assets, a representative may be appointed to replace a co-owner who refuses to acknowledge his/her fellow heirs’ requests.

Where there is significant disagreement between the heirs, a legal representative may be appointed with powers set by the courts. These powers may include selling off the assets of the inheritance.

Measures permit the division of property remaining in joint ownership . The aim is to get out of joint ownership more easily and to avoid recourse to the courts.