Managing an inheritance in France, especially when heirs are in Spain or when Spanish residents inherit assets in France, requires understanding the applicable law (EU Regulation 650/2012), gathering certificates, arranging apostilles and translations, identifying the competent notary, settling taxes in each jurisdiction, and formalizing the allocation and registration of assets. Below, you’ll find step-by-step guidance, a table of documents and timelines, and a FAQ section to answer common questions about cross-border inheritances between France and Spain.
If you are asking yourself “How do I manage an inheritance in France?”, follow these steps and check the quick table to organize all necessary documents and legal procedures.
Index
Steps
Applicable law and will:
Start by identifying the deceased’s habitual residence, as this determines which laws apply. In cross-border situations, especially between France and Spain, the EU Regulation 650/2012 is crucial for deciding which country’s succession law governs the inheritance. Carefully review the will, if one exists, and check for a professio iuris (a declaration of applicable law) to understand how the estate should be distributed. Ensuring clarity at this stage prevents future disputes among heirs and helps the notary apply the correct legal framework.
Documentation:
Collect certificates (death, last wills), inventory, apostille, and sworn translations as required.Gathering all necessary documents is one of the most critical steps. This includes the death certificate, the will or testament, and an inventory of assets (properties, bank accounts, investments). For documents originating in another country, you must arrange apostilles or legalizations, and all foreign documents should be translated by a sworn translator. Having complete and properly certified documentation will streamline interactions with the French notary and Spanish authorities if heirs are in Spain.Collect certificates (death, last wills), inventory, apostille, and sworn translations as required.
Notary and representation:
Identify the competent notary in France, as notaries have exclusive authority to formalize inheritances. If heirs are in Spain or another country, they may not be able to appear in person. In such cases, arranging powers of attorney allows a representative to act on their behalf. The notary ensures that all legal formalities are respected, verifies documents, and coordinates with foreign authorities when needed. Choosing an experienced notary familiar with cross-border inheritances can save time and reduce mistakes.
Taxation:
Inheritances often involve multiple layers of taxation. In France, heirs may need to pay inheritance tax, which varies depending on the relationship to the deceased and the value of the assets. If the estate includes property or assets in Spain, Spanish inheritance laws may also apply. Additionally, there could be capital gains tax if inherited property is sold. Reviewing double taxation treaties between France and Spain helps avoid paying taxes twice. Proper planning and professional advice ensure compliance while minimizing tax liabilities.
Allocation and registration:
Once documents are verified and taxes considered, the notary prepares the deed of acceptance and partition, detailing how assets are distributed among heirs. Assets must then be registered with the appropriate authorities—real estate with land registries, bank accounts with financial institutions, and other investments as required. In cross-border inheritances, registration in both France and Spain may be necessary. Accurate registration ensures that heirs can claim their assets without legal complications in the future.
Documents and timelines
| Document | Issued by | Location | Apostille/Translation? | Estimated time | Approx. cost |
|---|---|---|---|---|---|
| Death certificate | Civil Registry | Country of death | Yes, if foreign | 3–10 days | €10–30 |
| Last wills / testament | Notary / RGAUV | France / foreign country | Apostille + translation if needed | 3–15 days | €20–60 |
| Inventory of assets | Entities / registries | Each country | Depends on document | 1–4 weeks | — |
| Hague Apostille | Competent authority | Issuing country | — | 1–10 days | €20–60 |
| Sworn translation | Certified translator | — | — | 2–7 days | €0.08–0.15/word |
| Deed of acceptance/partition | Notary | France / abroad | Depending on annexes | 1–3 weeks | €300–1,200 |
Taxes
- French inheritance tax: Depends on relationship to deceased and asset value.
- Capital gains tax: Applies if selling inherited property.
- Foreign country taxes: May apply on assets abroad.
- Double taxation: Check treaties or exemption rules.
Useful sources: French Tax Authority (DGFiP), EU Regulation 650/2012, local notaries.
Allocation and registration
- Deed of acceptance/partition including inventory and allocations.
- Registration in French and foreign registries.
- Remote representation: powers of attorney and legalizations as needed.
Frequently Asked Questions
How to manage an inheritance in France?
Identify the applicable law (EU 650/2012), gather certificates, legalize and translate documents, determine the competent notary in France, settle taxes in France and Spain if relevant, and formalize allocation and registration.
What documents are required for a French inheritance?
Key documents include death certificates, wills, inventory of assets, apostilles, and sworn translations of any foreign documents.
Where are taxes paid for inheritances involving France and Spain?
Taxes are generally paid in France (inheritance tax and potential capital gains) and in Spain if heirs or assets are located there, according to local laws and double taxation agreements.
Can an inheritance in France be managed remotely?
Yes, with notarized powers of attorney and legalizations. French notaries usually accept representation by a proxy.
How long does it take to settle an inheritance in France?
Timelines vary depending on document processing, notarization, and tax clearance. Usually, paperwork takes 1–3 months, longer if property registration or international coordination is required.
Are translations necessary for Spanish documents in a French inheritance?
Yes, official Spanish documents must be translated by a sworn translator and, if applicable, apostilled for validity in France.
Conclusion
If you are still wondering “How to manage an inheritance in France?”, the safest option is to seek professional guidance. Handling an inheritance across borders, especially between France and Spain, involves multiple legal steps, tax obligations, and document requirements that can be complex. Grupo Hereda can help navigate these processes, ensuring that all certificates, translations, notarizations, and tax obligations are managed properly. Their expertise can save time, reduce errors, and provide peace of mind for heirs on both sides of the border.
Grupo Hereda
Grupo Hereda is a law firm specialized in international and national inheritances, with more than 25 years of experience handling complex succession cases.
We assist with inheritances in France involving heirs in Spain, as well as inheritances in Spain with beneficiaries residing in France or other countries.
Our legal team coordinates every phase of the process from obtaining certificates and apostilles to settling taxes and registering assets in the corresponding registries.
If you’re unsure how to manage an inheritance in France Grupo Hereda guides you step by step, offering comprehensive legal advice and remote representation.
We also manage all types of international and national inheritances, ensuring legal security and time efficiency.
💬 Free Consultation:
If you are facing a complex inheritance or don’t know where to start, don’t give up your rights.
Contact us, and we will find a personalized solution for your case.
📞 Call us: (+34) 915 487 550
📧 Email: info@grupohereda.com
🌍 We operate throughout Spain and handle international inheritances across Europe and beyond the EU.
