A member of my family has just died. What are my rights in relation to their estate?
When an estate is opened, your rights depend mainly on your relationship with the deceased and whether or not there is a will. In the absence of testamentary dispositions, the law establishes an order of succession that determines your rights in the estate:
1- If you are the surviving spouse, you can live in the family home for one year (free of charge), then benefit from a life interest in the property (subject to conditions). In addition, your rights vary depending on whether or not there are children (e.g., if you have children together, you are entitled to either ¼ of the estate in full ownership or the entire usufruct of the estate).
2- Descendants (children, grandchildren, etc.) inherit first and benefit from the reserved portion (the portion of the estate that is guaranteed to them).
3- Ascendants and privileged collateral relatives (parents, brothers, and sisters) come next.
If there is a will, if you are a compulsory heir (descendant or spouse), you are guaranteed a minimum share by law. This reserve protects you against excessive gifts (donations or bequests) that the deceased may have made during their lifetime.
However, “no one is obliged to be an heir,” so you have three options:
1- Unconditional acceptance: You become the owner of all the assets and debts of the estate. In fact, your personal assets may be seized to pay the debts of the estate (confusion of estates).
2- Acceptance up to the value of the net assets: You receive only the estate assets (i.e., the deceased’s estate after payment of all priority debts), and your personal assets are protected. This requires numerous formalities (inventory, etc.).
3- Renunciation: You may renounce the inheritance, in which case you will be considered a stranger to the estate.
It should be noted that your descendants may accept and collect the share that would have been devolved to you through the mechanism of representation.
You have a period of four months during which no one can force you to make a choice (delaying exception). After this period, any interested party may give you formal notice to make a decision within two months. If you do not respond, you are deemed to have accepted. Without formal notice, you have 10 years to decide. After this period, you are deemed to have renounced your rights.
You may take protective and provisional administrative measures without this constituting acceptance (Article 784 of the Civil Code).
If you accept, you will be a co-owner with the other heirs until the estate is divided. In addition, you may request a judicial division if no amicable agreement is possible.
Gaëtan ESCUDEY, a lawyer trained in family property law, will assist you at every stage of the succession process to assert your rights in an estate and secure your procedures, both in France and abroad.