What are the steps and process to assert my rights to the estate ?
From the contractualisation with Sogeni to the receipt of funds from the succession, a process must be followed in which we support you and coordinate all operations on your behalf.
Signature of the “basic agreement” and “specific authority”
When an heir has been found, Sogeni contacts him or her to submit a basic agreement. By this agreement, Sogeni undertakes to provide the heir with proof of his rights in the succession which she proposes to disclose upon official acceptance of the heir status by the concerned administrations and / or funds holders. With the signing of this agreement and a specific power to carry out certain administrative steps, the heir mandates Sogeni to officially establish his rights to the inheritance. The basic agreement also sets Sogeni’s remuneration for the services rendered, stating that the latter will be due only if the succession is positive and accepted.
The signature of the basic agreement and the specific authority is therefore the starting point of the process allowing the heir to assert his rights.
NB: in the particular case of leftovers or assets that had been omitted in the division of an already settled estate, the heir will be presented directly a revelation agreement.
Submission of the heir file to the authorities in charge
With the mandate given by the heir, Sogeni will be able to build a file to have him recognized as a beneficiary of the vacant estate. The file will contain in particular all official documents proving the relationship between the heir and the deceased.
Succession case details disclosure
Once the file has been accepted by the authorities and, if applicable, after the administrative deadline set for heirs to declare themselves has expired, Sogeni will be able to reveal the identity of the deceased to the heir. At this stage the assets of the estate are generally not yet known to Sogeni.
Inventory disclosure and acceptance or repudiation of the succession
Some time after the expiry of the administrative deadline, the authorities shall disclose the inventory showing the assets and debts of the estate. Two alternatives are then available :
- Acceptance of the succession and application for the heir certificate, in case of a positive net balance of the estate.
- Repudiation of the succession, in case of a negative net estate.
In the event of a repudiation of the succession, Sogeni’s mandate shall end and all costs incurred up to that time shall be borne by Sogeni. The heir shall not inherit any debt or incur any costs.
Estate liquidation and remittance of funds to the heirs
In case of a positive estate, the process continues with all steps of liquidation and settlement of the succession. In this phase Sogeni is responsible for carrying out or coordinating all operations in the interest of the heir(s) she represents. Having received a power of attorney from the latter for these purposes, she ensures that the partition of the succession is calculated in accordance with the applicable law and that the estate is settled in full compliance with the tax and judicial authorities.
Once the estate is wound up, each heir receives his share of the inheritance, less the inheritance tax and the remuneration of Sogeni for the services provided, according to the rates set out in the “basic agreement” or the “revelation agreement”, whichever applying to that particular inheritance case.