Certificate of inheritance - a document without which it is impossible to inherit the property of a deceased person.
The inheritance is considered to be movable and immovable property, which belonged to the testator, as well as property obligations and rights of the deceased. As for duties, debts are often inherited. Payments on debt obligations are divided equally by the heirs.
An inheritance can be obtained by will and by law. According to law, a certificate of the right to inheritance can be issued when a will is absent or one of the heirs challenges it in court. The most common reasons for contesting a will are the testator’s incapacity and writing a will under duress.
Trying to draw up an inheritance for themselves, many citizens try to prove the inadequacy (incapacity) of an elderly person. At first glance, this is quite complicated. Indeed, when a will is drawn up, a notary is usually present, who may not seal the document with the slightest suspicion that the person before death was under the influence of drugs that could change his mental state or neutralize his will. Knowing this, many are trying to obtain
a certificate of inheritance
through the courts. The court may declare the testator inadequate if it receives appropriate certificates and documents from medical institutions. Sometimes a diagnosis, the testimony of the attending physician and the availability of appropriate prescriptions for the elderly person are sufficient. Some heirs supplement their
lawsuits with testimonies of neighbors, which testify to the inadequate acts of the testator shortly before his death.
It is possible to prove that an elderly person wrote a testament under duress, if the facts of psychological and physical effects are documented. Sometimes a few police reports are enough. Typically, such documents feature the testimonies of neighbors that law enforcement officers were called on the facts of scandals in which the testator and heir indicated in the will appeared.
Some citizens, knowing that the will has been drawn up, and their names and surnames do not appear in this document, are trying to register and settle the testator of their minor children under any pretext. Then the certificate of the right to inheritance can be obtained not by will, but by law. Protecting the rights of minors, the court will oblige them to provide at least half of the mandatory share of housing.
The court may declare the citizens indicated in the will unworthy of the inheritance if it is proved that they deliberately avoided the maintenance of the testator and did not provide him with proper care during his life.
If you are not indicated in the will, but are the next of kin of the deceased (the heir to the first stage), in order to draw up a certificate of inheritance, you must contact the notary public at the place of residence of the deceased. If you have a death certificate, the notary will consider the possibility of receiving the inheritance by law, then he will accept the application. From this moment and for six months it will be necessary to pay the state fee and collect all the necessary certificates and documents for filing a lawsuit. A notary or lawyer will tell you how to leave such a statement.