What is a certificate of inheritance? What is its use?

After a death, the heirs of the deceased can ask the town hall or a notary for a certificate of inheritance. This document, which only falls within the framework of simple successions, allows the heirs to certify their status as heirs and to collect the money available in the bank accounts of the deceased, under certain ceiling conditions. In addition, the surviving spouse can hope to receive certain additional payments (survivor's pension, widowhood allowance, death benefit, etc.) thanks to this document. What are the characteristics of a certificate of inheritance? What is its use? How to get it? Our answers in this dossier.

What is a certificate of inheritance? What is its use?

A certificate of inheritance is an official administrative document given to the heirs of the deceased as part of classic and simple succession processes. Its main purpose is to allow heirs to prove their status as heirs and to assert their rights.

The certificate of inheritance has several uses for heirs:

• It allows you to recover the sums of money available in the deceased's bank accounts, postal accounts or savings accounts. These amounts must not exceed 5,335.72 euros.
• It provides a survivor's pension for the surviving spouse, which corresponds to 54% of the amount of the deceased's pension.
• It makes it possible to obtain a widowhood allowance for the surviving spouse in the event that the conditions of resources are met. Paid by old-age insurance over a period of 24 months, it can reach 602.12 euros.
• It allows you to collect the death benefit paid by the primary health insurance fund to the beneficiaries (spouses, children or parents of the deceased).

The certificate of heredity should not be confused with the attestation of heredity. Nevertheless, the attestation of heredity tends to replace the certificate. It is signed by the heirs and it also certifies their status as heirs and confirms that it is a simple succession. It must be attached to a certificate of absence of last wishes which is charged 18 euros.

It should be noted that in the event of an estate with a value greater than 5,000 euros, it is essential to obtain an affidavit from a notary. Its average cost is 70 euros.

How to obtain a certificate of inheritance?

The certificate of inheritance is issued at the town hall, free of charge. Remember that it is only intended for simple successions. In the event of a complex succession, it is advisable to contact a notary. It should be noted that if the town hall refuses to issue this document – ​​which is its legal right insofar as it is not obliged to do so –, it is then necessary to also turn to a notary. In this case, the service will be charged at around 70 euros.

What documents must be provided to obtain a certificate of inheritance?

The applicant for the certificate of inheritance must report to the civil status service of the town hall of his domicile, of the domicile of the deceased or of the place of death.

To obtain the document, he must provide supporting documents concerning him and concerning the missing person:

• Documents concerning the deceased :his death certificate or his death certificate, a recent birth certificate, his family booklet, an identity document.
• Documents concerning the applicant :his identity card, his family book, proof of address, his application form and letters from the targeted organizations indicating the sums to be paid.

Be careful, because some town halls require other specific documents. Before going there, it is therefore advisable to contact the civil status services by telephone so as not to forget any documents.

What are the limits to obtaining a certificate of inheritance?

In some cases, it is not possible to obtain a certificate of inheritance.

• If it is not a simple succession. In this case, there must be one or more documents that govern the inheritance of the deceased (marriage contract, will, real estate, donation, etc.).
• If the amount to be recovered is greater than 5,335.72 euros. It is then necessary to seek the services of a notary to obtain an act of notoriety and entrust him with the management of the estate.
• If the heir of the deceased is a minor.
• If the deceased was placed under guardianship.
• If the deceased was of foreign nationality.
• If a legal separation is pending.
• In case of renunciation of the inheritance of the deceased.