Frequently asked questions about Succession

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…

Yes, but… The law applicable to your mother’s estate is French law, since her tax residence was in France. You may choose any notary you wish, but only a French notary can file the deeds recording the transfer of ownership of your mother’s real estate with the Land Registry (Article…

No. Article 784, 4° of the Civil Code states that certain actions at the time of death cannot be considered as tacit acceptance of the inheritance. This includes " acts related to the termination of the employment contract of the deceased employer’s employee, the payment of salaries and allowances due…

No. Dividing an estate requires the participation of all heirs. The notary will suggest hiring a genealogist to locate your brother. If these efforts fail, the guardianship judge may, at your request and with supporting evidence of your brother’s disappearance, issue a judgment of presumption of absence (Art. 112 Civil…

It depends. You are exempt from filing an inheritance declaration if the gross estate assets (i.e., all your late husband’s assets without deducting debts) are valued at less than €50,000 and if he did not make any unregistered gifts to you (Art. 800 Tax Code).