Settling a notarial succession procedure in Rennes or elsewhere in France consists of three main stages, to be carried out within a period of six months from the date of death, with some exceptions.
As a first step, the notary establishes a notarial deed which specifies the persons appointed to receive the notarial succession in Rennes, as well as their respective rights. For this, he needs the relatives of the deceased to provide him with documents to identify the family members concerned by the succession (family record book, marriage contract, divorce decree or will, or gift between spouses etc.).
The notary is also required to examine the central wills registry before any deed is signed.
The notary then draws up a list of the property and debts constituting the deceased’s assets (bank accounts, securities, movable goods and properties) and their value.
As such, he must be sent a set of documents (title deeds, bank statements, savings accounts and invoices) to assess the assets and liabilities of the succession, and be informed of the various transactions performed in the past by the deceased (purchases, sales, incorporation and gifts). The notary then establishes a certificate of ownership for the properties, for publication in the mortgage registry, and draws up the declaration of succession alongside; depending on the inheritance amount, the number or quality of the inheritors, there may or may not be rights of succession.
Division may be the third step. The successors can decide not to divide their property, in which case they remain in “joint ownership”. However, if joint ownership is considered too restrictive, with most decisions required to be unanimous, the successors may wish to divide the property.
Information sheet required for a succession application
- Family record book of the deceased and his marriage contract, if there is one.
- Extract from the death certificate of the deceased.
- Copy of any judgments of legal separation or divorce concerning both the deceased and the successors and legatees.
- Copy of the gift between spouses that the deceased could have made.
- A will that the deceased could have made.
- Family record booklet for all successors and legatees.
- Bank details for each of the banks and postal accounts where an account is opened in the name of the deceased and his spouse in the event of joint ownership (including a joint account).
- Stock exchange securities, registered or bearer, at home.
- All documents relating to all pensions that the deceased or spouse received.
- Vehicle registration documents of all vehicles belonging to the deceased and his spouse in case of shared ownership.
- Any information or documents relating to claims.
- Any life insurance contract taken out by the deceased or his spouse (in case of shared ownership).
- Copies of property acquisition deeds (sales, divisions, certificates of ownership, exchanges and land development reports).
- Leases and lease information.
- Final-illness expenses.
- Funeral expenses.
- Loans – Miscellaneous invoices.
- Last tax assessment notice.
- Property tax.
- Housing tax.
Notarial deed of notarial succession in Rennes
Your notary is there for you at every important stage in your life, in particular when a loved one passes away. You can count on him to help solve the legal and tax-related issues caused by opening a notarial succession procedure in Rennes, bearing in mind that settling a notarial succession procedure in Rennes consists of three main stages, to be carried out within a period of six months from the date of death, with some exceptions.
Notarial succession in Rennes: why draw up a notarial deed?
As a first step, the notary establishes a notarial deed which specifies the persons appointed to receive the notarial succession in Rennes, as well as their respective rights. For this, he needs the relatives of the deceased to provide him with documents to identify the family members concerned by the succession (family record book, marriage contract, divorce decree or will, or gift between spouses etc.).
The involvement of your notary in Rennes is important because he is the one who secures the notarial deed. In addition to verifying the civil registry of the successors, the notary consults the central wills registry, which notifies the presence of wills deposited with a notary. It should be noted that in the context of notarial succession in Rennes, the property of the deceased is divided according to what is registered in the notarial deed.
What is the role of the notarial deed drafted by Guesclin Notary Office?
The notarial deed drafted by the notarial succession professional in Rennes certifies the quality of the successor to third parties. Banks, credit companies and other insurance companies require this document because it indicates a certain legal protection. More specifically, with the exception of the spouses’ joint account, the bank will block the accounts as soon as it becomes aware of the death, except for certain specific expenses. The bank can also ask its client to give it a devolutive certificate from the notary to unblock said accounts.
If there is no surviving spouse, the bank transfers funds to the designated succession account at the notary office. It is the notary who is tasked with distributing the succession between the successors. As regards the insurance company, it may be even more demanding than the bank: in addition to the devolutive certificate, it will probably request a copy of the notarial deed.
Also read:
Documents to be provided to the notary during succession
Home abroad: the thorny issue of successio
France will not let her children be disinherited
The last wills file
The stages of notarial succession
