What are the different stages of an inheritance when the heirs are unknown?
If the heirs are not known, the notary will have to carry out an heir search. He will contact a genealogist who will try to find the heirs to the estate. To do this, he'll have to conduct an investigation. This is real investigative work.
Genealogists need prior authorization to consult civil records and access services such as national and departmental archives and tax departments. This painstaking work will result in a family tree certifying the devolution of the estate. It will be appended to the deed of notoriety drawn up by the notary. The following documents will be the same as for a conventional inheritance: certificate of property ownership if there is real estate and declaration of inheritance.
What are the rights and obligations of heirs in the context of an estate search?
Once the heirs have been found and identified, the genealogist will offer them a disclosure contract.
With this contract, the genealogist undertakes to provide each heir with proof of his or her rights in the estate in question. At this stage, the heir doesn't know what and, above all, how much he can inherit.
Not knowing where you're going can be disconcerting! The genealogist will then ask you to sign what is known as a disclosure contract, as well as the delegation for the settlement of the estate. This is a mandate. By signing this contract, you give your consent to the genealogist to represent you and defend your rights in the case. The contract also sets out the genealogist's remuneration.
Please note that the genealogist, not the notary, will be your contact in the settlement of the estate. He will act as an intermediary. This will make things easier if a large number of heirs are found, who often don't even know each other.
What are the consequences of failing to identify heirs?
The estate is declared vacant by the judicial court in the place where the estate was opened, at the request of any person with an interest in the case (creditor, public prosecutor, notary, etc.).
The State's estates department will then act as curator. An inventory of the deceased's assets and liabilities will be drawn up by an auctioneer.
The estate assets may be sold in various ways: amicable transfer, interactive notarial sale, etc. Proceeds from these sales can be used to settle any debts.