How to obtain a certificate of inheritance, if you do not have a will

certificate of inheritance - a document which is essential to inherit the estate of a deceased person.

Legacy is considered to be movable and immovable property, which belonged to the testator, as well as property rights and obligations of the deceased.With regard to the duties, are often inherited and debts.Payments on debt heirs divided equally.

Get the inheritance can be by will and by law.The certificate of inheritance according to the law can be issued when the will is absent or contested in court by one of the heirs.The most common reasons for contesting a will - the incapacity of the testator and the writing of a will under duress.

trying to arrange a legacy for themselves, many citizens are trying to prove the inadequacy of (disability) of an old man.At first glance, it is quite difficult.After all, in the preparation of wills is usually a notary public, who can not document their seal stamp at the slightest suspicion that the person before his death under the influence of drugs that could alter his mental state or neutralize free.Knowing this, a certificate of inheritance, many are trying to get through the courts.The court may admit the testator inadequate if the receive from health care providers relevant information and documents.Sometimes it is enough diagnosis, indications of the attending physician and the availability of appropriate prescriptions elderly person.Some heirs to supplement their statements of claim the testimony of neighbors who show inappropriate behavior shortly before the death of the testator.

Prove that an elderly man forced his will, can, if the documented facts of psychological and physical effects.Sometimes quite a few police reports.Typically, in such documents appear testimony of neighbors that law enforcement agencies were called on the facts of scandals in which appeared the testator and heir specified in the will.

Some citizens, knowing that a will drawn up, and their names in this document does not appear, try to register under any pretext, and settled in an apartment of their minor children of the testator.Then the certificate of inheritance can not be obtained by will and by law.Defending the rights of minors, the court will oblige them to provide at least half of the compulsory share of property.

court may recognize the citizens mentioned in the will, unworthy of the inheritance, if it is proven that they deliberately shied away from the content of the testator, and not provided him with adequate care during his lifetime.

If you are not listed in the will, but it is the closest relative of the deceased (the successor of the first stage), to issue a certificate of inheritance, should go to the notary public the place of residence of the deceased.In the presence of the death certificate notary consider your receipt of an inheritance according to the law, then take a statement.From this moment for six months will have to pay a state fee and collect all the necessary information and documents for filing a claim in court.To learn how to leave this statement, you tell the notary or lawyer.