After the death of a loved one, administrative formalities must be carried out. Among them, the steps relating to the succession. When it comes to inheriting a house, there are many rules to follow. We tell you everything you need to know about the laws of inheriting a house.
Conditions for opening an inheritance succession
This is the first step. The succession of a person is open in the event of death, but not only. If a person does not give any more of his news, at the end of ten years, his succession opens. Same scenario in the case of a disappearance. If the person disappears in dangerous circumstances such as a plane crash and their body is never found, the judge can pronounce them dead. The person’s estate opens.
Management of the inheritance inheritance by a notary
In the case of a real estate inheritance, thethe intervention of a notary is mandatory. This professional is responsible for organizing the succession. It is he who establishes the certificate of real estate ownership and ensures the inheritance of the property. In the event of succession to a minor, the notary undertakes to ensure that their interests are respected.
The heirs have the choice between accepting or refusing the succession. In case of pure and simple acceptance, the heir receives his share. As such, he is required to pay the debts of the deceased, as well as the charges and expenses of the estate. If the designated heir refuses his share, he receives nothing and pays nothing. The heir must declare his estate to the tax authorities.
Inheritance of a House, the joint ownership regime
In practice, inheriting real estate is more complicated. When the deceased person leaves behind a spouse and children, generally the surviving partner chooses the usufruct of the property. The children then have bare ownership. This is shared equally. If one or more descendants are not from the marriage, the spouse receives a quarter of the property.
In the event of the absence of a spouse, the real estate is transmitted to the children, according to the regime of joint ownership. Several options are then available to them. They can share the lots equally when possible, or sell their share. In the latter case, the other heirs can redeem in priority.
The joint ownership regime has a few particularities. To sell or administer real estate, all the heirs must give their consent. If necessary, the sale of the property is blocked. To renovate or rent the house, the consent of two-thirds of the heirs is sufficient.
If one of the joint heirs does not respond to solicitation requests, he may be put on notice. If he does not appear within three months, a judge can then release the property. The other heirs can then sell it.
When the heirs find themselves in deep disagreement, a judicial authority can intervene by appointing a notary. As a last resort, he will sell the property at auction.
Property, expenses borne by the heir
When accepting a real estate inheritance, fees apply to net assets, excluding debts. The allowance and the percentage vary according to the relationship of the heir. Spouses are exempt. Depending on the amount of the property, the costs can range from 5 to 45% of the total after deduction. A property-specific fee applies in the case of an inheritance. This is the notarized certificate confirming the transmission of the property as an inheritance. This sum, which can range from 0.55% to 2% of the value of the property (in addition to VAT), is to be paid as soon as the succession is opened.
When the joint ownership is broken, the heirs must also pay a tax to the agent (the notary). This corresponds to the division of real estate. Its amount is between 0.8% and 4% of the property, to which VAT must be added.
Inheriting joint ownership of real estate is costly and the various steps can be complex. In order to know all the subtleties, it may be wise to be accompanied by a lawyer.