Have you recently lost a loved one whose estate is located in France, but you live abroad? Whether you’re in Sweden, the United States, Australia, Denmark… or elsewhere, it’s perfectly normal to feel a little lost in such a situation.
Understanding French legal and administrative procedures and terminology isn't always easy, and the people involved are often different from what you're used to.
Here are a few pointers to help you get a clearer picture and understand the roles of the various stakeholders.
1. Where do we start, in practical terms?
→ The date and place of death: the starting point for everything
Two details may seem basic, but they are crucial: the date and place of death.
These factors determine everything: the deadlines to be met, the applicable law, and the government agencies to contact.
→ Identifying heirs: a step that should not be rushed
For a family scattered across several countries, this step requires special attention.
A forgotten or misidentified heir can throw the entire estate into question, sometimes months or even years after everyone thought the matter had been settled.
→ The heirs' choice: accept or renounce
Each heir must make a final decision: to accept the estate, to accept it only up to the value of the net assets to avoid debts, or to renounce it.
It is therefore important to carefully weigh the pros and cons with a professional before making a decision.
→ Wills: Look Everywhere
In France, they are listed in the FCDDV (Central Registry of Last Wills and Testaments), which notaries consult as a matter of routine.
But a will may exist abroad, may not be registered, and sometimes there are several of them... It is therefore important to determine fairly quickly where they are and how many there are.
Be sure to search in all the countries where the deceased lived and keep the notary fully informed.
2. Applicable law: it is not always French law
→ The EU principle: the law of the deceased’s country of residence
Since 2015, a European regulation has clarified the rules.
As a general rule, the law of the country where the deceased was residing at the time of death applies to the estate.
If the deceased recently moved to another country or traveled back and forth between countries, it is essential to consult a specialist, as determining the applicable law can be complicated in certain situations.
Warning:
For deceased individuals residing or having resided outside of EU, specific research ontreaties and other regulations that may be applicable must be undertaken asap.
→ The EU exception: the choice of national law in a will
If the deceased, who was a citizen of the European Union, specified in a will the law of the country of which they were a national, that law applies, and thelegal framework changes entirely.
This point should be verified early on so that you can then reach out to the right contacts in the right country.
→ Taxation: France retains control over its real estate
From a tax perspective, it's different.
France retains theright to tax real estate located within its territory, regardless of the place of residence of the deceased or the heirs.
Bilateral agreements to avoid double taxation are in place with many countries, and it is essential to review them carefully.
That's right—living abroad doesn't exempt you from all tax obligations in France!
3. Documents and deadlines: Plan ahead rather than react
→ Legal deadlines you absolutely must know!
Warning:
The inheritance declaration must be filed:
- within six monthsif the death occurred in France,
- within twelve months if he has arrived abroad.
If you miss these deadlines, late fees and surcharges will apply!
→ Why time flies faster than we think
These deadlines may seem far off at first, but they pass quickly.
The transmission of original documents—which are sometimes translated, certified, and apostilled—coordination among parties in different time zones, and appraisals of real estate and personal property…all of this can easily take at least two to three months.
Setting a schedule and sticking to it is a must.
→ Case tracking: a habit to adopt from day one
Keep everything: proof of payment of taxes, correspondence with the notary, lawyer, or tax authorities, documents sent and received, and communications with the other heirs.
In the event of a tax audit or a dispute, this is often what makes the difference.
→ The Apostille: What Is It and Why Does It Matter Sometimes?
Certification is what allows an official document to be recognized abroad.
If your country has signed the Hague Convention, the process is relatively straightforward. Otherwise, you will need to go through the French consulate or embassy, which will take longer.
Check with your advisor right from the start to see if this step is necessary or advisable.
4. Notary and attorney : Turning collaboration into an asset
→ Why communication often breaks down in international matters
In international cases, notaries often find themselves dealing with heirs who are not familiar with legal French or the steps involved in the process.
Communication becomes difficult, letters go unanswered, documents are delayed, cultural and legal misunderstandings pile up, and deadlines are missed—all of which can lead to tax risks.
→ The French notary: a role often misunderstood abroad
Unlike the Anglo-Saxon “notary public,” whose role is limited to authenticating signatures, the French notary is a public official who acts on behalf of the state and handles the estate whenever the estate’s value exceeds €5,000 and/or if the estate includes a building or real property ( regardless of its value).
Among other things, he must pay inheritance taxes and may also receive wills for registration.
In situations where a foreign law governs the succession but there are assets and holdings in France (bank accounts, life insurance policies, apartments, etc.), an international lawyer can effectively guide you and coordinate the necessary steps to be taken in France, working closely with the notary—even if the notary speaks English.
→ The lawyer’s role: project manager, drafter of certificates, translator…
That's where an international lawyer really comes into their own.
His role is not to replace the notary, but to work alongside him: explaining to each heir, in their own language, what is happening and what is expected of them, serving as a liaison between all parties involved, and ensuring that the schedule is followed…
He can also explain the details to you in your own language, answer all your questions, and interpret and explain everything during the signing process—all while acting completely independently.
This partnership between the two ensures the matter is handled properly and provides peace of mind for everyone involved, including the notary as well as the family.
→ What you can do on your end
Make the notary your active ally: ask for explanations, request written confirmations, report any issues promptly, etc.
A project where everyone knows what they need to do is a project that moves forward.
If you’re having trouble with your notary or don’t understand the status of your case, don’t hesitate to contact an international lawyer who speaks your language and can effectively assist you and act as an intermediary with the French notary.
→ The certificate of custom ("attestation," "legal opinion"): a specific requirement to anticipate
For residents of the United States, the United Kingdom, Australia, Canada… but also for Swedish nationals and sometimes for residents of other countries, the notary may ask you to provide a certificate: a“legal opinion”or a“certificate of custom,” that is, a legal opinion drafted by an attorney certifying that your situation complies with the laws of your country of origin.
It is best to anticipate this and ask your lawyer whether he or she can draft it or knowssomeone who can.
MY ADVICE:
Anticipation...
always!
International estates that are settled successfully all have one thing in common: they were addressed early on, with a clear understanding of what needed to be done, by whom, and by when.
Inheriting property in France from abroad is not an insurmountable challenge. However , it requires meticulous planning, effective coordination, and professionals who are experienced in navigating different legal, cultural, and linguistic systems.
When the right framework is established from the start, these issues are often resolved very smoothly, with confidence and calm!
Disclaimer: This article is published for informational purposes only and is not a substitute for professional advice. Regulations change over time, so any decision should be made after a personalized assessment of your situation.
