Probate

Estate settlement includes 4 stages
Specific formalies of probate
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 and 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.
What is the cost of settling an inheritance?
The cost of settling an inheritance can also vary considerably. A notaire can only estimate the bill once he/she has gathered all the essential information.
More information about the notaire's fee.
Claim his/her inheritance
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.
- I inherited a property during my marriage. I would like it to be included in the community of property existing between me and my wife. I do not want to make a change of diet. Is it possible to use a Property Investment Company?
- My mother-in-law died last month. She only had one son, my predeceased husband, with whom I had 2 daughters. In his estate, there is a debt due for the housing of the elderly. Should I encourage my daughters to give up the estate?
- I am married under the separation of property regime and have two children. If I die, do my children inherit all my wealth?
- A husband dies leaving his spouse, father and two brothers. How will the estate be devolved in case of renunciation of the father?