Proof of heirship shall be established by any means. No derogation shall be made from the provisions or practices concerning the issue of certificates of ownership or heredity by judicial or administrative authorities.
Proof of heirship may result from a deed of notoriety drawn up by a notary at the request of one or more heirs. The deed of notoriety must refer to the death certificate of the person whose estate is being opened and mention any supporting documents that may have been produced, such as civil status certificates and, where applicable, documents concerning the existence of gifts mortis causa that may affect…
The affirmation contained in the deed of notoriety does not, of itself, imply acceptance of the succession.
The deed of notoriety thus established is authentic until proven otherwise. Whoever avails himself of it is presumed to have hereditary rights in the proportion indicated therein.
The heirs designated in the deed of notoriety or their joint proxy are deemed, with respect to third parties holding property of the estate, to have free disposal of such property and, if funds are involved, free disposal of them in the proportion indicated in the deed.
Any person who, knowingly and in bad faith, relies on an inaccurate deed of notoriety shall incur the penalties for concealment provided for in Article 778, without prejudice to damages.
The succession devolves by law to the parents and spouse successors of the deceased under the conditions defined below.
A surviving spouse who has not been divorced is entitled to inherit.
The law does not distinguish according to the methods of establishing filiation to determine the parents called to succeed. The rights resulting from adoptive filiation are regulated under adoption.
In the absence of a spouse entitled to inherit, the parents are called upon to succeed as follows: 1° Children and their descendants; 2° Father and mother; brothers and sisters and the descendants of the latter; 3° Ascendants other than father and mother; 4° Collaterals other than brothers and sisters and the descendants of the latter. Each of these four categories constitutes an order of heirs that excludes the following.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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