- Estate succession: procedure
- Exemptions according to the degree of relationship
- How to obtain information?
When a loved one dies, his real estate is part of the inheritance and for the beneficiaries succession issues often become a source of concern. In some cases, it is possible to obtain inheritance tax exemptions depending on the family relationship or the nature of the property.
Estate succession: procedure
Before addressing the question of exemptions, it is important to know the procedure during a succession concerning real estate for direct and indirect heirs.
After the death of a loved one, an inventory of all the property is made including real estate which is then mentioned in the declaration of succession with an estimate of their real value.
Any property whatever it is (principal residence, house, flat rented...) forming part of an inheritance is subjected to a obligatory act which must be established by a notary: the real estate certificate (or certificate of ownership) which validates the transfer of the property to the heirs. When the property must be divided among several heirs, it is called undivided, each receiving a share corresponding to his rights.
After evaluating its various parameters, we can then examine the possibility of inheritance tax exemptions.
Exemptions according to the degree of relationship
Inheritance taxes are the result of a calculation whose objective is to define the amount of tax payable on all property part of the heritage. In general, they are calculated according to the degree of relationship: the closer it is, the smaller the amount, and it is even possible to benefit from a total exemption.
Total exemption from inheritance tax can not be to be between spouses or persons. All other persons related to each other (child, brother, sister, uncle, aunt...) may benefit from more or less large partial allowances but in no case from a total exemption.
A single situation may entitle, in the same way as spouses, a total exemption for the deceased's brothers and sisters: if the brother or sister is single (widowed, divorced, separated, etc.) at the time of death, his or her age is over age 50 or in a precarious situation and has had the last five years with the deceased. If these three conditions are met, then the death duties exemption is total.
How to obtain information?
Administrative aspects are sometimes difficult to disentangle, that's why we should not hesitate to directly to the services concerned.
The Taxes can be added directly to obtain general information whether or not one is resident in France to obtain the administrative documents (declaration of succession form) on which are indicated all the details on the possible exemptions. Notaries and tax professionals can also answer questions and help heirs make the right choices.