For many families probate is their first contact with a court or a notary. The process is mostly simple once you know the order of steps, so I explain them here in sequence.
How I help heirs is described on the inheritance law page.
Step 1: opening the estate
Proceedings usually start ex officio once the authority receives the death record. The court mostly entrusts the case to a notary, who invites the heirs to a hearing.
Step 2: documents
- the death certificate
- proof of kinship with the deceased
- the property title and proof of other assets
- the will, if there is one
Step 3: who inherits
Without a valid will, the estate passes by law: first to the spouse and children, then to the parents and their descendants, and further along the orders of succession. If a will exists it decides the distribution, subject to the limits described below.
Step 4: the heir's declaration
Each heir chooses to accept the inheritance, renounce it or assign their share to another heir. The declaration is irrevocable and also affects liability for the deceased's debts, so it is worth discussing before you make it.
The reserved share
The closest relatives are entitled to a reserved share even when a will leaves them out or gives them less. If the reserved share is infringed by the will or by gifts made during the deceased's lifetime, it can be protected.
When a dispute arises
Probate does not resolve disputes about facts. If heirs disagree about the validity of a will, ownership or the extent of the estate, they are referred to a lawsuit, and probate waits for its outcome.
Agreement saves time
Heirs can agree at the hearing who receives which assets. That agreement goes into the decision and makes registration in the cadastre easier later. For advice on probate or a will, write to me.