Quick Succession

When a French property owner dies, probate must be dealt with fairly promptly, so it helps to understand the process in advance

- Sue Busby

Owning a property in France can be a wonderful adventure but when the owner dies, it can be difficult and distressing for those left behind to deal with the probate aspect in France. It’s helpful to know what the process will be and how to make it easier.

WHICH WILL COVERS YOUR PROPERTY?

The first thing to be aware of is that everything can be much simpler if some careful planning is done at the time of purchase. Attention should be paid to what you want to happen to your property on your death, how best to achieve this and what the consequences might be, especially regarding inheritance tax. This knowledge can sometimes change people’s minds about who they might want to leave their French estate to.

For the heirs, it will be much simpler if there is a French will covering the French estate and the French estate is excluded from any English or other will. If the deceased was living in France permanently at the time of death, then the French estate consists of their immoveable property (buildings) situated in France and their moveable property (e.g. money in bank accounts) wherever situated. Their English estate, if they are a permanent resident in England, would consist only of the immoveable property situated in England. Therefore, the English will should just cover that property.

If the deceased was resident outside France, e.g. in England, then the French estate consists only of the immoveable property situated in France.

DO I NEED A NOTAIRE?

Although it is possible to deal with probate in France without a notaire, the process is likely to be easier if one is involved. It will be necessary to communicate with the French tax administration and notaires often seem to have quicker access to this.

In order for the notaire to deal with the succession, it will be necessary to supply documentation as follows: