When a loved one has passed away, and there are questions related to inheritance, there may be a situation when you have to declare your right to inheritance in court. When a person believes that he has the right to inheritance, but it is not in the will, and when inheriting by law, other heirs inherited the property, you can go to court during 6 months after the death of the testator. This day is considered the day of the opening of the inheritance.
What can be done before going to court
When there are other heirs, you can try to negotiate with them: get their written consent to accept the inheritance. Each heir must be contacted in writing with a request for consent to accept the inheritance. When all the other heirs agree, they submit a written statement to the notary who opened the inheritance case that they agree to accept the inheritance by the new heir.
The notary, who has received such consent, cancels the original certificate of inheritance, and issues a new certificate.
Recognition by the heir in court
You can send a statement of claim to the court with a claim for recognition as having accepted the inheritance when:
- all the heirs did not agree to the acceptance of the inheritance by the new heir,
- for various reasons it is impossible to obtain the consent of other heirs to accept the inheritance,
- there are no other heirs.
The statement of claim is sent to the court at the testator’s last place of residence.
When there are other heirs, a statement of claim demanding recognition as having accepted the inheritance is submitted to such heirs. They will be the defendants in such a lawsuit.
When there are no other heirs, or they have not accepted the inheritance, a statement of claim is submitted to the trustee, if he is appointed by a notary, or to the state body at the location of the property that the testator left behind: the executive committee, the district administration.
When the heir has missed 6 months to accept the inheritance for good reasons, the court recognizes the person as the heir. Valid reasons include, for example, cases when the heir did not know and could not know that the inheritance was opened, a serious illness of the heir. Another condition for a positive court decision is to apply to the court within 6 months after the circumstances for which the heir missed the deadline for accepting the inheritance ceased to apply.
What documents need to be prepared for the court
It is necessary to send a statement of claim to the court with the requirement to recognize the heir as having accepted the inheritance. Copies of the statement of claim must be attached to each of the defendants.
Before sending a statement of claim to the court, you need to pay a state fee — 3 basic values. A receipt from the bank for payment of the state fee is attached to the statement of claim.
The statement of claim must also be accompanied by documents that confirm the circumstances referred to by the author of the claim.
What are the consequences of recognizing an heir in court
When the court makes a decision on recognizing a person as an heir, it is not necessary to apply to a notary for a certificate of inheritance. The court’s decision will be a document that confirms the acceptance of the inheritance. In such a decision, the court decides on the rights of other persons to inheritance, on invalidation of previous certificates of inheritance, etc.
How we can be useful for the recognition of the heir
Our lawyers and attorneys are experienced specialists in inheritance law and speak English. We can represent your interests in inheritance cases by a power of attorney. We can:
- Help you find out whether it is possible to resolve the issues of recognizing you as an heir with other heirs without a trial;
- Give you advice on recognizing you as an heir in court;
- Make a statement of claim to the court and prepare a package of documents for the court;
- Represent your interests in court.
Contact us
If you have any questions or disputes regarding the recognition of the heir in court — we will be happy to help you! Our long-term experience in the field of inheritance law will help you in resolving any disputes in this area.
Phone and email communication options are available for your convenience:
- +375293664477 (WhatsApp/Telegram/Viber);
- info@ambylegal.by.
