Frequently asked questions about Succession

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Four years ago, my siblings and I inherited our parents’ house. I am now selling my share to my sister for a price higher than the value estimated at the time of death. Will I be taxed on the capital gain?

No. The division of property resulting from an inheritance between the original co-heirs, their spouses, ascendants, descendants, or universal successors is not subject to capital gains tax (Article 150 U IV of the French General Tax Code).
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My father has just passed away. He had drawn up his own will and then entrusted it to his notary. For the settlement of the succession, is the depositary notary obliged to record the opening of the will on death and if so, within what time frame?

Yes. The law provides that the notary depositary of the holographic will, draws up a report "on the spot" of the opening and status of the will, specifying the circumstances of its deposit. The original of the will is appended to the minutes. These documents are then maintained in the…
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How can I find out if I am the beneficiary of a life insurance policy?

You can contact a notary to check the FICOVIE database or reach out to the AGIRA organization (https://www.agira.asso.fr/) which will contact various institutions managing life insurance policies. This way, you will know if you are a beneficiary and which institution holds the policy.
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We have just inherited a house through joint possession with my brothers and sisters. Is it true that we have five years to share?

No. While the Civil Code provides that partition may be requested at any given time, it does not impose a maximum duration. The co-owners can even decide to conclude an agreement of joint ownership between them relating to the management of the joint goods. Its duration is limited to 5…
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One of the co-heirs has accepted the succession but has not responded to reminders from the notary for several months. Can we still share?

Yes, but only under certain conditions. The defaulting co-owner, who is neither presumed absent nor unable to express his will due to removal, must then be given formal notice by extrajudicial act to be represented at the partition. The request must come from one of the co-sharers. If within three…
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