Frequently asked questions about Succession

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I am sole legatee in an estate with no children or spouse. The notary says he will send a copy of the holographic will to the court registry. Is that necessary?

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…
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My married brother has just died without children or parents. Am I an heir?

No. In the absence of descendants and parents of the deceased, the surviving spouse inherits the entire estate (Art. 757-2 Civil Code). By exception, if your brother owned real estate received from your parents and still forming part of his estate, you may, under certain conditions, be entitled to half…
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I am the legatee of a sum of money in the estate of a friend. I have been waiting eight months for the payment. The notary says he must wait for the children’s approval. Why?

When the deceased leaves a specific legacy (a legatee receiving precisely designated items) and has children (forced heirs), the legatee must request delivery of the legacy from them (Art. 1014 Civil Code) to take possession of the inheritance.
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My husband was retired. He passed away and left a huge debt. I plan to renounce his succession. Am I still entitled to the survivor's pension?

Yes. By renouncing the succession of your spouse, you lose the status of heir (article 805 of the Civil Code). On the other hand, you retain the status of spouse. However, the survivor's pension is a right reserved for the spouse or ex-spouse in the event of the death of…
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I signed a preliminary sale agreement to purchase an apartment. The promisor (seller) has just passed away. Am I still bound by the agreement?

Yes. The law provides that the heirs “automatically succeed to the property, rights and actions of the deceased” (Article 724 of the French Civil Code). Therefore, your preliminary sale agreement is not void, and the seller’s heirs may continue the sale process.
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