Sorry for the morbid post, but it’s going to happen someday to all of us. How can you best prepare before it happens and what must be done as soon as possible?
Beyond obtaining a death certificate and making the statutory declarations it is down to you. A good undertaker will guide you and help you with the funeral. After that what you do depends on the circmstances.
In my experience Funeral Directors here are more involved in the initial processes and will guide you. However this also gives an outline. (One can flick it to english translation)
My own experience happened in hospital so they took care of everything from the morgue to body release to the pompes funèbres who supplied the coffin before that release as the police had to come and put an official wax seal on the lid to confirm who was in it and also registered the death with the town mairie as the death was there and not in the commune. If the death happens at home, you contact the undertakers who usually take over and do all the funeral side of things, the mairie will get involved obviously and maybe the doctor if the deceased was ill at the time. The only time a post mortem is required is in the case of suspicious death/murder/accident etc. You have 5 working days in which to hold the funeral and after that time the body must be embalmed and leave the morgue anyway. The notaire is also informed so the sucession can start, you have four months in which to do this and it goes from there. I can’t remember a lot of it, was in a state of shock but people keep coming round to the house every hour or so for days and days got me down in the end even though I knew they meant well and OH was very well known locally and further afield.
Leaving aside the fact that my wife died in hospital where she had been taken a few hours before, and not in the house, the simple answer to your question is twofold.
Find the closest funeral directors but even before that if at all possible, have at least one really good neighbour. My own held my hand through everything including taking me to the, pre-warned by her, funeral place on a Sunday from which all that flowed afterwards was done by them.
That included collecting Fran from the hospital the same day along with the death certificate. Then to the bank, to inform them, then fix a rdv with a notaire who sets out to contact all the successors if there are any.
But I have to come back to the good neighbour, French if possible and someone who understands the system. That was where I was most lucky. Marie-Paule set up all the others.
Now living alone in the house with the 2 dogs, they are my only concern. So, Marie-Paule checks that my front shutters, which she can see from her drive, are open by midday each day and if not, knows that something is amiss. She knows who to ring to make sure the dogs are taken care of and after that, will send the news via an English speaker to my son in China. Nothing else matters.
So, first find a good neighbour.
I can’t advise you on French procedure (good info already given above) but well done for thinking about this ahead of time and finding out what you need to do!
Coincidentally I did this myself last week (the planning process, not dealing with the death) here in the UK - sat down with a lawyer friend who specialises in wills and probate and went through all the steps needed when someone dies, so that I will be ready when my mother does go.
There were various bits and pieces that I hadn’t thought of, but mainly it was very reassuring to have the whole procedure written down so I won’t have to figure it out at a sad and stressful time.
Something she did mention to me which may be relevant was getting a sufficient number of original copies of the death certificate to give to financial institutions, as some won’t accept photocopies.
She also said “when you send a bank a death certificate copy, ask them to return it”, again so that you have enough originals for all eventualities.
Also, having a “dossier” of all possible paperwork (birth certificates, marriage certificates, trust documents if any, etc., plus financial statements of the deceased person’s accounts) ready ahead of time. I’ve got a lot of it already but I need to try and find a copy of my grandfather’s will and the trust document that was set up back in the 1960s when he left some money to my mother.
Again, I would imagine this applies doubly in France as it does in UK. She said that if she has all that info to hand she can get the probate process rolling straight away to minimise its timescale.
David, I got told off yesterday for leaving my key in the front door in case someone has to get in - its a solid steel affair with three locks so not a shoulder push job. I never gave it a thought but suppose its something we that live on our own should do so that anyone who is worried and has a key/contact can come in, even in case of injury of illness etc.
They gave me ten copies all originals of the death certificate here and in one case, I had to return to the hospital to get the consultant in the ITU to sign an attestation of the cause of death for some UK insurance companies and I also kept the original for French demands too. The certificate dèces here does not give cause of death on it, hence the demand for the reason of death.
I think giving a reliable neighbour a key is a great idea - or perhaps fit a lockbox with a key inside like they do with gites, and give the lockbox code to somebody? I wonder if the mairie or pompiers would be willing to keep such information, if a suitable neighbour is not available?
VG! My lawyer told me that in the UK you have to ask the Registrar for however many certified copies you need - you don’t get a bunch automatically - and they cost about £10 each! Extras can be obtained later but can cost more apparently.
The key is always in the front door unless I am away for more than a couple of hours, but the afore-mentioned neighbour, and a couple of selected others, knows how to get into the house without a key. However there is even no need of that as there is always an open door 24/7 so the dogs can get in and out.
If some bad person were to come into the house during the night, Jules, who is very alert and very loud would soon wake me from sleep and might have already scared the intruder off by that and his very fierce black and tan appearance.
If he died I would have to get another like him, sweet little Galys wouldn’t scare anybody and, unless she had her eyes open, being deaf wouldn’t even notice them.
Do you have home insurance though David? I would imagine that leaving the house unlocked when you are out could invalidate that, certainly as far as theft is concerned, and I wouldn’t put it past them to refuse to pay on those grounds even if you had a fire…
Might be worth checking?
I don’t remember it being that much! Thankfully as we got 25 at the start for my FIL as his hobby was playing with stocks and shares and that would have cost! He had tiny amounts in -literally- a hundred different companies. It took forever sending things and getting them back even with25 copies. And some of them proved too difficult to deal with. He had about £50 in a Japanese company that wanted us to get probate in Japan before they would transfer the holding.
So my top tip is that once one gets to a certain age/state of health make sure assets are in things easily accessible to your sucessors. .
Just checked on Surrey County Council website and they say this:
- No death certificates are issued free of charge.
- The cost for each death certificate is £12.50.
Even when you’re dead they get you…
I might ask if there’s a discount for quantity…
If the death is in France, plan in advance as the time between death and burial (unless embalmed) is so short. For example can friends/relations get there in time if coming from abroad?
These days so much of our live is (usually) in our computers / phones - does someone else know how to get past passwords etc?
If the one who dies is responsible for feeding / doctoring pets in the house does the survivor know what to do?
Discussion re cremation or burial needed beforehand.
Pensions / life insurance - survivor needs to know details, eg we each have pensions where the other will benefit.
Bank account(s) - discussion beforehand - what happens to standing orders etc if deceased a/c frozen. I’ve known couples where the man died and the wife had no access to money.
All free here. Back in March this year when our mum died, my sisters had to wait nearly 6 weeks for a death certificate from the registrar. It was a cockup from start to finish - doctor forgot to sign when he declared death, the registrar made a mess of names and dates, it was lost in a pile and so on and they had to pay for all this needing extra copies for insurance claims etc. The girls were half expecting covid to be given as a reason for all this clumsiness by so called professionals.
Thats where I miss having a dog, my old lad could hear things miles away and was always on the prowl.
All very good advice @SuePJ and I had all that covered before Fran died. But the following needs a little explanation.
Accounts that are in both names under either or names remain open and available to a surviving party.
But accounts specifically in the deceased’s name only are frozen at the moment of death, and that is until the notaire has sorted out the succession, which in France can take many months because of children etc based overseas.
There is at least one exception to the rule, and that is that funeral expenses are the responsability of the deceased, so the director sends the bill directly to the bank or notaire, and is paid very rapidly from that otherwise sealed account. .
Your mention of a widow with no money available should stand as a salutary warning for all joint accounts to be M. ou Mme, and not M. et Mme.
Sorry I forgot to mention that I long ago started a file that contained all that stuff and was prominently labelled in block black capitals DEATH.
And it was placed right at the front of the top drawer of the filing cabinet, not in its alphabetic location.
BTW, thought about your advice re insurance and open doors but I reckon as long as I only tell the local trusted few, should be ok.
I once had to break into a double glazed door with a pickaxe, and it took ages. I wouldn’t wish that on anyone, especially me if I was merely oversleeping…soundly.
I recently aggregated the necessary information for future reference. I used to be a UX architect and at the risk of frivolity I believe it is every parent’s and spouse’s duty to make dealing with one’s death as user-friendly as possible in order to avoid compounding the inevitable grief with unnecessary stress and uncertainty.
Disclaimer: I compiled this from various sources for my own use. I do not claim to be an authority on the matter and take no responsibility for any errors that may have crept in.
Obtaining a death certificate
Deaths must be registered in the country where the person died. In France, a death is registered at the local ‘mairie’ (town hall). The next of kin usually registers the death. This can also be carried out by a local firm of funeral directors.
In the first 24 hours after it happens (excluding Sundays and public holidays), the death must be declared to the authorities. If the person died at home a doctor must be called on to issue a certificat de décès death certificate.
You can therefore call their GP practice, or alternatively the emergency medical services (Samu) on 15.
Deaths that are deemed to be suspicious, violent or that occurred in a public place must follow a different procedure.
French law states only that this document – containing the person’s full name, date and time of death, cause of death, date and place of birth, profession and address – must be produced by a “doctor,” but does not specify that this doctor should have treated the individual in the past.
Certificates will normally be issued in French but it is possible to ask for a multilingual translation. French death certificates do not show the cause of death
Ask for extra copies of the death certificate where possible. You might need to officially inform other organisations of the death.
You do not need to register the death in the UK. The local death certificate can usually be used in the UK for most purposes, including probate.
Declaring the death
Once the doctor has certified the death, you must declare it to the mairie either of the place of death or the place where your relative or partner lived. There you will be asked to present a document confirming both your identity and that of the deceased.
The mairie will then publish an official, publicly available acte de décès , containing all of the information detailed in the certificat de décès , save the cause of death.
It is best to request around 10 copies of this formal death certificate when you go to the mairie , as you will need to use it to shut down your relative’s various accounts.
If the death took place in a hospital or a care home, this establishment will take care of the certification process for you.
You need to tell the local authorities if the person who died suffered from an infectious condition, such as hepatitis or HIV, so they can take precautions against infection.
Retrieve belongings
Personal belongings found on the person who died at the time of death are handed to the police if the family is not present.
If you choose to repatriate, instruct the local funeral director to collect all personal belongings from the police or court and ship them together with the person who died.
If there is an investigation into the death, clothing may be retained as evidence and will not be returned until the court case is finished.
Looking after the person’s body
If they died at home, a person’s body can stay there for a maximum of six working days with the permission of a doctor.
Alternatively, the body can be transferred to a hospital mortuary, where it can stay without charge for three days following the death. After this time the relatives will have to pay, although the tariff will depend on the hospital in question.
The family can also choose to have their relative moved to a funeral parlour between 24 and 48 hours after the death. They charge around €100 per day.
Deal with a local post-mortem
Post-mortems are normally performed when the cause of death is unknown, unnatural, sudden or violent. Post-mortems are carried out by forensic doctors appointed by the court. Cultural or religious sensitivities may not be taken into account. The Foreign, Commonwealth & Development Office cannot stop or interfere with the process.
In France a post-mortem is usually carried out at the Legal Medical Institute (Institut Medico Legal (IML). Only medical staff and the police and/or magistrate in charge of the investigation can attend.
During a post-mortem, small tissue samples and organs may be removed and retained for testing without the consent of the family. You will not automatically be told if this happens. If French judicial authorities in charge of the case decide they no longer need the body parts, the next of kin can request their release.
If you want a copy of the post-mortem report, you must apply through the coroner in the UK (in the case of a repatriation) or through the local court dealing with the death.
Gathering all the necessary papers
If relevant, check for any papers that contain details of a pre-reserved individual or family plot (titre de concession ), or which reflect the wishes of your relative or partner in relation to cremation, burial, and the type of funeral service they wanted.
If the person did not express a preference, it is up to their spouse or partner, or failing that their children, to decide. In the case of a disagreement between family members, a judge from the place of death will rule on the matter.
Burying a person in a cemetery requires permission from the mairie , and will normally be granted if it concerns the town in which the person lived or died, or the location of their family tomb.
If your relative had not already reserved a burial plot you will have to buy one at the mairie or the bureau des cimetières.
Permission for cremation services must be obtained from the mairie of the commune where the death occurred, and the authorities must be presented with a medical certificate confirming that no pacemaker or similar device remains within the body.
The family will be given the deceased’s ashes after the cremation takes place, but will only be allowed to scatter them in certain places. For example, it is forbidden to scatter them, or let them land on public spaces such as parks or squares, and although you can spread them at sea, you should avoid rivers.
All French citizens are automatically registered for organ donation unless they opt out, but in the case of foreign nationals the medical authorities will defer to the system in their home country. Doctors will consult the family on the deceased’s wishes, and refusal will need to be given in writing, explaining that the person was opposed to the idea.
The person may have taken out funeral insurance, which could provide their family with a lump sum towards burial costs, or which could even have made arrangements for the ceremony in advance.
If you are not sure whether your relative took out funeral cover or not, the Association pour la gestion des informations sur le risque en assurance (Agira) search platform can help you to work out whether a policy exists or not, and should provide you with an answer within three days.
You can have your relative’s post forwarded to another address, whether in France or overseas. The packages available are detailed on the La Poste postal service website.
Find a translator
You may need a translator to help understand information from local authorities or get certain documents translated. You can find a list of official translators here.
Find a lawyer
You can apply to appoint a lawyer in certain circumstances, such as a suspicious death. You can find a list of English speaking lawyers.
Choosing a funeral director
Once the death has been registered, the mairie will issue a burial permit (permis d’inhumer ).
You can look for funeral directors on the Pompes funèbres de France website, or in the local mairie or hospital.
In order to determine which funeral firms offer the best service, you can ask for several quotes and decide between them. If any aspect of the quote is unclear, ask for more specific information.
The funeral should take place from 24 hours and six working days after their death.
In the context of the Covid pandemic, everyone over the age of 11 who attends a funeral should wear a mask and observe social distancing measures. Attendees do not need to present a health pass and congregation numbers are not limited.
Paying for the funeral
A French funeral typically cost between €3,000 and €4,000, although the price may be higher depending on the services offered.
If an individual did not have funeral insurance, it is up to their loved ones to pay for everything, although if they cannot afford it they are legally permitted to withdraw money from the deceased’s account.
In some cases, the funeral director will be able to bill the bank for their fees, and be paid straight from the deceased person’s account.
The Caisse nationale d’assurance vieillesse des salariés (Cnav) pension provider may also contribute up to €2,286.74 towards funeral costs of people who were French pensioners. To benefit, their relatives must present the funeral bill and the acte de décès .
Informing the necessary organisations
Between 10 and 30 days after a person’s death, their loved ones should begin informing all the organisations with whom they had dealings.
This includes their bank, their pension provider or Pôle emploi if relevant, their health insurance and the tax authorities, as well as their electricity, gas, telephone and water suppliers.
It is best to send these organisations a letter sent recorded delivery, enclosing the acte de décès .
If the deceased lived alone in a rented, unfurnished flat or house, their death marks the end of their tenancy. Their loved ones should make sure that the property is cleaned and emptied out before it is handed back over to the landlord.
In the case of a furnished property, the tenancy is not automatically terminated, and so the person’s family should inform the landlord as quickly as possible to avoid continuing to pay rent.
Finally, it is necessary to cancel the person’s car insurance and carte grise vehicle registration record.
Paying any staff their dues
The death of a person marks the automatic termination of the employment of any staff members – including carers and cleaners – that they may have had.
Relatives are advised to send the employees a letter to this effect, and will be required to pay their final wages, their redundancy pay and any holiday pay.
Organising the inheritance
In the days following a person’s death, their family should enlist the help of a notaire so as to identify the inheritance rights of the deceased’s family and settle the share-out of their estate.
In certain situations where relatively small sums are involved and there is no will or real estate, a person’s next of kin may prove their relationship to the deceased with a certificat d’hérédité , which in some parts of France can be requested from the mairie of the commune where the deceased lived.
Read more: What is a ‘certificate of heredity’ in France and how do I get one?
If there is no will, the order of inheritance follows a strict hierarchy. For example, if the deceased had no parents or living spouse but did have children, their entire estate will go to them. However, if the individual is survived by a spouse and by children, the inheritance will be divided among them all.
This system is explained in further detail on the Notaires de France website.
Even if a will exists, there are French inheritance rules surrounding the distribution of a person’s estate. Only if the deceased was neither married nor a parent may they freely leave their money and property to people of their choice.
If they had a spouse and/or children, they cannot disinherit them because of the réserve héréditaire forced heirship rules. If they had only one child, at least half of their estate must go to them. If they had two, it must be two thirds, and if they had three or more it must be three quarters.
The quotité disponible (remaining amount available after application of these rules) can be distributed to anyone, whether another family member, a friend or one of your children.
This month, a new French law came into place stating that forced heirship would apply even if a will specified the use of a foreign inheritance law. This means that if, for example, the British children of a French resident were disinherited they could seek compensation out of the person’s French estate.
Read more: Inheritance France: ‘Law of nationality’ wishes at risk in some wills
Read more: Lawyers in France frustrated over new wills law
This goes against an EU succession regulation, in force since 2015, which allows those making wills to choose the legal system of another country whose nationality they hold for the distribution of their estate.
Franco-British honorary avocat Gérard Barron has said: “I believe the new article will not survive a challenge in the European Court of Justice,” but until it is formally disputed he said it may cause problems for some families.
Anyone who inherits money through a French will must make a déclaration de succession so that the tax authorities can determine if they need to pay inheritance tax.
The deceased’s spouse and children will not have to make a declaration or pay any inheritance tax if the actif brut de la succession (gross estate assets) was less than €50,000 and they did not receive any undeclared gifts or donations.
The déclaration can be completed on impots.gouv.fr, and must be filed within six months of the testator’s death if it took place in France
Cancel a passport
To avoid identity fraud, the passport of the person who died should be cancelled with HM Passport Office (HMPO). To do this, you need to [complete a D1 form]
(What to do with a passport when the passport holder has died - GOV.UK).
If you plan to repatriate the person who died to the UK, you may require their passport to do this. In these circumstances, you should cancel the passport after they have been repatriated.
Time Line “To Do” Checklist
The following tasks should be completed following the death of an immediate family member:
- Within 24 hours
-
Have a doctor declare the death
-
Contact a funeral service/undertaker to manage the burial, cremation or repatriation of the body (it is recommended to get a full quote in advance)
-
Make declaration of the death at the local Mairie
- Within six days
- Make arrangements for the funeral and burial or cremation
- Within the first few weeks, up to a month
-
Get a copy of the death certificate (intégrale d’acte de décès ) from the Mairie (this is free and may be issued immediately on request)
-
Heirs request an inheritance certificate (certificat d’hérédité ) from deceased’s local Mairie , or from the heirs local Mairie if they are resident in France. Proof of identity and relationship to the deceased are required and the Mayor has the right to refuse if not satisfied. Supply ID document and any documents that justify the heirship
-
Get an "Act of recognition " (acte de notoriété héréditaire ), a document issued by a notary which provides proof of heirship and is needed by the deceased’s spouse or immediate heir to close bank accounts, change ownership on the Carte Grise vehicle registration documents and so on
-
Notify the deceased’s employer (if relevant)
-
Notify the deceased’s landlord (if relevant)
-
Notify the deceased’s bank and any organisations where policies are held (insurance, credit)
-
Notify the deceased CPAM health insurance office and submit the Carte Vitale . Death benefits are paid to the surviving heirs and final medical expenses (if relevant) are reimbursed
-
Notify the deceased’s Mutuelle and life insurance provider
-
Notify the pensions and unemployment authorities (if relevant)
-
If the deceased was in a PACS relationship, this must be dissolved by the court (Greffier du tribunal d’instance ) where the PACS was first registered.
- The French Government provide full details on PACS inheritance rights (in French)
- Within six months
- Contact a lawyer to manage the dissolution of the estate. This includes the release of inheritance and declaration and payment of inheritance taxes
- Within a reasonable period (one to six months)
-
Notify all service providers (telephone, water and electricity), and any other people and organisations relevant to the deceased
-
Vehicle insurance and registration, other insurance
-
Tenants (if relevant)
Other links