Inheritance: The first questions following death

Is a notary compulsory?

Contrary to popular belief, an inheritance file does not "open itself". Some people imagine that their notary is aware of the death and has begun to take certain steps. But this is not the case! You need to make an appointment with your notary to open a file and settle the deceased's estate.
However, there are only certain situations in which you are obliged to consult this legal professional:

- If the estate includes real estate, because only the notary is empowered to register the property and pass it on to the heirs, by drawing up a certificate of real estate ownership.

- If the deceased had made a will or a last living gift.

- Or if the gross estate assets exceed €5,000.

What documents do I need to bring to the first appointment?

First of all, the notary's office will tell you - usually by telephone - what documents you need for the preliminary studies required to settle the estate. You should bring the following documents to the appointment (this list is not exhaustive):

- Death certificate

- Holograph will, if in your possession

- Gift between spouses

- Family record book

- Marriage contract

- Title deeds and leases (for real estate)

- Bank and savings account statements

- Copies of life insurance policies

- Vehicle registration documents

- Articles of association and Kbis extract for companies

- Amortization schedules for loans and death insurance

- Latest tax returns (income, property, housing, etc.).

- Invoices for funeral expenses

In addition, the notary will directly consult the central file of last wills and testaments in Venelles, as well as banking institutions, social organizations and tax authorities. In the event of a search for heirs or legatees, the services of a genealogist can be called in. In this case, settling the estate will take longer.

Do I have to settle my estate within 6 months?

This is an exclusively fiscal deadline. You must file an inheritance tax return with the tax office of the deceased within 6 months of the death. If you have to pay inheritance tax after this date, you will also have to pay late payment interest on the amount (0.20% per month of delay). Interest is charged from the 7th month. You will then be subject to a 10% surcharge if your declaration of inheritance has still not been filed within 12 months of the date of death. This is an important deadline. If this is not the case and the deadline has passed, don't worry: nothing untoward will happen to you.
Note that if a search for heirs is carried out, the 6-month period will only start to run from the day on which the heirs are found. While it is generally accepted that the tax authorities take into account the disclosure of the estate to the heirs as the starting point of the time limit, this is merely a tolerance at the discretion of the tax authorities if at least one of the heirs is known.

What happens to bank accounts?

The first priority is, of course, to notify your bank of the death. There's no point in trying to "empty the account", as this won't be possible. A distinction must be made between different accounts. As soon as the bank has definite knowledge of the account holder's death (through relatives or a notary), it will block the account.
The deceased's personal accounts will be blocked immediately. There will be no further deposits or withdrawals, with the exception of funeral expenses, final illness expenses and taxes owed by the deceased (up to a limit of €5,000). Any powers of attorney that may have been granted will automatically cease.
Joint accounts are not blocked. For example, the surviving spouse can continue to use them. They will automatically become individual bank accounts. On the other hand, in the event of an undivided bank account, the bank will block it, even in the presence of a proxy, regardless of the relationship between the deceased and the joint account holder. No transactions will be possible on this account.

Stéphanie SWIKLINSKI