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What gets declared, before any tax is worked out
The explanation, in the order it is meant to be read · 19 sections · 818 words · 4 min
Mrs Ferrand leaves a flat valued at 350 000 €, 95 000 € in bank accounts, and 17 250 € of debts and funeral costs. Her two children assume the estate is worth 445 000 €. It is worth 467 250 €: nobody thought about the furniture, which the law values by default at 5 % of everything else. Before you read on: where do those 22 250 € come from, when no one has listed a single item?
What you will be able to do
- Tell apart the gross estate, deductible liabilities and the net taxable estate.
- Know the date on which the deceased's bank balances are frozen.
- Apply the three valuation methods for movable property, and the 5 % floor that applies by default.
- Spot what stays outside the estate, starting with life insurance proceeds.
- Rebuild a complete net taxable estate from a described set of assets.
The tax falls on a net share, not on the estate as a whole
Inheritance tax strikes neither the deceased's wealth taken as a block, nor what each heir believes they are receiving. It strikes a figure built in three steps: the gross estate, less deductible liabilities, equals the net taxable estate — which is then divided between the heirs.
The order matters, and it is the first source of error. An heir who applies their 100 000 € allowance before deducting the debts gets it wrong twice: they tax a sum they will never receive, and they charge it against the wrong base. The official sequence is fixed and cannot be rearranged.
A second, less familiar marker: the deceased's bank balances are frozen at the date of death. Not on the day the notary opens the file, nor on the day the return is filed. An account that has shrunk since the death is still declared at its value on that day.
Definition
Net taxable estate — The total of the deceased's assets and rights valued at the date of death, less the debts owed by them on that same date. It is on this figure, and this figure alone, that the division between heirs and then the allowances are applied.
Furniture: three valuation methods, and a floor
Article 764 of the French tax code does not let heirs value furniture as they please. It imposes a hierarchy of three methods, in order, each applying only when the previous one is unavailable.
First, the sale price, where the furniture is sold at public auction within two years of the death. Failing that, the valuation contained in an inventory drawn up in the prescribed form within five years. Failing that again, the detailed and estimated declaration of the parties.
It is this third case that holds the surprise. The same article sets a floor: the taxable value of household furniture cannot be less than 5 % of all other movable and immovable assets of the estate. Proof to the contrary remains open, but it has to be proved.
In the Ferrand estate, the other assets total 445 000 €. The default rate therefore puts the furniture at 22 250 €, when nobody has opened a cupboard. Having an inventory drawn up costs a few hundred euros and can bring that base down to its real value.
Key figures
- Furniture default rate, absent a sale or an inventory
- 5 % of the estate's other assets
- Public sale period accepted as a valuation basis
- 2 years after the death
- Inventory period accepted as a valuation basis
- 5 years after the death
- Furniture default value in the Ferrand estate
- 22 250 €
Deductible liabilities, and what never enters the estate
Debts owed by the deceased at the date of death are deductible: the outstanding capital of a loan, unpaid taxes, final invoices. Funeral costs are also deductible, up to a fixed ceiling, without having to justify each item of expenditure.
One thing does not appear in that estate, and it is the most frequent confusion: life insurance proceeds paid to a named beneficiary. They follow a separate tax regime, with their own allowances, and do not mix with the estate.
The reverse is also true: some assets heirs believe are outside the estate do come back in, such as gifts made by the deceased less than fifteen years before death. They are not taxed twice, but they return into the calculation of the allowance still available.
Mistakes to avoid
- Forgetting the furniture, when the 5 % default rate applies automatically if no inventory has been drawn up.
- Using the value of the accounts on the day the estate is settled rather than at the date of death.
- Applying the personal allowance before deducting liabilities, which taxes a sum never received.
- Bringing life insurance into the estate, when it falls under a separate regime.
- Overlooking gifts received from the deceased less than fifteen years ago, which reduce the allowance still available.
- Treating the furniture default rate as untouchable, when an inventory in the prescribed form escapes it.
Educational content, current with the sources cited. It does not replace advice tailored to your situation. These courses are neither certifying nor CPF-eligible: they prepare for no certification registered with the French RNCP or specific register.