Standard procedure
International succession opened in Geneva — key steps
Opening and liquidating an estate in Geneva when the deceased or the heirs have cross-border ties — PILA art. 86 ss, EU Regulation 650/2012, certificate of heirship.
Total duration: ~9 months
Procedure steps
- 01
Check jurisdiction (PILA art. 86)
The Swiss authorities of the deceased's last domicile have jurisdiction over the entire estate — save for an opt-in to foreign nationality by will (art. 87 al. 2 PILA). If the deceased was domiciled in Geneva: Cantonal Justice of the Peace is competent.
- 02
Notification of death and conservatory inventory
Death is notified to the Justice of the Peace. If the estate is substantial, poorly known or minors/absent heirs: conservatory inventory by the appointed notary. All bank accounts are frozen until the certificate of heirship is issued.
- 03
Search for the will
Check the existence of a will at the Central Register of Last Wills (Berne) and at the Geneva cantonal register. The holographic will must be deposited at the Justice of the Peace, which orders its opening.
- 04
Issuance of the certificate of heirship
Once the heirs are identified (legal or testamentary) and the repudiation deadlines have elapsed, the Justice of the Peace issues a certificate of heirship. This certificate unfreezes accounts, authorises real-estate registry entries, founds the exercise of succession rights.
- 05
Repudiation deadline (3 months, CC art. 567)
Heirs have 3 months from knowledge of death to repudiate the succession if they do not want to assume the debts. Beyond that, acceptance is tacit. Special case: benefit of inventory (CC art. 580 ss), to be requested within one month of the death.
- 06
Estate division
Division agreement among heirs, signed by all. Absent agreement, an action in division before the Court of First Instance. The division regulates: real estate, accounts, securities, claims, debts, succession tax.
- 07
Articulation with EU Regulation 650/2012
If the deceased resided in Switzerland but had assets in France or a French heir: EU Regulation 650/2012 (in force since 17 August 2015) automatically recognises the Swiss certificate of heirship in France via the exequatur procedure, but does not apply directly to Switzerland. Coordination with a French notary recommended.
- 08
Succession declaration (cantonal tax)
12-month deadline to file the succession declaration at the Service cantonal des successions (Geneva). Progressive rates depending on degree of kinship: spouse and descendants in direct line exempt in Geneva.
Legal basis
Choice of applicable law by the deceased
PILA art. 90 al. 2 allows a foreign national residing in Switzerland to subject their succession to their national law by testamentary disposition. Example: a French national domiciled in Geneva can have their succession governed by French law (strict forced share) rather than Swiss law (broader disposable portion). This option must be expressly stated in the will — the tax and patrimonial stakes are significant.
Frequently asked questions
How long do I have to repudiate a succession in Geneva?
Three months from knowledge of the death (CC art. 567). Beyond that, acceptance is tacit — you inherit the assets AND the liabilities, including the deceased's debts. To limit your liability exposure without full repudiation, request a public inventory within one month of death (CC arts. 580 ss): your liability will be limited to the assets listed.
Can a French national domiciled in Geneva choose French law for their succession?
Yes, by express testamentary disposition (art. 90 al. 2 PILA). The choice is consequential: French law imposes a strict reserved share (1/2 for 1 child, 2/3 for 2 children, 3/4 for 3+), whereas Swiss law offers a broader disposable portion since the reform of 1 January 2023. The tax and patrimonial stakes can amount to hundreds of thousands of francs.
How is the Swiss certificate of heirship recognised in France?
EU Regulation 650/2012 (in force since 17 August 2015) provides for recognition of succession decisions between EU Member States. Switzerland is not party to the Regulation, so recognition of the Swiss certificate in France goes through a classical exequatur procedure. In practice, a complementary French notarial attestation is often required for real-estate transfers.
What happens to the deceased's Swiss bank account after death?
Accounts are frozen as soon as the bank is notified of the death, until the certificate of heirship is delivered by the Justice of the Peace (typically 3 to 4 months). Only urgent expenses (funeral, deceased's standing charges) can be authorised on documentary evidence. Once the certificate is delivered, the heirs may dispose of the account jointly; for joint accounts, the co-holder can generally continue to use it within limits.
This procedure overview is provided for information only and does not replace individual legal advice.
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