Selling a property in France is rarely a walk in the park, but when you add the complexities of the French probate system (la succession) and the fact that you’re navigating it from across the Channel, it can feel downright overwhelming. Here is a look at how to manage the process without losing your mind.
The Notaire
In the UK, we rely heavily on solicitors. In France, the Notaire is the absolute king of the transaction. They don’t just represent the buyer or seller; they are public officials who ensure the state gets its taxes and the title is legally clear.
You cannot sell the property until the succession is officially opened. The Notaire will identify the heirs and calculate any French inheritance tax due. It is well worth finding a Notaire who is used to dealing with international clients.
If you need help navigating the French probate process, you can contact us.
Forced Heirship
One of the biggest cultural shocks for UK residents is the French concept of reserve héréditaire. Unlike the UK, where you can generally leave your estate to whoever you fancy, French law protects children’s rights to a portion of the estate.
Even if the deceased left a will in the UK, French law typically governs the distribution of the bricks and mortar on French soil. This can lead to a situation where multiple family members own “shares” of the house, and everyone must agree before a sale can proceed.
Tax
This is where things get fiddly. France and the UK have a double taxation treaty, which generally means you won’t pay the same tax twice, but you do have to declare the sale in both countries.
Inheritance Tax – Must be paid in France, usually within six months of the death. If you miss this window, the French authorities are known to apply late payment interest.
Capital Gains Tax (Plus-Value)– If the property has increased in value between the date of death and the date of sale, you may owe tax in France.
In Conclusion
The French administrative machine moves at its own pace. Trying to rush a probate sale usually only leads to frustration. Focus on getting a solid valuation, appointing a communicative Notaire, and keeping an eye on the currency exchange rates, as a small shift in the Pound/Euro rate can make a massive difference to your final inheritance.
It’s a marathon, not a sprint, but once that final acte de vente is signed, you can finally close that chapter and remember your loved one without the shadow of a French tax form hanging over you.
For official French tax information, visit: impots.gouv.fr
If you need help with French Probate, contact French Probate Matters on 020 8150 2010 or info@frenchprobatematters.com.
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