Inheriting an estate with cross-border assets is a significant administrative challenge, and specialist guidance can help simplify the French probate process. If a loved one passed away owning a business in France or holding shares in a French company, such as a Société Civile Immobilière (SCI), you face a complex intersection of French probate law and corporate governance. Unlike the UK system, where an executor manages assets behind a legal shield, French succession law passes responsibility directly to the heirs from day one. Here is how to handle the process efficiently.
Instruct a French Notaire Immediately
In France, you cannot handle probate independently; you must appoint a notaire. This legal official determines the rightful heirs and oversees the transfer of assets. Timeframes are strict. If the deceased died outside of France, you have 12 months from the date of death to file the Déclaration de Succession (inheritance tax return), according to official French government guidance. If they passed away within France, this window drops to just 6 months. Missing these deadlines results in automatic financial penalties from the French tax authorities, and further information can be found On the French Government website.
Review the Company Statutes
You do not automatically inherit corporate voting rights or management control. Everything depends on the company’s statutes (articles of association).
Approval Clauses – Many French company agreements require surviving partners to approve an heir before the heir can formally join the business.
Buy-Out Clauses – The rules may require surviving partners to have the automatic right to buy out the deceased’s shares at a set valuation, blocking you from taking over the business.
Locating these corporate documents and passing them to your legal team is an essential early step.
Navigate Forced Heirship
France operates under a strict system of réserve héréditaire (forced heirship), and understanding French inheritance law is essential when dealing with business assets. This law requires a specific percentage of the estate to be reserved for the deceased’s children. Even if the UK will leaves 100% of the French business shares to a spouse or business partner, French law will heavily restrict this to protect the children’s legal entitlement.
Keep the Business Functional
French probate typically takes 6 months to 1 year. However, a live business cannot pause; employees must be paid and contracts fulfilled. Because heirs cannot automatically run the company during probate, the business risks operational paralysis. To prevent this, you can petition a French court to appoint a mandataire successoral, a temporary, independent manager who handles daily operations until the shares are officially transferred.
Immediate Next Steps
Gather Corporate Details: Find the company’s registration number (SIRET or SIREN) and the status.
Appoint Cross-Border Experts – Retain a bilingual notaire or a UK solicitor specialising in French-British succession matters.
Secure Bank Accounts – Ensure the business accounts remain functional for essential running costs under expert legal guidance.
If you need help with French Probate, contact French Probate Matters on 020 8150 2010 or info@frenchprobatematters.com.
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