By Baptiste Murier, antique and second-hand dealer in Île-de-France.
In France, there is no single legal deadline for clearing a house after a death. In practice, you can start as soon as the heirs agree among themselves, the important papers are safe and the notaire (notary) has been consulted, especially if an inventory is planned. Nothing obliges you to empty everything the week after. A house cleared too quickly often means valuable items thrown away, family tensions and paperwork to redo.
Is there a legal deadline for clearing a house after a death in France?
If the house belonged to the deceased, no French law sets a deadline for clearing it. It is part of the estate. As a rule, it is therefore for the heirs to decide together, not for one of them alone. If the surviving spouse lives in the house, they may have rights over the home: the notaire will advise you.
Two situations can set the pace:
- a sale already planned: if a buyer is waiting for the keys, the notaire will tell you the date by which the home must be empty;
- a rented home, which we cover further down.
The notaire will also tell you the time limits for the estate paperwork. They do not apply to the clearance itself, but it is worth knowing them before you set a timetable.
Can you clear the house before seeing the notaire?
Nothing formally forbids it, but it is not advisable. Before removing anything, it is better to:
- inform the notaire and ask whether an inventory would be useful;
- get the agreement of all the heirs, in writing if possible;
- check whether there is a will, which may leave specific items to specific people;
- find the important papers and put them somewhere safe.
Without these precautions, you could be blamed for a missing item, even in good faith. A few photos of the rooms before sorting, shared with all the heirs, avoid many misunderstandings.
What are the risks of clearing too quickly?
A disagreement between heirs
In a family home, every object has its story. A piece of furniture given away, a clock sold or an album thrown out without warning can leave lasting scars. It is better to decide together what is kept, shared, sold or given away.
Accepting the estate without meaning to
Under French law, an heir cannot be forced to take a decision on the estate before four months have passed since the death (article 771 of the French Civil Code). But some acts can count as tacit acceptance, for example selling or giving away items from the estate as if you owned them. On the other hand, acts that are purely protective, supervisory or of temporary management do not commit you (article 784). If one of the heirs is unsure about accepting, ask the notaire for advice before touching the belongings.
Valuable items thrown away or let go too quickly
This is the most common risk. A jewel in a button box, coins in a drawer, a clock in the attic, postcards in a suitcase, a painting left in a bedroom... Not everything is worth a lot, but you only know once you have looked. Have things examined before throwing them away or letting them go as a job lot: our home valuation is free and with no obligation.
Do you need an inventory before clearing?
Not always, but it can be very useful: when the heirs do not get along, when there are many valuable items, or when everyone wants a precise record of what the house contains. It can be drawn up by a notaire or a commissaire de justice (court officer).
If an inventory is planned, wait until it is finished before taking the furniture out. We explain when it is compulsory and when it is useful in our article on the estate inventory.
What if the deceased was a tenant?
The timetable then no longer depends on the family alone. Contact the landlord quickly. Depending on the situation, the lease may be transferred to a relative who lived with the deceased, or it may end, and the home must then be handed back.
Rent may continue to run until the home is returned: check with the landlord. In this case, it is better to organise the sorting and clearance without waiting too long, always with the agreement of the heirs.
What should you keep before clearing a home?
Before any clearance, set aside:
- administrative papers: livret de famille (family record book), will, property deeds, insurance contracts, bank statements, tax notices, invoices, energy contracts;
- photos, albums, letters and address books;
- jewellery, watches, medals and coins;
- keys, including those for the cellar, the garage and the letterboxes;
- family heirlooms that each person cares about.
Also search the places where people put things away without thinking: shoe boxes, kitchen drawers, books, behind picture frames. Throw nothing away before a professional has looked at the rest.
In what order should you clear a house after a death?
- Secure the house: lock up, collect the keys, check the home insurance policy and inform the insurer.
- Talk to the notaire: will, possible inventory, the spouse's rights, the date the home must be vacated.
- Bring the heirs together and decide who wants to keep what.
- Do a first sort: papers, keepsakes and family heirlooms first.
- Have the rest valued: furniture, jewellery, clocks and watches, silverware, paintings, books, curiosities.
- Organise the clearance: removal, final sort and cleaning if needed.
Each step is explained in our guide to preparing a house clearance after a death.
Who can clear the house: the family or a professional?
The family can do it if they have the time and the strength, and do not live too far away. But a house often has a cellar, an attic, a garage and outbuildings, with heavy furniture and narrow stairs. It is long work, emotionally too.
Our house clearance service runs in several stages: free visit, valuation, sorting, buying, removal and cleaning if needed. If the value of the items we buy covers the work, the amount is taken off the clearance invoice, which may then cost the family nothing.
Baptiste Murier, antique dealer and second-hand dealer, works in Paris, the Hauts-de-Seine, the Val-de-Marne, the Yvelines, the Essonne and the Seine-et-Marne. The trip is free. For details of how we help, see the page on our antique dealer for estates in the Ile-de-France.
What happens to what is not bought?
What is not bought but can still be used is given to Emmaüs, the Secours catholique, the Armée du Salut (Salvation Army) or nearby ressourceries (reuse centres). The rest goes through the proper channels, such as the waste disposal centre or recycling.
Before the removal, tell us what the family wants to keep. An item that looks ordinary can mean a great deal to one of the heirs.
How are the items we buy paid for?
We buy with immediate payment. Under French rules, payment by bank transfer is compulsory for gold and precious metals. Each heir can then check what was sold and for what amount, which reassures the whole family.
In short
There is no general deadline for clearing a house after a death in France, but there is a right order: the notaire, the agreement of the heirs, sorting papers and keepsakes, valuation, then clearance. Taking a few extra days rarely costs much. Clearing too early can cost a lot more.
To have the contents of the house valued before you decide, call us on 06 24 56 38 58 (+33 6 24 56 38 58 from abroad) or send a few photos on WhatsApp to the same number. The valuation is free and with no obligation.
