Inheritance in France: which law applies, who inherits and what the notaire does

If you own property in France or move here permanently, it pays to look into inheritance law early. French rules differ from those in Germany, the UK and many other countries in important ways. Anyone who makes no arrangements often faces surprises – especially married couples with children.

Which inheritance law applies? Habitual residence decides

Since 17 August 2015, the EU Succession Regulation has applied. What counts is not nationality but the deceased's last habitual residence:

• A German citizen living in France inherits under French law – for their entire estate, including bank accounts and property abroad
• A German living in Germany with only a holiday home in France inherits under German law, including for the French property
• Choice of law: in your will you can choose the law of your nationality. A German living in France can therefore opt for German inheritance law. This must be stated expressly in the will

Whether a choice of law makes sense depends on family and assets; there is no one-size-fits-all answer. Important: the choice of law concerns inheritance law, not inheritance tax, which follows its own rules (see Planning your estate).

Forced heirship: a real share of the estate

French law protects children more strongly than German law. Part of the estate is reserved for them – the réserve héréditaire. Only the rest, the quotité disponible, can be left freely:

• 1 child: reserved share 1/2 of the estate, freely disposable 1/2
• 2 children: reserved 2/3, freely disposable 1/3
• 3 or more children: reserved 3/4, freely disposable 1/4

The key difference from Germany: the reserved share is not a cash claim. Children become co-heirs and therefore co-owners of every single asset in the estate, including the house. Without children, the spouse has a reserved share of 1/4. Since 2021, children can also claim compensation from assets located in France (prélèvement compensatoire) if a foreign law grants them no reserved share.

Who inherits without a will?

• 1st order: children and their descendants, in equal shares; children born in or out of wedlock are treated equally
• 2nd order: parents and siblings
• 3rd order: grandparents and other ancestors
• 4th order: other relatives up to the 6th degree

What does the spouse inherit?

• Alongside joint children: a choice between one quarter of the estate in full ownership or the usufruct (usufruit) of the whole estate – the lifelong right to use everything, e.g. to live in the house or let it. If there are children from other relationships, only the quarter is available
• Alongside both parents of the deceased: one half
• Alongside one parent: three quarters
• With no children or parents: everything

The spouse's inheritance rights only end with a final divorce. PACS partners (registered partnership) and unmarried couples, by contrast, have no statutory inheritance rights. Without a will they receive nothing, apart from a temporary right to stay in the home.

Wills in France

• Handwritten will (testament olographe): written entirely by hand, dated and signed. If you prefer not to keep it at home, you can deposit it with a notaire and have it entered in the central register of wills (FCDDV)
• Notarial will (testament authentique): made before two notaires or one notaire and two witnesses. The safest option, especially with property and complex family situations
• Full testamentary capacity from age 18; limited between 16 and 18

Beware: joint wills

Joint wills of spouses – such as the German Berliner Testament or mutual wills common elsewhere – are not permitted in France. Whether a joint will made abroad is recognised in France is legally disputed and must be checked case by case. If you own French property, it is therefore advisable to make two separate wills and seek advice on alternatives that protect your spouse (more in Planning your estate).

The procedure: the notaire replaces the probate court

France has no probate court; its tasks are carried out by the notaire:

• Identifies the heirs and records the succession in the acte de notoriété, the French equivalent of a grant of probate or certificate of inheritance
• Prepares the inventory and the inheritance tax return (déclaration de succession). Deadline: 6 months after death if the deceased died in France, otherwise 12 months
• If the estate includes property, transfers it to the heirs in the land register with the attestation immobilière – a notaire is compulsory for this
• Prepares the division of the estate

A German certificate of inheritance is not automatically recognised in France. For cross-border cases there is the European Certificate of Succession, issued in Germany by the probate court and in France by the notaire. It is still rarely used in practice but helpful.

Our advice

When you buy a property in France, the notaire appointment is the ideal moment to think about succession and how to hold the property: alone, jointly, with clauses for the surviving partner or through an SCI. Much of this is costly to change later. We are happy to connect you with English- and German-speaking notaires and lawyers.

All information without guarantee, as of November 2026. It does not replace advice from a notaire, lawyer or tax adviser. We are happy to put you in touch with German- and English-speaking experts in France.