How is an estate settled?
Take a step-by-step look at how a notary settles an estate that requires the services of a genealogist.
What is the settlement of an estate?
The settlement of an estate refers to all the legal, tax and administrative steps required to transfer the assets of a deceased person to their heirs. This procedure is governed by law and is generally handled by a notary. The estate may include bank accounts, a property, movable assets, investments and, in some cases, debts.
The settlement of an estate can be complex, particularly when certain heirs are unknown or difficult to locate. In this context, a notary may appoint a probate genealogist, such as ADD Associés, to help identify and locate the rightful beneficiaries. Although this is not mandatory, it enables investigations to be carried out more quickly and makes it possible to determine the legal devolution of the estate accurately, within a secure legal framework.
You may therefore be contacted directly by a probate genealogist as part of this search.
What are the deadlines for the settlement of an estate?
Are you wondering how long it takes to settle an estate? This is an important question, particularly to comply with tax obligations.
In France, the law provides a deadline of 6 months from the date of death to file the inheritance tax return with the tax authorities. This deadline is extended to 12 months if the death occurred abroad. After this deadline, penalties may apply. This is why it is important not to delay the process, even if the family context or circumstances are complex.
That said, the statutory deadline does not always reflect the actual time needed to finalise an estate. Depending on the situation — number of heirs, composition of the estate, potential disputes, need for genealogical research — the settlement of an estate may take several months, or even several years.
The stages of the settlement of an estate in France requiring the involvement of a probate genealogist
1. Appointment of ADD Associés by a notary
The starting point is an estate opened with a notary, with no clearly identified heir or with uncertainties in the family tree. The notary, who must ensure the lawful transfer of the estate, then appoints a probate genealogy firm such as ADD Associés to carry out the necessary research.
This intervention is strictly governed by French law, notably by the 2006 reform of successions. It ensures that every heir, even a distant or previously unknown one, can assert their rights. If you have been contacted by a probate genealogist, it is because you are concerned by an estate for which the notary did not initially have your contact details.
2. Research and identification of heirs
Once appointed, the probate genealogist begins thorough research. They consult civil status records, review archives, cross-check family information and sometimes go back several generations. These investigations may be lengthy and complex, especially when they must be conducted abroad.
The aim is to reconstruct the deceased’s family tree rigorously in order to demonstrate who is legally entitled to inherit. This stage secures the settlement of the estate and ensures no one is overlooked. It is thanks to this work that you have been located: you may be an heir even if you did not personally know the deceased.
3. Signature of a Revelation Contract
Before providing you with details about the estate, ADD Associés will propose that you sign a Revelation Contract. This document informs you about the nature of the assignment and formalises your relationship with the probate genealogist. It also sets out the remuneration terms, generally as a percentage of the inheritance share you will receive.
This contract does not commit you to accepting the inheritance. You do not have to pay anything in advance, and fees & costs are only deducted in the event of success — i.e., if you actually receive an inheritance. This is a safeguard for you and a transparent framework for cooperation.
The signature of the Revelation Contract precedes the disclosure of the identity of the deceased and the components of the estate.
When signing the Revelation Contract, the heir is also offered the option of being represented by a probate genealogist. ADD Associés proposes that you sign a power of attorney so that we may represent you during the subsequent stages of the estate settlement process.
Once the investigations are completed and the heirs identified, ADD Associés prepares a certified genealogical report. Signed by the probate genealogist, this document has legal value: it engages their financial and legal liability and certifies that the heirs presented are the lawful beneficiaries.
4. Confirmation of the legal devolution of the estate
The probate genealogist submits the legal devolution of the estate to the notary in charge of the settlement or to the judicial administrator appointed by the competent court.
This information enables the notary to draw up the Certificate of heirship; this is a prerequisite and a solid basis for proceeding with the distribution of the deceased’s assets.
5. Drafting of the Certificate of heirship
Based on the certified genealogical report provided by the probate genealogist, the notary issues the Certificate of heirship establishing the legal devolution of the estate and each heir’s respective entitlement.
This official document recognises the status of the identified heirs and specifies their respective rights. It is essential in order to complete all subsequent acts relating to the estate, such as releasing the deceased’s bank accounts or selling a property.
6. Inventory of the deceased’s estate
The next step is to establish a complete inventory of the deceased’s assets. The notary, sometimes assisted by an auctioneer or an expert, lists all assets (savings, movable assets, property, etc.) and liabilities (invoices, mortgages, loans, tax debts, etc.).
This inventory makes it possible to calculate the net estate precisely — i.e., what can be transferred to the heirs after settlement of any debts.
7. Settlement of the estate
Once the inventory has been completed, the notary proceeds with the settlement of the estate. This includes paying creditors (if any), liquidating certain assets, and preparing the deeds required for the distribution of the estate.
This is when matters progress concretely towards the distribution of the inheritance. If you have granted a power of attorney to ADD Associés, our experts will ensure that your interests are protected and that your rights are defended as effectively as possible.
8. Signing the inheritance tax return and paying inheritance tax
Before any distribution, an inheritance tax return must be signed by the heirs (or their representatives) and filed with the tax authorities.
This return enables the State to calculate the inheritance tax payable. Payment of this tax is mandatory in order to release the estate funds.
9. Distribution statement and transfer of funds
Once all formalities have been completed and the taxes paid, the notary prepares a distribution statement. This document sets out exactly what each heir will receive.
Once the estate has been settled, the notary transfers the funds due to heirs represented by ADD Associés into a third-party account opened with the Caisse des Dépôts et Consignations (CDC). After the heir approves the distribution statement, the probate genealogist transfers the heir’s share within a maximum period of one month. Thanks to the combined support of the notary and our firm, each heir receives their inheritance share within a secure and transparent framework.
Is it possible to be represented before the notary as part of an estate?
Yes, you can be represented by ADD Associés as part of an estate.
If you are a potential heir and you have been contacted by ADD Associés in connection with an estate, we can support you throughout the settlement process. Once your rights have been established by the Certificate of heirship, we represent you before the notary.
You will, of course, be regularly informed of the progress of the file. This representation allows you to go through this process with peace of mind, supported by a trusted professional, until the estate has been fully settled and your inheritance share has been transferred.
Summary: what to remember about the settlement of an estate
- When no heirs are clearly identified, a probate genealogist may be appointed by a notary to locate the rightful beneficiaries.
- If you have been contacted by ADD Associés, you may be an heir to assets you were unaware of.
- No advance fees are requested: fees are payable only in the event of success and are deducted from your inheritance share.
- You are supported from start to finish, with full transparency and legal security.
