French Probate / French Succession
When a loved one dies, it is always a very difficult time emotionally. Add to this having to deal with the complexity of a French probate, French inheritance Law and taxes, which are different from that in the UK. and the language barrier, then this could seem like an unsurmountable task.
At French property Legal Services, we have over 20 years of experience dealing with complex French probates. We will be able to take the worry away by dealing on your behalf with the deceased’s French estate.
The French probate process
A French notaire will have to be involved since they have a monopoly over the transfer of ownership of a French property. We can either appoint the notaire who dealt with the property’s purchase or appoint one of our contacts who is familiar with dealing with a French probate involving a British national.
The notaire will need numerous documents from you, such as a copy of the deed; copy of the deceased’s death certificate; copy of the heirs/legatees’ birth certificates, etc. We will assist you in providing these documents to the notaire and confirm to the notaire that documents such as a livret de famille (providing proof of the number of children the deceased had and confirming the children’s identity) do not exist in the UK, and provide an alternative solution.
Once the notaire has received all the documents, the searches will start, and the probate would then take an average of 5 months to complete.
Upon receipt of the searches, the notaire will draft the deeds for the probate such as the acte de notoriété deed which confirms who are the legal heirs and in which portion they are inheriting; the attestation de propriété will be the new deed to the property and shows who are the legal heirs and new owners of the property; the déclaration de succession is the tax declaration for the probate – it is compulsory whether there are any French inheritance taxes due or not.
Once these deeds are signed, the probate is completed.
French Property Legal Services provides advice and assistance on all aspects of French Probate / French Succession:
• Appointing and liaising with the notaire
• Assembling the file for the notaire
• Organising a valuation of the property if appropriate
• Actively chasing the notaire to speed up completion of the probate
• Advising you on the documents needed
• Reviewing and providing you with a detailed report on each of the deeds, namely: acte de notoriété; the attestation de propriété and the déclaration de succession;
• Arranging for powers of attorney and assisting you for their execution
• Obtaining a copy of the signed attestation de propriété so that the heirs have proof of ownership to the property.
All of the above is included in our highly-competitive fixed fee package. Please contact us for further information, or of you have any questions.
To contact us, please use the contact form here, or email us on the link below: