Notary’s office: taking a family’s call after a death

The person calling has often lost a relative a few days earlier, has already been through a string of formalities and does not always know why they need to go through a notary. Tone matters as much as content: simple condolences, time to let them speak, short sentences, and no technical term without an explanation. Terms such as “affidavit of heirship” or “devolution of the estate” mean nothing to most families.

The aim of the first call is modest and precise: that the family hangs up knowing what will happen next, when they will be called back or seen, and what to start gathering.

To prepare for opening the file, reception notes: the caller’s identity and relationship to the deceased; the name of the deceased, the date and place of death; contact details for the callback and the best times; whether another notary’s office has already been contacted; and what the family knows, without checking it, about the existence of a will, a gift between spouses, a marriage contract or real estate.

These last points matter. According to Service-public, the French government’s official information site, using a notary is compulsory in France when the estate includes real estate, when its value reaches or exceeds €5,965, or when there is a will or a gift between spouses. Below that amount, heirs can prove their status with a certificate signed by all of them, provided in particular that there is neither a will nor any real estate; above it, an affidavit of heirship (acte de notoriété) drawn up by a notary is required.

The Paris Chamber of Notaries publishes a standard list. For the deceased: the extract of the death certificate, the original family record books (livrets de famille), the marriage contract or civil partnership (PACS) agreement, any divorce judgment, the will or the gift between spouses. For the spouse and the heirs: family record books and an identity document. For the assets: bank and savings account details, life insurance contracts, title deeds, tenancy agreements if the deceased was a landlord, vehicle registration documents. For debts: tax notices, funeral costs, invoices and outstanding loans.

Reception can name the first documents to gather, the extract of the death certificate and the original family record books, which the Chamber describes as essential, and explain that the notary will draw up the list suited to the file. There is no need to impose an exhaustive list on a grieving family on the first call.

Reception gives no legal advice: not on each person’s share, nor on whether to accept or waive the inheritance, nor on the amount of tax. These questions call for the notary’s analysis.

Nor does it disclose any information about a file or a deed. Article 23 of the French law of 25 Ventôse Year XI forbids notaries from disclosing deeds to anyone other than the persons directly concerned, heirs or successors in title, except by order of the president of the judicial court. On the phone, the caller’s identity and status cannot be verified: the prudent rule is to confirm nothing.

When asked “is there a will?”, reception can point out that, after a death, anyone can consult France’s central register of last wishes (fichier central des dispositions de dernières volontés) on presentation of the original or a certified copy of the death certificate, for €18 in mainland France according to Service-public, or that the notary will take care of it.

Many callers have heard about a six-month deadline. Service-public confirms that, for a death in mainland France, the inheritance tax return (déclaration de succession) must be filed within six months of the death (twelve months in particular for a death abroad), and that beyond that, late-payment interest of 0.20% per month applies. Reception can reassure them: this is precisely what the notary organises with the family from the first appointment.

Families also call in the evening and on Saturdays, when the week’s formalities leave them a moment. A clear message, the promise of a callback and a complete message taken down are better than a phone ringing into the void.

Alyas answers 24 hours a day based on the information the office gives it, such as opening hours and the first documents to prepare; it states at the start of the call that it is an AI and that the call is recorded, says when it does not know and offers to pass the request on, collects contact details and transfers to a single number if the caller asks. The trial is free for 10 days, with no credit card required.