Legapass

The succession: how much time does the notary have?

The management of a succession  can take several weeks or even months. It is, indeed, necessary to proceed with theinventory of deceased and evaluation of the rights of heirs and beneficiariesas well as the drafting and validation of deeds of donation. 

 

An average delay of 6 months 

The notary has in principle 6 months to process the succession. This period corresponds to the period available to the heirs to file estate declarationsIn the event of a delay (on the part of one or more heirs), the tax authorities will issue a notice of default to the heir(s). In case of delay (of one or several heirs), a penalty of 0.20 % per month will be due.

Most of the cases are generally resolved within 6 months, but this period is sometimes extended due to a lack of response from the notary or because of certain difficulties that arise. For example: the executors and heirs are unable to contact all descendants, such as heirs bookers or non-reservee heirs, the legatees or individuals appointed to a will or holographic, or surviving spouses. This is a set of variables that may result in a prolongation of the estate process. 

 

Is it possible to settle an estate in case of a dispute? 

Sometimes, a blocking situation arises delaying the resolution of the problems because of one or more points of divergence between the different heirs. In this case, the notary cannot (unfortunately for some) force them to sign theact of devolution estate. 

When an inheritance is at stake, donations between spouses and their descendants can be settled in a will to avoid any dispute. 

If the parties are unable to reach an agreement, they are likely to end up in court with a notary appointed to settle the dispute.

In this case, the life insurance and assets acquired in full ownership will be subject to a abattement tax. Unfortunately, this solution does not allow for an amicable solution and can have significant tax consequences for the heirs.

Succession

What is the average length of an estate? 

The estates simple cases with fewer assets and few heirs can be resolved more quickly than those with many heirs where everything must be sorted out. In fact, if there are many heirs with right of first refusal, a legatee general, several specific legatees and complex situations such as : hidden heritageheirs who are difficult to reach, children occupying the residence of the deceased, or as many parameters, the overall duration of the estate will automatically be extended. 

Inheritances generally involve the transmission of property of the deceased to his heirs according to the relationship of kinship that unites them. In a simple successionthe goods real estate and the remaining property passes to the heirs in the direct line, i.e. the children of the deceased. 

Recourse in case of delay in the processing of the inheritance can only be considered if it is established that the pending documents (e.g. ready heirs) are up to date, that the file is complete and therefore awaiting processing and that the notary has already been contacted several times without any response from him. 

 

The average duration is therefore variable from one case to another. 

However, the procedures can be simplified thanks to solutions such as Legapass, which make it possible to facilitate the transmission of digital heritage. Legapass offers a simple and secure way to Pass on your digital assets, such as your online accounts and personal data, to your loved ones in the event of death or incapacity. With this solution, you can ensure that your loved ones will have access to your digital assets quickly and securely. 

Free and secure!

en_USEnglish