Changing notaries during inheritance

Changing notaries during an inheritance process is possible, even if some formalities have already been completed. This option is available when the file is blocked or trust is broken, and it allows for a new notary to take over without undoing previous work.

Legal priority for notary selection

In cases of disagreement between heirs, the choice of notary follows a legal priority order rather than a majority vote. This order includes the surviving spouse, reserved heirs, universal legatees, and non-reserved heirs. If heirs of the same rank have equal shares, the notary with the most seniority is retained.

Filing deadlines and tax obligations

The inheritance declaration must be filed within six months following a death in Metropolitan France, or twelve months for a death abroad. Tax obligations remain in effect regardless of the change in notaries, and the deadline for filing the declaration is not suspended.

Reasons for changing notaries

Reasons for changing notaries may include a lack of communication, a file that is not moving forward, disagreements over asset valuation, or a loss of trust. Before making the decision, it is important to understand what is actually blocking the inheritance, as issues such as the search for an heir or missing documents can also slow down the process.

Process for changing notaries

The procedures for changing notaries involve finding a notary willing to take over, presenting the situation and completed formalities, and ensuring the new notary is able to take over the file. The former notary must be notified in writing, and the two firms can organize the transmission of necessary documents.

Fees and responsibilities

Changing notaries does not require redoing the acts already established, but the former notary must be paid for the work done. The new notary will charge for the remaining formalities, with possible additional fees. The fees follow a regulated rate, even if some discounts are possible, and it is important to obtain a breakdown of the fees incurred and an estimate of those remaining to be paid.

Impact on inheritance timelines

If an inheritance includes a house or apartment whose sale is already underway, it is advisable to organize the change early enough to avoid delays in the signing of the authentic act. The transfer of the file does not suspend tax deadlines, and the succession declaration must be filed within the legal timeframe.

Choosing a new notary

Choosing a new notary should involve finding a professional who can address the difficulties encountered with the previous notary. It is important to ask about the notary's plans for taking over the file, potential solutions for blocking issues, and how progress will be communicated. Geographical proximity is not an obligation, and a notary in another department can be chosen if necessary.