What is an attestation of the safe in a succession?
Forter certificate: definition
A jerk certificate is A habilitationfor an heir, namely designated, to act in the name and in the interest of all the co -heirs. This certificate allows the designated heir to carry out all the administrative procedures linked to the succession and to perceive the sums due by the creditors in the name of all the heirs.
The term jacket designates both the official document and the heiress which acts on behalf of the others. This practice is particularly useful when the co-heirs cannot all make themselves available to carry out the procedures themselves.
Jerk promise
The designated jacket must certify on honor To be one of the heirs of the deceased, and to commit to carrying out all the administrative procedures in connection with the succession in the common interest of the beneficiaries. In a succession, a single heir can be designated with jurder. This mechanism guarantees the consistency and legal certainty of the approaches undertaken.
What is a certificate of worry in a succession?
To settle a succession
During a death, the settlement of the succession implies multiple administrative and banking formalities. A jurisdiction of the jester can thus be claimed By certain administrations, in particular:
- banks (to unlock accounts or collect funds);
- insurance companies (for the liquidation of contracts or policies);
- Private companies or organizations with claims or obligations with regard to the deceased.
This certificate thus allows the jaw of represent legally All the heirs, simplifying the process and securing the reception of the sums due.
For simple successions
The certificate of the jester is only valid for simple successions, that is to say whose total value of goods do not exceed 5 910 euros. Beyond this threshold, institutions require a notarial act or a certificate certified by a notary, in order to legally secure the management of funds and protect the rights of all heirs.
To simplify procedures with various organizations
The jackpot is set up when coheriters are geographically or absent distant. Often, the safe is triggered at the request of retirement or social security organizations, family allowance funds, etc. Thanks to a certificate, the procedures are facilitated, because organizations have only one interlocutor, the safe.
Who fills the certificate of the jack holders?
The certificate of the jester is completed by all the co -heirsor at least by those who wish to empower a specific heir to act on their behalf.
Role of co -heirs
They are the ones who Decide which heir will be the juice. They must sign the certificate, confirming that they give the latter to act on their behalf and in their interest. Each signature engages the co-heir: the heir holder acts therefore respecting the will and the common interests.
Role of the IREA
The juice fills certain information on the certificatelike his identity, his quality as heir and the commitment to act loyally for all. He can also attach supporting documents: copies of identity documents, death certificate, and possibly the act of notoriety if the succession is notarial.
Obligations and responsibilities of the IRE
The Heir Carrier undertakes that all the joint owners ratify the a posteriori act. This means that if one of them refuses to ratify the certificate, the heir holder hires its contractual responsibility. In addition, the law supervises the veracity of certificates (article 441-7 of the penal code) and provides that are punished with imprisonment and a fine of 15,000 euros:
- to establish a certificate or a certificate of materially inaccurate facts;
- to falsify a certificate or an originally sincere certificate;
- to make use of a certificate or an inaccurate or falsified certificate.
When these offenses are committed in order to prejudice the public treasury or the heritage of others, the sentences are brought to three years’ imprisonment and a fine of 45,000 euros.
How to get a certificate of jack holders?
Role of the town hall
Unlike some popular ideas, the certificate of the jacket is not a document issued by the town hall. It is a private document written and signed by the coheriters themselves. The role of the town hall is possibly limited to certify signatures If the heirs wish to legally secure the document.
Procedure to make a certificate
All co -heirs must first agree On the person who will act on their behalf. They can then write on honor, the certificate. The latter must include:
- The complete identity of the jack holder and the coheratiers.
- The unique formula “in faith of what I have a worry and surety on behalf of the other co-heirs”.
- The specific object of the mandate (e.g. receiving funds, carrying out administrative procedures).
- The signature of all the co -heirs.
Since 2024, it has been possible to write this certificate in digital formatwith secure electronic signature legally recognized.
Supporting documents
In order for the certificate of the toe to be valid and accepted, it is essential to accompany it with certain documents. These parts allow Prove the identity of the heirsthe quality of the jester and the existence of the succession:
- Identity documents of the co-heirs and the jacket.
- Death certificate of the deceased.
- Possibly, an act of notoriety or a copy of the will if the succession is notarial.
Optional certification, but recommended
Heirs can have the signatures certify by a notary or a public officer To avoid any dispute. Some organizations can also impose this certification before recognizing the jack holder.
Where to certify a certificate of the safe?
Validation can be done via a notary, especially if the succession is complex or includes real estate, either by Certified electronic signatureaccepted by most institutions since 2024. occasionally, town halls, if local administrations require it, can do so, but it is less and less common.
How to write a certificate of juspage?
Practical advice
The first point is to ensure that the sums to be collected do not exceed 5,910 euros per account. It is then necessary to keep at least an original copy signed by the safe and. Finally, it is important to‘Inform all the co -heirs of each approach undertaken. This limits conflicts and Legally protects the jaw.
FIGURE Declaration model
I, the undersigned (name and first names of the jerk),
Residing (full address),
Heir to (name and first name of the deceased), deceased on (date) to (location),
certified on honor that:
The following people are my co -heirs: (names and first names of the co -heirs).
I accept to receive and perceive all the sums and all the goods returning to the succession, in my name and in the name of all the co -heirs. I undertake to act in the interest of all heirs and to account for the employment of funds or goods received, in accordance with the rights of each.
I recognize that this certificate only applies to successions whose total value of the assets to be unlocked does not exceed 5,910 euros per account or organization, and that any exceeding must be subject to notarial formality.
In faith what, I get to my own and guarantor on behalf of the other heirs.
Fact at (place), the (date)
Signature of the IREP
Act of notoriety, inheritance certificate, devolution certificate and safe holder: what differences?
Notoriety
The act of notoriety is an official document drawn up by a notary or, in certain circumstances, by a judge, who certifies the identity of the heirs and their quality to succeed the deceased. It is compulsory for important or complex successionsespecially when there are several heirs or a will.
Heredity certificate
Historically, the heredity certificate was issued by the town hall To attest to the quality of heir to administrations and organizations. In practice, the majority of organizations are no longer requested. Banks and insurances are now requiring an act of notoriety or a certificate of jerk.
Devolution certificate
The devolution certificate is an official document that specifies the distribution of rights In the succession, on the basis of a will or the legal rules of devolution (order of the heirs). Concretely, it allows us to know who receives what in the estate and is mainly used for financial or notaries organizations.
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