Glossário de Herança
Mais de 30 termos legais explicados em linguagem simples para navegar com confiança no processo de liquidação da herança.
A
- Acceptance of succession
- An heir's decision to accept the estate. This may be unconditional (accepting both assets and debts) or limited to net assets (protecting against debts exceeding assets). Heirs have 4 months to respond if requested.
Ver também : Renunciation of succession, Estate liabilities
- Administration of estate
- The process of managing and distributing a deceased person's estate. In France, this is primarily handled by a notary (notaire) when real estate is involved.
Ver também : Notary, Estate inventory
- Amicable partition
- A method of dividing an estate by mutual agreement among heirs, without court intervention. It requires the consent of all heirs and may be total or partial.
Ver também : Deed of partition, Co-ownership
B
- Bare ownership
- Ownership of a property stripped of its usufruct. The bare owner holds title to the property but cannot use it or collect income from it while the usufruct lasts. When the usufruct ends, they regain full ownership.
Ver também : Usufruct, Split ownership
- Beneficiary
- A person or entity designated to receive assets from a deceased person's estate, either through the law of intestate succession or through a will.
C
- Certificate of heirship
- An official document issued by a notary identifying the legal heirs of a deceased person and their respective shares in the estate. Required for most succession procedures.
Ver também : Notary, Intestate succession
- Co-ownership (indivision)
- A situation where multiple people jointly own a property or asset without their individual shares being physically separated. Common among heirs before an estate is formally divided.
Ver também : Partition agreement, Estate settlement
D
- Death certificate
- An official document issued by the town hall (mairie) certifying that a person has died. It is the first document to obtain after a death and is required for all succession procedures.
Ver também : Estate tax return, Notary
- Deed of partition
- A legal document, notarized when real estate is involved, that formally records the distribution of assets among heirs. It ends the co-ownership (indivision) of the estate.
Ver também : Co-ownership, Amicable partition
- Disinheritance
- The exclusion of an heir from a succession. In France, complete disinheritance of protected heirs (children) is not possible, as they are entitled to their reserved share (réserve héréditaire).
Ver também : Reserved share, Disposable portion
- Disposable portion
- The portion of an estate that the deceased may freely dispose of through gifts or bequests, after accounting for the reserved share of protected heirs. It decreases as the number of children increases.
Ver também : Reserved share, Will
E
- Equalizing payment (soulte)
- A cash payment made by the heir who receives assets of greater value than their theoretical share, to compensate the difference and ensure equitable distribution.
Ver também : Preferential attribution, Amicable partition
- Estate assets
- All property and rights belonging to the deceased at the time of death that form part of the estate: real estate, personal property, bank accounts, financial investments, etc.
Ver também : Estate liabilities, Estate mass
- Estate inventory
- A detailed list of all personal property (furniture, jewelry, artwork, etc.) left by the deceased. It may be carried out by the heirs themselves (amicable) or by a court-appointed auctioneer (official).
Ver também : Estate assets, Estate liabilities
- Estate liabilities
- All debts and financial obligations left by the deceased: mortgages, consumer loans, unpaid bills, taxes owed, etc. They are deducted from estate assets to calculate net estate value.
Ver também : Estate assets, Estate mass
- Estate mass
- The total of all assets and liabilities forming an estate, used as the basis for calculating each heir's entitlement.
Ver também : Estate assets, Estate liabilities
- Estate tax
- A tax levied on the inheritance received by each beneficiary. The rate varies based on the kinship with the deceased and the value of the assets received. Significant allowances apply for direct heirs.
Ver também : Estate tax return, Tax allowance
- Estate tax return
- A fiscal declaration that must be filed with the tax authority within 6 months of the death (12 months if the death occurred abroad). It lists all assets and calculates estate tax due.
Ver também : Estate tax, Estate assets
G
- Gift report (rapport à succession)
- The obligation for an heir to bring back into the estate mass the value of gifts received from the deceased during their lifetime, to ensure equality among heirs.
Ver também : Informal gift, Estate mass
I
- Informal gift (don manuel)
- A gift of personal property (cash, object, jewelry…) made hand-to-hand without a notarial deed. May need to be reported to the estate depending on the conditions of the gift.
Ver também : Gift report, Disposable portion
- Intestate succession
- The legal process of distributing a deceased person's estate when they die without a valid will. The law establishes a priority order among heirs: descendants, ascendants, collateral relatives.
Ver também : Protected heir, Will
L
N
- Notary
- A public official responsible for authenticating legal documents. In an estate, a notary is required when the estate includes real estate. They establish the certificate of heirship, the estate tax return, and the deed of partition.
Ver também : Certificate of heirship, Deed of partition
P
- Preferential attribution
- A right allowing an heir to request priority assignment of a specific asset (family home, farm, business…), with an equalizing payment if the value exceeds their share.
Ver também : Equalizing payment, Amicable partition
- Protected heir
- An heir whose minimum share of the estate is guaranteed by law and cannot be reduced by the deceased's will or gifts. In France, children are protected heirs.
Ver também : Reserved share, Disposable portion
R
- Renunciation of succession
- A formal act by which an heir decides not to accept the estate. They then inherit neither assets nor debts. Renunciation must be declared to the judicial court.
Ver também : Acceptance of succession, Estate liabilities
S
- Split ownership
- A division of property into two distinct rights: usufruct (right of use and income) and bare ownership (right of disposal). Commonly used in estate planning.
Ver também : Usufruct, Bare ownership
- Succession representation
- A legal mechanism allowing the descendants of a deceased or renouncing heir to take their place in the estate. Grandchildren may thus inherit in place of a predeceased parent.
Ver também : Intestate succession, Protected heir
T
- Tax allowance
- An amount deducted from the value of inherited assets before calculating estate tax. The main allowance is €100,000 per child per parent, renewable every 15 years.
Ver também : Estate tax
U
- Usufruct
- The right to use and enjoy a property belonging to another (the bare owner), as if one were the owner, while preserving its substance. The usufructuary may live in the property or collect rent from it.
Ver também : Bare ownership, Split ownership
W
- Will
- A legal document in which a person expresses their last wishes regarding the disposition of their assets after death. Main forms include: holographic (handwritten), authentic (before a notary), or mystic.
Ver também : Bequest, Disposable portion
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