Renouncing an inheritance
 

Hi All. Brit here living in UK, but my estranged deceased mother was French and living in France.
I want to 'renoncer a la succession' because her estate was riddled with debts.
Can I go ahead and send the renunciation form to the 'tribunal', or must I first sign the 'Acte de Notoriete'?
I'm hoping I don't have to sign the 'acte de notoriete' at all. I'm so scared of tacitly 'accepter pure et simple' and inheriting all her debts!
Any pointers would be great. Thanks

Re: Renouncing an inheritance
 

Hi,
Have a look at this site in English:
Notaires de France

Re: Renouncing an inheritance
 

Hi, and welcome to the forum! :)
I checked on official websites and it seems to me that you only sign the acte de notoriété if you accept a Succession. But check this with the Notaire dealing with your mother's Succession.
According to
https://www.service-public.fr/simulateur/calcul/15828
the only justifying documents when filing a Renonciation at the Court (or with a Notaire) are the complete Death Certificate, issued by the Mairie, one's complete Birth Certificate, dated within 3 months, and copies of both sides of one's Carte d'Identité. Obviously this means copies of the relevant pages of your Passport if you aren't resident in France.
(The 3 months deadline is a French requirement, as all changes in matrimonial status are mentioned on French Birth Certificates, indispensable for the Administration to know whether you're legally allowed to get married...).
You have 4 months from the date of decease to file the Renonciation...
HTH

Re: Renouncing an inheritance
 

Hi Where do I get my extrait de naissance from? Will my english birth certificate do instead?

Re: Renouncing an inheritance
 

Yes, but it must be stamped and dated within 3 months, as per French rules.
(Sorry, I'm going away for a few days, but others can point you in the right direction if necessary!)

Re: Renouncing an inheritance
 

Hi, welcome to the forum.

dmu is way more knowledgeable than myself here, but if you need a recent (less than 3 months old) copy of a British birth certificate, you can get that from GRO (General Records Office).

GRO website front page is here, ordering copies of certificates here.

You don't need a UK Government Gateway account for this, normal signin with email + password is fine, just keep answering the questions and drilling down until you hit the result.

They are not the fastest people around, so you may need some patience and restraint.

Good luck!

Re: Renouncing an inheritance
 

Hi, I went through something similar years ago. You can renounce the succession without signing the Acte de Notoriété. That document simply confirms who the heirs are, but it’s not the same as accepting the inheritance.

What matters is that you formally renounce at the tribunal judiciaire within the legal timeframe (usually 4 months from the death). As long as you do that properly, you avoid being seen as having accepted anything.

I was also worried about “accepting by accident,” so I got help from a notaire to make sure everything was done right. Worth the peace of mind.

Re: Renouncing an inheritance
 

Hi Declan
The death was nearly 3 years ago but the notaire for the succession is as slow as an escargot!
I decided to send the renunciation forms off directly to the tribunal, without asking for help from the notaire, because I want this nightmare over with.
The notaire is now chasing me for the recepisse from the tribunal. I haven't recieved it yet because they work so slowly as well. So he's getting a taste of his own medecine.
I think the 4 months after the death is a protected time when no-one can force the heir to decide either way.
Fingers crossed I manage to renounce successfully.
And then I will have to do the same when my other debt-ridden estranged parent dies in a country where there is forced heirship.
It's crazy how difficult relatives continue to complicate your life even from beyond the grave.

Re: Renouncing an inheritance
 

I'm amazed that this procedure didn't start directly after your mother's death....
I think that enough time has passed for you to get on to the Tribunal again (by registered letter), if possible sending them copies of everything you sent them earlier, respectfully requesting the Récépissé which the Notaire is demanding. A waste of time sending them mails or telephoning....
Good luck!:)

Re: Renouncing an inheritance
 

Hey DMU
I don't want to send the forms to the tribunal again.
The copy of my birth certificate was dated 31 December and it's now exactly 3 months later!
If I send the forms again, am I gonna have to get new birth certificate and court approved translation all over again?
From info I've gleaned from french people on reddit, tribunals can take up to 6 months to do their admin.
I think I'll wait 6 months before chasing.
If I'm lucky, the notaire might decide to chase the tribunal himself.

Re: Renouncing an inheritance
 

No, you'd be sending copies of the original documents that you sent earlier, plus a reminder, not a fresh renunciation.
If you're unwilling, then request your Notaire's Clerc to chase up the Greffier.... P.S. Will he/she accept an Attestation sur l'Honneur on the subject of having only one child?

Re: Renouncing an inheritance
 

Hi DMU
The notaire and his clerk are so appallingly slow, my aim is to avoid speaking to them ever again if I can help it.
Through their inaction despite numerous chase-ups over the last 3 years they have compounded my distress.
(My mum was a dangerous abuser, and I want her out of my brain,)
I am waiting to hear back from the notaire about whether he will accept an attestation sur l'honneur that i only have one chlld.
As for the recepisse, I will wait a few more months before chasing.
My understanding is that tribunals are swamped with admin. Me chasing them will only add to their workload.
Thanks for your advice

Re: Renouncing an inheritance
 

Fair enough! It doesn't help either, being in the UK.....