citizen can dispose of his property during his life as he pleases: the property can sell, donate, bequeath, and more.If the testator does not dispose of his property during his lifetime and has not made a will, then all his property is inherited acquired on a common basis, distributed among his heirs in equal parts.
When the institution of hereditary cases, before you issue the heirs of the deceased certificate of inheritance, the notary must establish a number of facts of importance for the further conduct of the case: date of death of the deceased, the circle of heirs, whether there is inheritance by right of representation, the object of inheritance,actual adoption of the inheritance.
Why do we need to establish the exact date of death of the deceased?The exact date of the death is necessary in order to correctly calculate the period for acceptance of inheritance and its ending.According to the general rules of the period begins to run from the day following the occurrence of certain events, in this case the day after the death of the registered.So, if the testator died on May 16 testimony can be issued after 17 November.
Circle heirs
for proper distribution of assets of the deceased, you must install the full range of successors.The first are called upon to inherit parents, husband / wife, children of the deceased.In the event of their death is considered the inheritance by right of representation.At the stage of consulting a notary ascertain who is the heir of their number, including the dead, and destroyed documents proving kinship.If on the same day to the notary present, not all heirs, specify their place of residence to notify their rights.
On stage determine the circle of heirs is very important to determine whether there will be the inheritance by right of representation.
In accordance with the Civil Code, if the heir died together with the testator, or before him, his share will be divided among his heirs.For instance, the deceased had two children, a daughter and a son.The daughter died two years before the death of his father, and she was left with three children.In this case, the inherited property is distributed as follows: the son will receive half of the inheritance, and the remaining half of the inheritance due her daughter, will be divided between her three children in equal parts, that is, each of the grandchildren will receive 1/6 of the share.
inheritance by right of representation clearly spelled out in the Civil Code, such as the heirs can be grandchildren, nephews, cousins and brothers of the deceased.
actual adoption of the inheritance
If the heir at the time of death was registered with the deceased or taken steps to protect and preserve the ancestral property, he actually accepted the inheritance is recognized.
to confirm cohabitation required to present a certificate from the housing management, and to confirm the protection and management of heritage - the documents confirming this: checks or receipts for payment of utility bills, certificate from the village council about the processing of land or tax receipt.
actual adoption of the inheritance to the heir simplifies filing: for it is not valid for the semi-annual period of acceptance of the inheritance, and if it is not in the country, do not have to go back immediately.Share this successor will be assigned to him, and the inheritance case will remain open as long as it does not apply to a notary.However, such a decision makes it difficult, if the heir does not intend to accept the inheritance: it is absolutely necessary to within the prescribed six-month period to give the inheritance.If you miss this deadline, you have to go to court.
