right to inherit property both movable and immovable, occurs in the case of death of a citizen.In accordance with current legislation the right to start and lead a hereditary business have only authorized persons, which is what public notaries.
Currently the legislation distinguishes two types of inheritance: under the law and under the will.When a person dies, his heirs have the legal right to appeal to a notary's office, located at the last place of residence of the deceased.
hereditary business
right to inherit property by will have priority place in front of inheritance under the law, as a testament bears the last will of the deceased, so when you contact a notary first of all checked the presence / absence of the will of the deceased.If it is there in the hands of the heir, it must bring.
heir under the will may be any person (both physical and legal), and their sequence in this case is irrelevant.The only limitation of the will of the deceased is obligatory share.Thus, in accordance with the Civil Code, the right to receive an obligatory share are as follows: a disabled wife and the parents of the deceased, reached retirement age and / or disability have the first or the second group, and the minor children of the deceased.The size of the mandatory share can not be less than 1/2 of the inheritance that would have such an heir could get into the case of inheritance by law.
So, if the will of the deceased is made for two children, and the wife has reached retirement age, she is entitled to a compulsory share of the inheritance in the amount of 1/6 of the (inheritance, for example).Mandatory share a dispositive norm, and its right to receive its successor can not refuse.
In the absence of a will comes the right to inherit under the law.In this circle of heirs determined according to priority.
recognized as heirs of the first spouse, children and parents of the deceased, in their absence inheritance passes to the heirs of the next stage - brothers and sisters, and grandparents.Total law distinguishes three stages of heirs and other relatives defines the group "heirs subsequent turn."
also practice there are cases when only are heirs by right of representation.The right of succession in this case is the result of the death of the heirs in the first three queues before the death of the testator or the main day of his death.The share attributable to such deceased person passes to his heirs and distributed among them in half.
example: the deceased had three sons and husband.The first son died a few years before his father died, leaving behind two children.Share in the inheritance of his father as follows: 1/4 of the estate will receive a spouse, the children will receive 1/4 and 1/4 will be divided equally between the grandchildren of the deceased 1/8 share each.
The general term for the opening of the succession and inheritance places business - six months from the date of death of the testator.During this period, all the heirs or someone becomes one notary for the opening of the inheritance case.After gathering all the necessary documents to the property, confirming all the relationships, six months after the heir (or more) issued a document - a certificate of inheritance.
In most cases, the object of the inheritance of the deceased is a real estate: house, villa, apartment, garage.With two thousand and six amendments to the legislation to abolish the inheritance tax and the rest of the apartment above facilities.
