What is an act of notoriety during an inheritance?
Definition of the act of notoriety (or devolutive certificate)
The deed of notoriety is the first act drawn up by the notary from which the latter establishes several devolutionary certificates given only to the heirs of the deceased (descendants, surviving spouse, ascendants, legatees, etc.). Its purpose is to officially identify the heirs of the deceased and to note the inheritance devolution (the distribution of the estate).
Certificate of notoriety and Civil Code
The act of notoriety is not a judgment : it is authentic until registration of forgery or legal challenge, for example if an heir has been omitted or if a will is subsequently discovered. It finds its legal basis in the Civil Code, in particular:
- article 730: proof of the status of heir can be provided by any means;
- article 730-1: the act of notoriety is authentic until proven otherwise;
- articles 731 to 755: rules of inheritance (order of heirs, rights of the surviving spouse, representation, etc.).
Why establish a certificate of notoriety?
An essential act for attestation of one’s status as heir
The certificate of notoriety is above all proof of the status of heir. After a death, no person can spontaneously claim inheritance rights without official justification. The latter, established by the notary, makes it possible to certify in a manner authentic and enforceable against third parties that such person is heir of the deceased.
Allow heirs to act on behalf of the estate
Without a certificate of notoriety, the heirs find themselves in a situation of legal paralysis. The act allows them in particular:
- to access the deceased’s banking information;
- to carry out administrative procedures (taxes, social organizations, employer);
- to represent the estate in day-to-day management acts.
It is therefore a prerequisite required to any inheritance transaction, whether conservatory, administrative or patrimonial.
Securing third parties and inheritance transactions
The act of notoriety does not only protect the heirs: it also secures third parties. By relying on an authentic deed, banks, insurance companies and administrations can act without fear of paying funds to an unauthorized person. This security is fundamental in an area where the stakes can be high.
Officially establish inheritance devolution
The act of notoriety makes it possible to note the inheritance devolution, that is to say the identification of the heirs called to the successiontheir rank (legal order, representation) and their respective rights (inheritance shares). It thus constitutes the legal basis on which the notary can then establish the other acts of the estate.
Limit inheritance disputes
By legally identifying the heirs and their rights, the act of notoriety plays a preventive role. It reduces the risks of omitting an heir, clarifies the family situation and limits subsequent disputes. Even if it can be contested, it constitutes a stable basis, facilitating a more peaceful settlement of the succession.
When is the notoriety certificate obligatory?
Amount of the inheritance equal to or greater than 5,965 euros
Since the revaluation of the applicable threshold from January 1, 2026, the act of notification is obligatory when the assets of the estate reach or exceed 5,965 euros. In this case, the status of heir can no longer be proven by a simple signed certificate; only an act of notoriety allows this.
Case where a notary is required, but not necessarily an act of notoriety
In the following cases, the notary must be contactedbut the requirement for an act of notoriety always depends either on the purpose of the process (proof of heir), or on the inheritance threshold:
- If the deceased leaves a minor heir or an incapable adult.
- If the use of a genealogist proves necessary to find his heirs.
- If the deceased had drawn up a marriage contract during his lifetime, as well as, where applicable, donations or various generosity.
- If the estate assets include real estate.
What is the difference between a certificate of notoriety and a certificate of inheritance?
A difference of legal nature and probative force
The essential difference between the act of notoriety and the certificate of inheritance lies in their legal value, their method of establishment and their scope of use :
- The deed of notoriety is an authentic deed, established exclusively by a notary. It allows you to officially prove your status as heir.
- The certificate of inheritance is an administrative document, historically issued by certain town halls or local authorities. It almost no longer exists today.
Attestation and certificate of heredity
Apart from the above cases, the proof of heirship is done by means of a certificate of heredity. Since the law of February 16, 2015, heirs can draw up and sign a certificate giving all the powers to one of them to carry out conservatory acts on the bank accounts of the deceased, within the limit of 5,965 euros: this is the certificate of heirs.
Safe holder certificate
Another case: the certificate of strong holder, which is a personal commitment whereby a person acts on behalf of other heirs by promising that they will subsequently ratify the acts performed. It does not legally prove the status of heir and is only admitted for limited and precautionary acts.
How long does it take to obtain a certificate of notoriety?
The notoriety certificate can be established in a few days in a very simple succession. In practice, it is given in one to three weeks in the majority of common situations. However, when the inheritance situation is complex, it can take several months. The period starts from the moment the notary has all the necessary documents.
How to obtain a certificate of notoriety?
Contact a notary
To obtain a certificate of notoriety, the heirs must make an appointment with a notary. The notary can be chosen freely, regardless of the place of death or the residence of the deceased. He is the only professional authorized to establish and authenticate the act of notoriety, in accordance with the rules of the Civil Code.
Documents to present
The beneficiaries must send the notary the documents allowing them to reconstruct the inheritance, in particular:
- L’death certificate of the deceased ;
- the marriage contract established by the deceased during their lifetime;
- proof of identity and address of the heirs (birth certificates, family record book, identity documents);
- any information relating to the possible existence of a will, a marriage contract, donations or previous liberalities;
- the complete contact details of all the heirs and their degree of relationship.
Verifications carried out by the notary
Before drawing up the deed of notoriety, the notary carries out several checksin particular the consultation of the Central File of Last Wills and Testaments, in order to know if the deceased had drawn up a legacy during his lifetime, but also the analysis of the matrimonial regime of the deceased and the consistency of the information provided by the heirs.
If the family situation is uncertain or incomplete, the notary may resort to a estate genealogist to identify all the heirs.
Declarations of heirs, drafting and signing of the deed of notoriety
The heirs are then invited to declare on honor that they are indeed heirs of the deceased, that there are no other heirs and that the information transmitted is accurate. Then, the notary draws up the deed, has it signed and keeps the original among his minutes. Copies or devolving certificates are then given to the heirs.
Can we obtain a certificate of notoriety online?
No, it is not possible to obtain a certificate of notoriety entirely online without going through a notary. The latter remains a authentic document which must be drawn up and signed by a notary, which requires a supervised dematerialized process or a physical or videoconference appearance.
How much does a notoriety certificate cost?
Price of an act of notoriety
The cost of an act of notoriety is largely regulated. It is therefore necessary to distinguish the price of the deed itself and the other notarial costs linked to the inheritance file. Drafting a certificate of notoriety and issuing devolving certificates costs about 57.69 euros excluding tax (69.23 euros tax included).
Additional fees for inheritance documents from the notary
Other notarial fees may be added, if the notary must study and deal with the implications of the existence of a will or the presence of real estate (which requires the drafting of a real estate certificate and the collection of tax duties). These efforts may also result in additional emoluments or fees.
What is an act of acquisitive notoriety?
The act of acquisitive notoriety is a notarial document which establishes that a person has become the owner of real estate by acquisitive prescription (also called usucapion), that is to say by prolonged possession of the propertywithout initial title deed. It is therefore a document distinct from the classic act of notoriety.
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