Frequently asked questions about Succession

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…

No, unless expressly requested. The law provides no time limit for the surviving spouse to choose between the available inheritance options (in the presence of joint children: ¼ full ownership or full usufruct). However, an heir may ask the surviving spouse in writing to exercise their option. If the spouse…

Yes. When the will is handwritten and there is no protected heir (child or surviving spouse), the notary must draw up a report of opening and description. Within one month he must send it, with a copy of the will, to the court registry so that “ any interested party…

Yes. Article 764 bis of the French Tax Code provides for a mandatory 20% allowance on the fair market value of the property that constituted the deceased’s principal residence at the date of death, provided that, on that same date, the property was also occupied as a principal residence by…

No. Article 780 of the Civil Code provides that you have 10 years from his death to manifest your intention to inherit, unless you had "legitimate reasons for being unaware of the birth of [your] right, mainly the opening of the succession [the death]”.