For any succession: place
The succession opens where the deceased had a principal residence at the time of death, and the Code assigns succession matters to the Court with jurisdiction there.
2015 Code
Inheriting land or a home
A source-linked explanation of the provisions that may matter when a succession includes land or a building. Which provisions apply depends on the circumstances. This is not a current filing guide.
Short answer
The available 2015 codes distinguish succession with a will from succession without one. They state rules for accepting or renouncing an inheritance and allow an heir to seek a certificate. If ownership of land or a building passes by will, the Civil Code also requires an entry in the immovable-property register.
Suit venue
The answer depends on the kind of suit described in the 2015 text.
Succession liquidation
The 2015 Civil Procedure Code says this kind of suit is instituted in the court of the place where the succession opened.
Immovable rights
Unless expressly provided otherwise, the 2015 Civil Procedure Code says this listed kind of suit is instituted where the property is situated.
What the text says
- The Code distinguishes testate and intestate succession.
- An heir is not forced to accept a succession.
- A certificate of heir states the status and share attributed to the heir unless annulled.
- Land and buildings are treated as immovables.
- A transfer of an immovable by will requires entry in the immovable-property register under the 2015 text.
What to confirm
- The currently operating registry office and its location
- The current application form and required supporting documents
- The current fee and processing time
- Which special registration legislation and later amendments are currently applied
- Whether, and under what current rule, a certificate of heir is used for registration
- What current registration rule applies when an immovable passes by intestate succession
Civil Code · Article 705Read article View source page