Family, succession and estate lawyers, DAF Darmon Avocats Famille advises clients upfront on their rights as heirs, helps prevent and manage disputes between heirs and, where the estate is blocked, brings whatever court proceedings are needed to defend their interests.
The succession lawyer, a natural conciliator
A succession lawyer can step in at any point in settling an estate. Upfront, to advise the heirs on their choice of accepting or renouncing the estate, including the surviving spouse: under French law, where all the children were born of the couple, the spouse can choose between a usufruct over the whole estate and outright ownership of a quarter; where the deceased leaves a child from another relationship, the spouse receives outright ownership of a quarter, with no option.
Negotiations can also arise during the settlement itself, particularly over dividing the estate and allocating shares. Here, a succession lawyer can anticipate or limit disputes between co-heirs and provide support through what is often a difficult, trying situation.
Succession lawyer: mandatory representation once court proceedings start
It is common for an estate to become blocked because of disputes between heirs, challenges, or the inertia of some of those involved.
The notary is then forced to suspend the settlement, for lack of unanimous agreement among the heirs.
In that case, once every attempt at an amicable resolution has failed, a succession lawyer steps in to bring court proceedings on behalf of their client. Once in court, legal representation is mandatory.
This applies to claims contesting a will as defective or as breaching the forced-heirship share, to judicial division claims over jointly owned property where the heirs disagree — since no one can be forced to remain in joint ownership (Article 815 of the Code civil) — and to claims to reduce a gift that breaches the forced-heirship share.
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Notary or lawyer for a succession: who does what?
The two professions play different roles and often work in parallel: the notary settles the estate and stays neutral between the heirs; the lawyer defends one heir when a disagreement blocks that settlement.
| The notary | The succession lawyer | |
|---|---|---|
| Role | Public officer, neutral: settles the estate on behalf of all heirs | Adviser to one party: defends one heir's interests |
| Tasks | Certificate of inheritance, inventory, tax return, property certificate, amicable division | Contesting a will, claims to reduce a gift, concealment of assets, judicial division, claims against undue influence |
| When | In every estate (mandatory as soon as there is real estate, a will or a gift between spouses, and for the certificate of inheritance where the assets reach €5,965 — 2026 threshold, indexed every year — or there is a marriage contract) | As soon as the settlement becomes blocked or an heir feels wronged |
| In court | Does not appear | Mandatory representation (judicial division, reduction claim, contesting a will…) |
Using a notary: mandatory in some cases
Opening an estate is usually handled by a notary, and using one is sometimes mandatory: where there is real estate, a will or a gift between spouses and, to draw up the certificate of inheritance, where the estate is worth €5,965 or more (2026 threshold, indexed every year) or there is a marriage contract between the deceased and their surviving spouse. It is also strongly advisable where the deceased made gifts during their lifetime, as these must be taken into account in settling the estate.
Using a notary is mandatory where there is:
- An estate worth €5,965 or more (2026 threshold, indexed every year), to draw up the certificate of inheritance
- A will or a gift between spouses
- A marriage contract between the deceased and their surviving spouse, to draw up the certificate of inheritance
- Real estate
Settling the estate with a notary: 7 steps
To place the lawyer's role in context, here is how the process runs on the notary's side.
The first meeting with the notary is about establishing whether or not a will exists. If the presumptive heirs know of a handwritten will (kept by the deceased or in a safe, for example), they must hand it to the notary without delay. In every case, the notary checks the central register of last-will provisions (FCDDV) to see whether the deceased left a later will with a notary.
This document, drafted by the notary, names the deceased's heirs and their rights in the estate, depending on whether a will exists. Where relevant, it takes the will into account.
It is signed by the heir or heirs who requested it and lets both the notary and the heirs move forward with the various institutions involved (bank, pension fund, social bodies, and so on).
Heirs must give the notary every document in their possession, so the notary can query banks, the land-registry service, and more broadly any institution. The aim is to establish the full extent of the deceased's estate and list both the assets (real estate, bank accounts, investments) and the liabilities (debts to individual creditors, loans, and so on).
For personal property, the notary can call on a court officer (formerly a judicial auctioneer) to draw up an inventory and value the items.
Once the inventory is drawn up, the heirs, now aware of the full extent of the deceased's estate, are free to accept the estate or not.
An heir generally has ten years to make their choice (Article 780 of the Code civil). They cannot be forced to decide within four months of the death; after that, a creditor, a co-heir or the State can require them to decide.
Three options are open to heirs:
- Outright acceptance, which means accepting the entire estate, both assets and debts, with no limit;
- Acceptance up to the net assets only, which limits the heirs' liability for debts to the value of the assets in the estate — in short, the estate's creditors cannot pursue the heirs' own personal assets;
- Renouncing the estate: the heir receives no assets and is not liable for the estate's debts, but must still contribute, in proportion to their means, to the funeral costs of a deceased parent or child.
These documents formalise the transfer of ownership of certain assets to the heirs' names. For financial assets (investments, securities accounts) and personal property (usually vehicles), this is called a certificate of ownership. For real estate, the notary draws up a property certificate for each property, sent to the land-registry service to update the land records. In that case, this step usually comes in the months following the death, before the division.
This tax return is mandatory and must be filed within 6 months of the death with the tax office for the deceased's place of residence. This deadline is extended to 12 months where the death occurred abroad; special deadlines apply in the French overseas departments.
Filing late triggers interest of 0.20% per month and a 10% penalty if the delay exceeds 6 months.
Any duty owed is paid when the tax return is filed, unless payment in instalments or deferred payment has been requested.
Only under these conditions can a tax return be waived:
- Direct-line heirs, the surviving spouse and a PACS partner, provided the gross estate is under €50,000 and they did not receive from the deceased any gift that was not registered or declared to the tax authorities;
- Any other beneficiary, provided the gross estate is under €3,000.
The division is the final step in a succession.
Heirs can decide together to remain in joint ownership and keep the asset(s) in proportion to their competing rights.
In that case, the notary can propose drafting a joint-ownership agreement to govern how it operates.
Where a division takes place — which can be triggered at any time — each heir is deemed to have owned the assets allocated to them since the date of death.
This division can be amicable or contentious; in the latter case, the assistance and representation of a succession lawyer are mandatory.
Succession with an international element
Many of the firm's clients live outside France, hold assets in more than one country, or are settling the estate of a relative who died abroad. Since EU Regulation No. 650/2012 (known as "Brussels IV"), applicable since 17 August 2015 in every EU Member State except Denmark and Ireland, a single law generally governs the whole estate, wherever the assets are located — movable or immovable, in France or abroad — rather than splitting it by country.
The default connecting factor is the deceased's last habitual residence, unless it is clear the deceased was manifestly more closely connected to another country. The Regulation also allows a person to choose the law of their nationality to govern their entire estate, by saying so in a will.
France, however, keeps a safeguard: since the law of 24 August 2021, Article 913 of the Code civil allows each child to make a compensatory levy on the assets located in France at the date of death, up to the forced-heirship share French law would have given them, where the foreign law governing the succession (whether chosen by the deceased or applicable by default) provides children with no protective mechanism at all equivalent to forced heirship, and where the deceased or at least one child is, at the time of death, a national of an EU Member State or habitually resident there. A European Certificate of Succession can also be requested to prove heir status and simplify recognition of your rights in other EU Member States.
Cross-border estates raise questions that a French notary alone cannot always resolve — conflicts between national laws, recognition of a foreign will, coordination with lawyers or notaries abroad. DAF Darmon Avocats Famille can help you determine which law applies to your situation and defend your rights.
Our work in contentious succession matters
DAF Darmon Avocats Famille, in Paris, informs heirs of their rights, attempts an amicable resolution and, failing that, brings proceedings before the civil court. Our most frequent cases:
- Contesting a will: the testator's lack of mental capacity, a defect of form in a handwritten will, undue influence;
- Claims to reduce a gift: a gift or bequest exceeds the disposable share and encroaches on the children's forced-heirship share;
- Concealment of estate assets: a co-heir hides an asset, a gift, or the existence of another heir — they are then deprived of their share of the concealed asset;
- Judicial division: the jointly owned estate is blocked, an heir refuses to sell or to sign — no one can be forced to remain in joint ownership (Article 815 of the Code civil);
- Accounting for prior gifts and challenging asset valuations;
- Defending the surviving spouse and disputes involving blended families (children from an earlier relationship).
A difficult succession or a dispute between heirs is always easier to resolve the earlier it is addressed. To discuss your situation, contact us on +33 1 56 68 11 45.
Succession lawyer: frequently asked questions
When the estate becomes contentious and the notary can no longer reconcile the heirs: contesting a will, an attack on the forced-heirship share, a blocked division of jointly owned assets, one heir concealing assets from another, or suspected undue influence. A lawyer also advises upfront on the choice of accepting or renouncing the estate and on a surviving spouse's rights.
Yes, as soon as court proceedings are started: a judicial division of jointly owned assets, a claim to reduce a gift that breaches the forced-heirship share, contesting a will, or a claim over concealed assets. A judicial division falls to the civil court, where a lawyer is mandatory.
An heir generally has ten years to make their choice (Article 780 of the Code civil). They cannot be forced to decide within four months of the death; after that, a creditor, a co-heir or the State can require them to decide, giving them two months to respond. The tax return for the estate, however, is due within six months of a death in mainland France, or twelve months if the death occurred abroad.
The notary settles the estate (certificate of inheritance, inventory, tax return, amicable division) and remains neutral between the heirs. A lawyer, by contrast, defends one particular heir when a disagreement blocks the settlement: contesting a will, an attack on the forced-heirship share, a judicial division, concealment of assets, or suspected undue influence. The two professionals often work in parallel.
Fees are unregulated and set out in an agreement signed at the start of the engagement: billed hourly, as a fixed fee for a defined task, or with an additional success fee calculated on the sums recovered. Legal aid may be available depending on your means. A first consultation lets you estimate the budget based on the complexity of the case.
It is where an heir deliberately hides an asset of the estate, a gift they received, or the existence of another heir, in order to upset the equal division of the estate. The penalty is severe: the heir who concealed assets is deemed to have accepted the estate unconditionally, receives no share of the concealed assets, and must return them along with any income they produced. The claim is barred five years after the concealment is discovered.
No one can be forced to remain in joint ownership (Article 815 of the Code civil). Heirs holding at least two thirds of the rights can ask the civil court to authorise the sale (Article 815-5-1). Failing that, a lawyer can apply to the civil court for a division: the judge can order the jointly owned property to be sold at auction and the proceeds divided, or, where the conditions for preferential allocation are met, award the property to one heir who then owes a balancing payment to the others. Mediation or a joint-ownership agreement can also be negotiated beforehand.
Since EU Regulation No. 650/2012 ("Brussels IV"), applicable since 17 August 2015 in every EU Member State except Denmark and Ireland, the default rule is that the law of the deceased's last habitual residence governs the whole estate, wherever the assets are located, unless the deceased chose the law of their nationality in a will. France, however, applies a compensatory levy (Article 913 of the Code civil, since the law of 24 August 2021): where the foreign law governing the succession, chosen or not, gives children no protective mechanism equivalent to forced heirship, and the deceased or at least one child is an EU national or habitually resident in the EU, each child can recover their French forced-heirship share from the assets located in France.
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
"He has great human qualities, but above all he is a very intelligent, highly knowledgeable advisor."
"Throughout my divorce (1 year) he was available around the clock, evenings, weekends, even during holidays."
"You were there to smooth things over just as much as when we needed to be defended."
"Excellent support despite the distance (Australia/Paris) and the language barrier."
"Maître Darmon is caring and attentive throughout the whole procedure."
