French succession law sets out who inherits, in what order, and in what proportions after a person’s death. These rules apply not only to French residents but also, in many cases, to foreigners who own assets in France, particularly real estate.
Unlike common-law systems, French succession law does not allow full freedom to distribute assets. It is built on a structured and mandatory framework designed to protect family members, especially children, and it can override the wishes expressed in a will.
Understanding how French succession works is essential before owning property in France or planning the transmission of assets, as the rules can apply automatically and produce outcomes that differ significantly from those expected under foreign legal systems.
Forced Heirship
French succession law is based on forced heirship, meaning that a portion of the estate must legally pass to certain heirs, regardless of any will.
Children are considered protected heirs and are entitled to a mandatory share of the estate:
- One child: 50% of the estate is reserved
- Two children: 66.6% of the estate is reserved
- Three or more children: 75% of the estate is reserved
Only the remaining part of the estate, known as the freely disposable portion, can be left to anyone of the deceased’s choosing.
Who Inherits?
Under French succession law, children are always first in line. If there is no surviving spouse, they inherit the entire estate in equal shares. When a spouse survives, inheritance is shared between the spouse and the children, but the spouse’s rights are limited by law and do not override the children’s protected shares.
If there are no children, the surviving spouse may inherit all or most of the estate, depending on whether the deceased’s parents are still alive.
PACS partners and unmarried partners do not automatically inherit under French law. Without a will, they receive nothing from the estate.
When no will exists, the estate is distributed automatically according to a strict legal order that prioritises close family members over more distant relatives. To read : French inheritance law no will – What to know ?
Order of Heirs and Distribution of the Estate (No Will)
When there is no will, French law automatically determines who inherits and in what proportions.
If the Deceased Was Not Married
| Family situation | How the estate is distributed |
| Children (or grandchildren by representation) | Children inherit 100% of the estate |
| No children, no siblings | Parents inherit 50% each |
| No children, siblings alive | Parents inherit 25% each; siblings share the remaining 50% |
| One parent deceased | Surviving parent receives 25%; siblings receive 75% |
| Both parents deceased | Siblings inherit 100% |
| No children, parents or siblings | Estate divided 50% maternal family / 50% paternal family, to the closest relatives (uncles, aunts, cousins) |
If the Deceased Was Married
| Family situation | How the estate is distributed |
| Spouse and children | Estate is shared between spouse and children (spouse usually entitled to 25% in full ownership, with options in some cases) |
| Spouse, no children, parents alive | Spouse shares the estate with the parents |
| Spouse, no children, parents deceased | Spouse inherits 100% of the estate |
Civil Partners and Unmarried Couples
Civil (PACS) partners and unmarried partners are not legal heirs under French succession law.
They inherit only if expressly named in a will, although spouses and PACS partners are exempt from inheritance tax. To read : French inheritance tax rules – What you need to know
Can Foreign Law Apply?
Foreign nationals may, in certain situations, choose the inheritance law of their country of nationality to apply to their estate instead of French law. This choice must be explicitly stated in a will.
However, in practice, French law can still prevail for assets located in France, particularly real estate. Recent legal developments allow protected heirs to make claims on French assets even when a foreign law without forced heirship has been chosen.
To read : Inheritance from French Real Estate to US Citizen – What to know ?
As a result, owning property in France can still trigger French succession rules, despite a foreign will.
Go further
SCI France Inheritance: How to Protect Your Property and Reduce Inheritance Tax