FREQUENTLY ASKED QUESTIONS

Perhaps, yes, if there are no German cousins other than yourself, but only in your branch. Are you sure that the deceased did not have an uncle or aunt in the other branch who might now have great-grandchildren? Or a great uncle or great aunt who might have grandchildren? To be sure that you are the only heir, negative proof is required, which can be difficult to establish. And if you find one of them, you would need to prove that there are no others. The probate genealogist is the only way to do this.

As the heir was not known on the day of the death of your cousin, we can request that any interest and late payment penalties incurred be set aside in accordance with the provisions of Article 3637 of the Dictionnaire de l'Enregistrement (Dictionary of Registration) that requires heirs to file the declaration within six months of the day on which they first knew of the aforementioned succession being opened: in this instance, from the date on which the revelation was made by the Genealogist.

All new Laws have retained the principle of the “reserve” which allocates descendants a minimum right on the estate of their parents (Article 913 of the French Civil Code). Only the “available part” can be bequeathed.

Penalties may be discounted and in principle late payment interest may be charged, but, upon payment of the tax, it is possible to lodge an appeal with the Tax Office, which, if the appeal is substantiated, may agree to a greater or lesser reduction.

If you are worried about delays, all the more so as the sale of real assets can take a long time, you should appoint an Administrator to represent the interests of the heir. You can simultaneously initiate a “presumption of absence” procedure which will allow you to carry out the sale of one or more assets needed for payment of the inheritance tax and which will be looked at favourably in the request that you send to the Tax Office.

In many countries there are privacy laws. In addition, current professional practice is not to reveal the name of the deceased, for tax reasons and to guarantee fulfilment of the contract - all of the heirs need to have signed the agreement before details can be disclosed.

Most children are born to a father and a mother and, since the Law of the 3 December 2001, each of the paternal and maternal families are referred to as a “branch” (previously “line”). However, we must not forget that when we go back to the grandparents, we have FOUR FAMILIES:

brothers and sisters of the paternal grandfather,

brothers and sisters of the paternal grandmother,

brothers and sisters of the maternal grandfather,

brothers and sisters of the maternal grandmother.

In their professional jargon, Genealogists call these families “horns”.

The family tree established by the Professional is attached to the Affadavit signed before a Solicitor to justify their statements and you will be given a copy of it upon request.

However, it should be noted that only the heirs and parents related to the deceased are shown on this chart.

An estate is ab intestat when the deceased has not left a will. In this case, the order of heirs is determined by the Civil Code or legislation when the De Cujus (testator) is dead. Often, they are not known by the family circle and must be traced by means of both genealogy and investigation.

In the case of a testamentary estate, the deceased is not required to provide information on the legatees so much so that during the reading of the will, many individuals are completely unknown to the solicitor or liquidator, or even the family. These individuals must also be found, sometimes with the help of a probate genealogist.

Solicitors may also be required to draw up a declaration of heredity which will specify, among other things, the status and ranking of the beneficiaries involved in if there is no will. There are no known heirs and this raises the question of the distribution of the deceased’s assets. The solicitor or liquidator then contacts a probate genealogist.

If a Solicitor has difficulty with some of these cases, just imagine what you would be about to embark on. An individual might be able to find their ancestors by means of family genealogy, but they would not be able to recognise and prove the relationship which defines their status as an heir.

Indeed, in contract to a family genealogist, the probate genealogist is granted important legal powers: when drafting acts with the solicitor, he verifies the accuracy of the information and validity of the documents. It is also important to remember that an individual who is searching for heirs and omits someone would be accountable for their mistakes in the eyes of the law...

Furthermore, that involves having access to the registers of births, marriages and deaths less than 75 years' old. However, this access to the town is prohibited for individuals. Indeed, a professional card and a letter of assignment from the solicitor are required.