2°: Debts of the deceased

For the calculation of death duties, debts payable by the deceased are deducted when their existence on the day the succession was opened is duly justified by any means of proof compatible with the written procedure.

Debts payable by the deceased, which were contracted for the purchase of property included in the estate and exempt from death duties or in the interest of such property, are set off by priority against the value of the said property. The same applies to debts secured by property exempt from death duties, where it is established that the loan or loans were contracted by the deceased or his spouse…

The debts the deduction of which is requested are detailed, item by item, in an inventory certified by the depositor and appended to the declaration of the succession. In support of their request, the heirs or their representatives must indicate either the date of the deed, the name and residence of the public officer who received it, or the date of the judicial decision and the court from which it…

However, the following are not deductible: 1° Debts which fell due more than three months before the opening of the succession, unless a certificate is produced by the creditor certifying their existence at that time, in the form and according to the rules determined in article L. 20 of the Book of Tax Procedures; 2° Debts granted by the deceased in favour of his heirs or interposed persons. The persons…

By way of derogation from the provisions of 2° of Article 773, the existence and truthfulness of debts resulting from the application of articles L. 321-13 et seq. of the Rural and Maritime Fishing Code are sufficiently proven to the administration by all acts and writings, even subsequent to the death of a farmer, likely to be used as evidence in court between the farmer’s co-heirs or representatives. The heir…