Formal notice requiring an heir to choose under French law

The formal notice requiring an heir to choose imposes a time limit within which the heir must decide whether to accept or renounce the inheritance, with significant legal consequences in the absence of a response.

Legal basis of the formal notice requiring an heir to choose

Applicable provisions

Articles 771 and 772 of the French Civil Code, introduced by Act No. 2006-728 of 23 June 2006 and in force since 1 January 2007, allow any person with a legitimate interest to formally require an heir to exercise his or her succession option.

The heir served with such a notice must then choose between:

• pure and simple acceptance of the inheritance,
• acceptance subject to the net value of the estate (acceptance with benefit of inventory),
• renunciation of the inheritance.

This mechanism is intended to secure the liquidation of the estate and to prevent an heir from paralysing the succession by remaining silent.

Conditions for serving a formal notice on an heir

Persons entitled to act

The formal notice may be served by any person who can demonstrate a legitimate interest in the succession, in particular:

• a co-heir,
• a creditor of the estate,
• a legatee,
• any person whose rights are affected by the heir's inaction.

The existence of a legitimate interest is assessed in light of the specific circumstances of the succession and the effects produced by the absence of a decision on the part of the heir concerned.

Preliminary time limit to be observed

The formal notice may only be served after the expiry of a period of four months from the opening of the succession. Before the end of this period, the heir cannot be compelled to take a position.

Time limits granted to the heir to choose

Time limit for response

From the date on which the formal notice is validly served, the heir has a period of two months in which to exercise his or her succession option. Within this period, the heir must choose between:
pure and simple acceptance of the inheritance,

• acceptance subject to the net value of the estate,
• renunciation of the inheritance.

Application for a judicial extension

The heir may apply to the court for an additional period of time. In that case:

• the two-month period is suspended from the date of the application,
• the suspension ends on the date of the court's decision.

Consequences of the heir's silence

Deemed pure and simple acceptance

In the absence of a decision at the expiry of the two-month period, or of any additional period granted by the court, the heir is deemed to have accepted the inheritance purely and simply.

The heir may then no longer:

• renounce the inheritance,
• nor opt for acceptance subject to the net value of the estate.

This solution has been confirmed by recent case law, in particular by a judgment of the First Civil Chamber of the Court of Cassation dated 5 February 2025.

Practical value of the mechanism

The formal notice requiring an heir to choose constitutes a procedural tool enabling, in particular:

• the unblocking of a succession paralysed by the inaction of an heir,
• the protection of the rights of the other beneficiaries,
• the clarification of the composition of the estate,
• the normal continuation of the liquidation and partition operations.

It must, however, be used in strict compliance with the statutory time limits and conditions, failing which it will be ineffective.

For further information

For an overall analysis of succession options in a Franco-Spanish context, you may consult the following pages:

• Inheritance in Spain: assistance for French-speaking heirs
• Inheritance tax in Spain