Frequently asked questions
Costs, timescales, documents to provide, how a matter unfolds: what you need to know before consulting us.
Choose the field that concerns you.
Real estate law
Notary fees for a property purchase average 7 to 8% of the sale price for an existing property, and 2 to 3% for a new property (off-plan). They comprise the duties and taxes paid to the State (around 80%), disbursements (costs incurred on behalf of the client) and the notary's remuneration, which is regulated by decree. Maître Capdevila provides you with a detailed estimate from the very start of the file.
Yes, absolutely. Each party, buyer and seller alike, may appoint their own notary. In this case, the two notaries collaborate on the file and share the fees, at no additional cost to the client. It is even recommended, to ensure that your interests are defended by your own adviser.
The usual timeframe is 2 to 3 months between the signing of the preliminary sale agreement and the authentic deed. This period allows for the legal checks to be carried out (mortgage status, town planning, diagnostics), for bank financing to be obtained and for any pre-emption rights to be cleared. It can be shortened if all the conditions are met quickly.
An authentic deed is a document drawn up by a public officer (the notary) that gives it evidential and enforceable force that private agreements do not have. For property sales it is mandatory: without it, the transfer of ownership is not enforceable against third parties and cannot be published in the land register.
The notary verifies the legal soundness of the property (title deed, easements, mortgages, town planning) but does not carry out a physical inspection of the property. Hidden defects are the responsibility of the seller. This is why the mandatory property diagnostics (energy performance, asbestos, lead, etc.) are appended to the deed and their completion is verified by the notary.
Inheritance & wills
The notary fees for an estate consist of three elements: the notary's regulated fees (calculated according to a regulated scale as a percentage of the estate's assets), the inheritance tax paid over to the State (which varies according to the family relationship and the value of the assets), and the disbursements (costs incurred by the notary: publications, copies, searches). For a child inheriting from a parent, inheritance tax applies after a tax allowance of €100,000 per child.
The notary fees relating to the estate (fees for settling the estate, inheritance tax, division costs) are deducted from the estate assets before division between the heirs. In practice, they are therefore borne by all the heirs in proportion to their rights in the estate. If certain heirs request specific deeds on their own behalf, these costs are billed to them individually.
The inheritance tax declaration must be filed with the tax authorities within 6 months of the death (12 months if the death occurred abroad). The full settlement of the estate, namely the inventory, the valuation of the assets and the division, takes on average 6 months to 1 year for a simple estate, and may take several years for complex estates (assets abroad, heirs in conflict, business valuation).
You are free to choose your notary to settle an estate. It is not compulsory to call upon the deceased's notary. Choose a trusted notary who is available and, if possible, specialised in complex estates should your matter require it (international succession, professional assets, heirs in disagreement). Maître Capdevila in Beaulieu-sur-Mer handles both simple estates and the most complex matters.
The holographic will is written entirely by hand, dated and signed by the testator. It does not have to be drafted before a notary, but it is strongly recommended to deposit it with one for safekeeping (central register of last wills and testaments). After the death, the notary proceeds with its opening, verifies its authenticity and draws up the record of opening before organising its execution.
Since the European Regulation of 4 July 2012 (applicable since 2015), the law applicable to a succession is in principle that of the country of the deceased's habitual residence at the time of death. A foreign national residing in France will therefore have their succession governed by French law, unless they have expressly chosen the law of their nationality in their will. Maître Capdevila, accustomed to the international clientele of the French Riviera, is well versed in these conflict-of-laws rules.
No, not entirely. French law protects children through forced heirship (réserve héréditaire): a minimum share of the estate that must be transferred to them, whatever the wishes of the deceased. This reserved portion is 1/2 for one child, 2/3 for two children and 3/4 for three or more children. The disposable portion (quotité disponible), namely the share you can freely dispose of by will or gift, is what remains after deducting the reserved portion. English law follows the opposite logic: there, the will is king. By virtue of testamentary freedom, a person may bequeath their assets to whomever they wish, without any reserved portion for the children, because the notion of forced heirship does not exist in England and Wales. The only possible protection lies in the "family provision" provided for by the Inheritance (Provision for Family and Dependants) Act 1975: certain close relatives (spouse, children or dependants) may ask the court for a share of the estate if they have not been reasonably provided for.
Family law
Without a marriage contract, spouses are automatically subject to the statutory regime of the community of acquests (default statutory regime). A marriage contract allows you to choose a regime better suited to your situation: separation of property (ideal for entrepreneurs), participation in acquests, or universal community (maximum protection of the spouse). The notary explains the implications of each choice and drafts the deed.
The PACS is more flexible and less protective than marriage. In matters of inheritance, the PACS partner does not automatically inherit: a will is required. In tax matters, PACS partners benefit from the same allowances as spouses for gifts and inheritances. The notary can register your PACS and draft an agreement suited to your needs.
Since 2017, divorce by mutual consent without a minor child can be carried out without a judge, by a private deed countersigned by two lawyers and filed with the notary. This filing with the notary gives the deed its enforceable status (executory force). It is a fast procedure (around 3 months), less costly and less adversarial than judicial divorce.
The donation-partage (lifetime gift and division of estate) allows you to transfer and divide your assets among your heirs during your lifetime. Its major advantage: the gifted assets are valued as at the date of the gift and not at death, which avoids conflicts linked to revaluations. It is an ideal tool for calmly organising the transfer of your real estate or professional assets.
Several notarial instruments help strengthen the protection of the surviving spouse: the will, the gift between spouses (donation au dernier vivant), the choice of a suitable matrimonial regime (universal community with a full-attribution clause), or the beneficiary clause of a life insurance policy. The notary analyses your situation to advise you on the most effective combination.
Wealth management
A wealth management adviser (CGP) guides you on your financial investments and insurance. A notary certified in wealth management does far more: he designs a comprehensive strategy integrating your real estate, financial and professional assets, then executes it legally through authentic deeds (gifts, divisions of ownership, SCI articles of association). It is a 360° approach that few professionals can offer.
Division of ownership consists in separating the ownership of an asset into two distinct rights: the usufruct (the right to use the asset and receive its income) and the bare ownership (the right to dispose of the asset in due course). By giving the bare ownership to one's children while retaining the usufruct, one transfers wealth during one's lifetime with reduced taxation, since the value of the bare ownership is lower than that of full ownership.
The SCI (Société Civile Immobilière, a non-trading property company) is a powerful tool for organising the holding and transfer of a real estate portfolio. It makes it easier to gradually give shares to your children (with allowances renewable every 15 years), avoids the deadlocks of joint ownership (indivision), allows the taxation of rental income to be optimised and simplifies the collective management of family assets.
Several tools help reduce gift and inheritance tax: statutory allowances (€100,000 per child every 15 years), division of ownership, gifts of bare ownership, life insurance (which benefits from a very favourable tax regime outside the estate), the donation-partage (lifetime gift and division of estate) and, for business owners, the Pacte Dutreil, which allows a 75% exemption on the value of the shares transferred. The notary builds your strategy according to your situation and your objectives.
The earlier the better, and ideally before the age of 70 to take full advantage of life insurance benefits. Wealth transfer is a gradual process: starting at 50-60 makes it possible to use the gift allowances several times (renewable every 15 years) and to significantly reduce the tax bill for your heirs. Maître Capdevila helps you build a transfer timeline suited to your situation.
Business law
The notary and the lawyer are complementary. The lawyer is more involved in strategic counsel and litigation, whereas the notary gives deeds an authenticity and an enforceable status (executory force) that private deeds do not have. For the transfer of business assets (fonds de commerce), the sale of company shares or the drafting of a commercial lease, the notarial deed offers superior legal security and immediate enforceability against third parties.
The involvement of a notary is mandatory for deeds relating to real estate (contribution of a property to a company, transfer of shares in a predominantly real-estate SCI) and recommended for complex transactions such as the transfer of business assets, LBOs or mergers. In all cases, the notarial deed is preferable for its legal security.
The notary fees for the transfer of business assets (fonds de commerce) include the registration duties (3 % on the bracket from €23,000 to €200,000 and 5 % beyond), the notary's fees (regulated by scale) and disbursements. The notary provides you with a precise estimate as soon as the engagement begins. These fees are generally shared between the seller (transferor) and the buyer (transferee) according to the parties' agreement.
A notarial commercial lease benefits from enforceable status (executory force), which means that in the event of non-payment, the landlord can instruct a bailiff without going through the court. It also offers better protection in the event of a resale of the premises, as it is published and enforceable against third parties. The notary checks that the lease complies with the commercial lease statute and includes the clauses suited to your situation.
A shareholders' agreement (called a partners' agreement in SARLs and SCIs) is a confidential contract signed between all or some of the partners, in addition to the articles of association, to organise their relations and anticipate sensitive situations. It may provide for pre-emption clauses (priority to buy back the shares), approval clauses, non-transferability, non-competition, tag-along or liquidity clauses. Unlike the articles of association, it is neither published nor filed with the registry and is enforceable only against its signatories. Drafted by a notary, it benefits from maximum legal security and can be made authentic to give it enforceable status (executory force).
The asset and liability warranty (GAP) is a clause inserted into a deed transferring company shares. Through this clause, the seller undertakes to indemnify the buyer in the event of an increase in liabilities or a decrease in assets whose origin predates the sale but which comes to light afterwards (tax reassessment, Urssaf debt, dispute with an employee, unpaid invoice, etc.). It is limited in time (often three years, to cover the period for tax and social-security claims) and capped in amount. It is frequently accompanied by a "warranty of the warranty" (bank guarantee or escrow of part of the price) and is annexed to the memorandum of agreement and then to the deed of sale. Not to be confused with the shareholders' agreement: the GAP protects the buyer during a transfer, while the agreement organises the relations between partners.
Signature certification
A signature certified by a notary is presumed authentic and difficult to challenge. It protects your interests where a third party, an authority or a court might cast doubt on the origin of the document.
Most private deeds (sous seing privé): mandates, authorisations, attestations, commercial agreements, and forms intended for use abroad. The notary will not certify a document whose content is unlawful or contrary to public policy.
Yes. Certification requires that you sign in the presence of the notary, who records the act of signing. A signature affixed in advance cannot be certified in the same way.
For use outside France, signature certification is frequently accompanied by an apostille or a legalisation. We direct you to the formality suited to the country of destination.
Certified true copy
French authorities have largely abolished certified copies for their internal procedures. Notarial certification retains its full usefulness for demanding purposes, particularly abroad or with private organisations.
Yes. The notary can draw up a certified true copy of a digital original, attesting that the reproduction faithfully matches the source file presented to them.
As many as needed. Each copy is certified individually. Let us know the number of copies required at your appointment.
Depending on the recipient country, an apostille or a legalisation may be necessary for the certified copy to take effect outside France. We tell you the appropriate procedure.
Notarial power of attorney
The authentic form is required to mandate someone to sign a deed that is itself authentic, such as a real-estate sale. For many other acts, it remains strongly advisable for its security.
Yes. The notarial power of attorney is frequently used for people residing outside France. Depending on your situation, the deed can be received remotely or before a competent authority, then forwarded to take effect in France.
Absolutely. The power of attorney can be general or strictly limited to a specific transaction. The notary drafts the powers as closely as possible to your wishes to prevent any overreach.
You can revoke the power of attorney at any time. The notary tells you the formalities to complete so that the revocation is enforceable against your attorney and third parties.
Certificate of authority of the director
It proves to a third party that your company exists lawfully and that the person signing does indeed have the power to bind it. It is a guarantee often required in cross-border transactions.
The notary reviews in particular the up-to-date articles of association, the extract of registration and the decisions appointing the director. We tell you precisely which documents to gather before the appointment.
Yes, that is even its main use. Depending on the recipient country, it will be supplemented by an apostille or a legalisation, which we can coordinate for you.
The certificate adapts to most structures, from commercial companies to civil companies. The notary tailors its content to the legal form and the transaction concerned.
Apostille of documents
The apostille applies to countries that are signatories to the Hague Convention: a single formality is enough. Legalisation applies to other countries and requires several steps. We identify the procedure suited to your destination.
Mainly public deeds: notarial deeds, certified copies, civil-status extracts, and judicial or administrative documents. A private document must first receive notarial certification before it can be apostilled.
The timeframe depends on the competent authority and the volume of documents. We prepare your file so as to avoid rejections and to shorten processing as much as possible.
Depending on the country, a translation by a sworn translator may be required, sometimes apostilled itself. We let you know whether this step applies to your situation.
Legalisation of documents
When the recipient country has not signed the Hague Convention. In that case, the apostille is not recognised and the document must follow the legalisation channel. We check the rule applicable to your country.
Generally yes, because it involves several successive validations. Careful preparation of the file beforehand helps avoid rejections and limit delays.
The notary draws up or certifies the deed to be legalised and compiles a file that complies with the requirements of the authorities. They then guide you through the procedures with the administrations concerned.
Often, the recipient country requires a sworn translation, sometimes legalised as well. We specify the translation needs according to your file.
Fees and rates
By convention, notary fees are paid by the buyer in a property sale. It is the buyer who chooses their notary (or shares the regulated fees (émoluments) with the seller's notary if there are two) and who pays all the fees. They are paid to the notary before signing the authentic deed.
Regulated fees (émoluments) are not negotiable: they are set by decree. However, since 2021, notaries may grant a discount on their regulated fees of up to 20 % for deeds whose base exceeds 150 000 €. This discount is optional and must be applied to all clients on the same terms.
For an estate of 100 000 €, the notary's regulated fees (émoluments) for settling the estate are around 2 085 €. To which are added the disbursements (ancillary costs: deed of known facts, publication, copies) of around 300 à 500 €. The inheritance taxes paid over to the State depend on the family relationship: nil between spouses, up to 60 % between unrelated persons. A child inheriting from their parent benefits from a tax allowance of 100 000 €, and therefore pays no duties on that band.
Drawing up an authentic will before the notary is charged at 170 € incl. VAT. It is a modest investment given the legal security it provides: the authentic will is drafted by the notary, kept in the central register of wills and cannot be lost or challenged for a formal defect, unlike the holographic will, for which simply lodging it with the notary costs 90 € incl. VAT.
Yes. A notary's regulated fees (émoluments) are set by decree and identical everywhere in France. Only local taxes (transfer taxes) may vary slightly from one department to another, and the Alpes-Maritimes applies the most common rate of 5,80 %. Choosing a notary in Beaulieu-sur-Mer rather than in Nice or Paris therefore does not change the amount of your fees.
The most reliable way is to contact our firm directly. Maître Capdevila will provide you with a detailed and free estimate at the first meeting. Online simulators (such as the one on notaires.fr) also give an indicative estimate for property deeds. For inheritances and gifts, the calculation depends on many factors (net assets, family relationship, tax allowances already used) that require a personalised analysis.
Notary in Nice and the French Riviera
Yes, absolutely. In France, you are free to choose your notary regardless of where the property is located. The notary does not have to be based in the same town as the property. Maître Capdevila, based in Beaulieu-sur-Mer, regularly handles matters involving properties located in Nice, Monaco, Villefranche-sur-Mer and throughout the Alpes-Maritimes department.
You can make an appointment with our firm by phone, by email or through the contact form on our website. An initial meeting, in person at the Beaulieu-sur-Mer office or by video conference for distant clients, allows us to assess your case and offer you tailored support. We reply within 24 working hours.
The best notary for your property purchase is the one who combines legal expertise, knowledge of the local market and availability. Maître Capdevila regularly handles property acquisitions in Nice and across the entire French Riviera, including prestige properties and matters with an international dimension. Feel free to contact us to assess whether our firm meets your needs.
Notary fees in Nice are the same everywhere in France: they are regulated by decree and do not vary according to the location of the notary or the property. For an existing property, expect around 7 to 8% of the sale price. For a new property (off-plan), the fees are reduced to 2 to 3%. These fees include the duties and taxes paid to the State, disbursements and the notary's emoluments.
For properties located in the Principality of Monaco, Monegasque law applies and a Monegasque notary must draw up the deed. However, for Monegasque residents who have assets or interests in France (estates, gifts, companies), a French notary such as Maître Capdevila is fully competent. We regularly advise clients residing in Monaco for their matters governed by French law.
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