Statutory Devolution: The General Principle
When a person dies, French law immediately and automatically vests their assets in the persons designated by statute as their heirs. This process — la dévolution légale de la succession — operates by operation of law, without prior formalities. The governing provision is C. civ. Art. 734, which classifies the potential heirs into four orders. The fundamental rule is simple: if any member of a given order survives the deceased, that order inherits the entire estate and excludes all lower orders. These rules apply to successions opened on or after 1 January 2007, as reformed by loi 2006-728 of 23 June 2006.
Statutory devolution is the default framework, not an absolute rule. A person may modify the distribution of their estate by will or by donation entre époux, subject to the reserved shares (réserve héréditaire) that guarantee certain close heirs a minimum portion. The statutory orders govern entirely in the absence of any such arrangement.
The Four Orders at a Glance
First Order: Descendants
The first order consists of all persons in the direct descending line: children, grandchildren, great-grandchildren, and beyond without limit. It includes all children regardless of filiation (C. civ. Art. 735): legitimate, natural, or adoptive under a full adoption (adoption plénière). Whenever one or more members survive the deceased, they inherit the entire estate and exclude all other heirs.
Division within the First Order: The Degree Rule
Within the first order, inheritance passes to the heir closest in degree. The closer heir excludes the remoter one (C. civ. Art. 744, al. 1). Where multiple heirs stand at the same degree — two surviving children — they share the estate equally by head (C. civ. Art. 744, al. 2).
The deceased leaves two surviving children A and B, together with two grandchildren C1 and C2 (children of a third child who predeceased). A and B, as first-degree relatives, exclude C1 and C2 unless the representation mechanism applies.
Representation
Representation (C. civ. Art. 751) is the legal fiction that calls the descendants of a pre-deceased, renouncing, or unworthy heir to exercise, in that heir's place, the rights the heir would have held. In the first order, representation applies in three situations: pre-decease before the deceased; renunciation of the succession (applicable since 1 January 2007 — C. civ. Art. 754, al. 1); and unworthiness (indignité successorale). Representation requires a plurality of souches (branches): it only operates if the deceased had more than one child (Cass. 1ère civ. 25-9-2013 n° 12-17.556). In the first order, representation operates without limit of degree. Division always takes place par souche (by branch).
The deceased leaves one surviving child A, and two grandchildren B1 and B2, children of B who predeceased. By representation, B1 and B2 step into B's place: A takes ½ and B1 and B2 share the remaining ½, each receiving ¼.
The deceased leaves a son A and three grandchildren B1, B2, and B3 — children of B, who renounces the succession. By representation, B1, B2, and B3 inherit in B's place: A takes ½ and each grandchild receives ⅙.
Second Order: Privileged Ascendants and Collaterals
The second order comes into play only in the absence of any surviving descendant. It is a mixed order comprising: the father and mother of the deceased (or the survivor of them); and brothers and sisters (including half-siblings) and all of their descendants without limit of degree (C. civ. Art. 734, al. 1-2°).
Distribution within the Second Order
| Survivors present | Distribution |
|---|---|
| Father, mother, and siblings | Father: ¼ — Mother: ¼ — Siblings and their descendants: ½, shared equally |
| One parent and siblings | Surviving parent: ¼ — Siblings and their descendants: ¾, shared equally |
| Siblings only (no parents) | Siblings (and their descendants) share the entire estate; ordinary ascendants and collaterals are excluded |
| Both parents, no siblings | Father: ½ — Mother: ½ |
| One parent only, no siblings | The surviving parent takes the whole estate, unless an ordinary ascendant survives in the other line (see fente exception below) |
The father and mother each hold a fixed share of ¼. Within the sibling branch, representation operates where a sibling has pre-deceased, renounced, or been declared unworthy — their descendants step into their place by branch. Representation is excluded where there is only a single branch (Cass. 1ère civ. 14-3-2018 n° 17-14.583; Cass. 1ère civ. 3-10-2019 n° 18-18.736).
The Fente Exception: Second and Third Orders in a Single Succession
A structural exception arises when only one parent survives the deceased, there are no siblings, but ordinary ascendants exist in the other line. C. civ. Art. 738-1 provides in this case that the estate is divided equally: one half to the surviving parent and one half to the ordinary ascendants in the other branch. This is the single situation in which heirs from two different orders share the same succession.
Third Order: Ordinary Ascendants
The third order consists of all ascendants other than the father and mother: grandparents, great-grandparents, and beyond in both lines (C. civ. Art. 734, al. 1-3°). Called only when neither the first nor the second order is represented, and additionally only in the absence of a surviving spouse, who excludes the third order entirely (C. civ. Art. 757-2).
Within the third order, the estate is divided into two equal halves: one for the paternal line and one for the maternal line, by the fente successorale (C. civ. Art. 747). Within each line, the ascendant closest in degree takes the half allocated to that line. If one line produces no heir, its share passes entirely to the other line (C. civ. Art. 748, al. 3). No representation applies.
No descendants, no parents, no siblings, no surviving spouse. Paternal line: two paternal grandparents (second degree). Maternal line: one maternal great-grandmother (third degree).
The paternal grandparents divide the paternal half equally, each receiving ¼. The maternal great-grandmother takes the entire maternal half (½) because no maternal grandparent survives. The fente gives the great-grandmother ½ despite being less closely related than the grandparents.
Fourth Order: Ordinary Collaterals
The fourth order comprises relatives outside the three preceding orders: uncles, aunts, great-uncles, great-aunts, and cousins of all degrees — but only up to and including the sixth degree of kinship (C. civ. Art. 745). The fente successorale applies: the estate is divided equally between the paternal branch and the maternal branch (C. civ. Art. 749–750). Representation does not apply in the fourth order (C. civ. Art. 752-2, a contrario). The entire fourth order is excluded by the surviving spouse (C. civ. Art. 757-2).
No surviving spouse, no descendants, no parents, no siblings, no grandparents. Paternal branch: cousins germains C1 and C2 (fourth degree) and cousin issu de germain C3 (fifth degree). Maternal branch: an uncle (third degree) and a great-uncle (fourth degree).
C1 and C2 exclude C3 within the paternal branch and each receive ¼. The uncle, as the closest heir in the maternal branch, takes the entire maternal half (½), excluding the great-uncle.
The Degree System
In the direct line, degree equals the number of generations: parent–child is first degree; grandparent–grandchild is second degree. In the collateral line, degree is calculated by ascending to the closest common ancestor and then descending to the other person: siblings — second degree; uncle/aunt — third degree; cousins germains — fourth degree; cousins issus de germains — fifth degree.
The Surviving Spouse: Outside the Four Orders
The surviving spouse — the spouse who was not divorced at the date of death (C. civ. Art. 732) — is not ranked in any of the four orders. They compete with the first two orders; their entitlement varies considerably depending on whether the deceased's children are common children of the couple or include children from another relationship. The spouse excludes the third and fourth orders entirely: where a non-divorced spouse survives, neither ordinary ascendants nor ordinary collaterals receive anything (C. civ. Art. 757-2). The spouse benefits additionally from a non-waivable right of housing and, in certain circumstances, a right to a maintenance pension.
A partner under a PACS (pacte civil de solidarité) has no statutory succession rights whatsoever. Nor does an unmarried cohabitant. Both can inherit only if the deceased has made a valid testamentary provision in their favour — subject in each case to the reserved shares of the deceased's descendants.
The Sixth-Degree Limit and Succession by the State
Succession rights in the collateral line are capped at the sixth degree (C. civ. Art. 745). Where no heir survives within six degrees, there is no surviving spouse, and no valid testament or universal donee has been designated, the estate passes to the State. The State must first obtain a court order of envoi en possession before taking possession. Administration is entrusted to a curator under the curatelle de succession vacante regime.
Summary: Who Inherits and in What Circumstances
| Survivors at death | Who inherits and in what proportions |
|---|---|
| Children only (no spouse) | Children in equal shares; representation by branch for any pre-deceased child's line |
| Spouse + common children | Spouse: choice of full usufruct over all assets or ¼ in full ownership — Children: remainder |
| Spouse + children from another relationship | Spouse: ¼ in full ownership (fixed, no choice) — Children: ¾ |
| Spouse + both parents + siblings (no children) | Spouse: ¼ — Father: ¼ — Mother: ¼ — Siblings: ¼ shared equally |
| Spouse + siblings only (no children, no parents) | Spouse: ½ — Siblings: ½ shared equally |
| Spouse only (no children, no parents, no siblings) | Spouse: entire estate in full ownership |
| No spouse; both parents + siblings (no children) | Father: ¼ — Mother: ¼ — Siblings: ½ shared equally |
| No spouse; grandparents only (no children, parents, siblings) | Paternal grandparents: ½ shared equally — Maternal grandparents: ½ shared equally |
| No spouse, no 1st or 2nd order; ordinary collaterals only | Ordinary collaterals within 6th degree, divided by line then by degree; no representation |
| No heir within 6th degree, no spouse, no will | State (déshérence) after court order of envoi en possession |
The statutory framework described here reflects the default position where the deceased made no testamentary provision and no lifetime gifts. In practice, the statutory distribution is frequently modified by wills, donations entre époux, and donations-partages. Any such planning remains subject to the réserve héréditaire, which guarantees a minimum share to surviving descendants and, in the absence of descendants, to the surviving spouse.
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Book a ConsultationThis article is provided for general informational purposes only and does not constitute legal advice. French succession law is complex and its application depends on the specific facts of each situation, including the composition of the estate, family structure, the deceased's domicile, and any prior testamentary or donation arrangements. Cross-border estates may additionally be governed by EU Succession Regulation No. 650/2012 (Brussels IV). Readers should consult a qualified French lawyer before taking any steps in connection with a French succession.
Key Legal References
Four statutory orders for succession: heirs classified in four orders; first represented order inherits entire estate and excludes all lower orders. (1) Descendants; (2) Privileged ascendants (father/mother) and collaterals (siblings and their descendants); (3) Ordinary ascendants (grandparents and above); (4) Ordinary collaterals up to 6th degree
Equality of descendants: all children inherit regardless of nature of filiation (legitimate, natural, full adoption); no distinction by gender or birth order
Degree rule: within each order, heir closest in degree takes precedence. Closer heir excludes remoter. Same degree: share equally by head
Sixth-degree limit: succession rights in collateral line capped at sixth degree. Beyond sixth degree: no succession right; estate passes to State (déshérence) after court order of envoi en possession
Fente successorale: in third and fourth orders, estate divided equally between paternal line and maternal line. Within each line, closest degree heir takes the branch share. If one line has no heir, its share passes to the other line
Representation defined: legal fiction calling descendants of a pre-deceased, renouncing, or unworthy heir to exercise, in that heir’s place, the rights the heir would have held. Representative steps into shoes of represented person
Representation in descendant line: applies without limit of degree. Requires plurality of souches (branches) — does not operate if the deceased had only one child. Division par souche (by branch)
No representation in fourth order (ordinary collaterals)
Representation of renouncing heir: applies to successions opened since 1 January 2007; renouncing heir’s descendants may represent them during the renouncing heir’s own lifetime
Surviving spouse successor status: spouse who was not divorced at date of death
Surviving spouse excludes third and fourth orders entirely: where a non-divorced spouse survives, neither ordinary ascendants nor ordinary collaterals receive anything
Second/third order fente exception: where only one parent survives the deceased, there are no siblings, but ordinary ascendants exist in the other line — estate divided equally: one half to surviving parent (2nd order) and one half to ordinary ascendants in the other branch (3rd order)
