Division of inheritance and assignment of inheritance before division

The inheritance consists of all inheritance-like rights that belonged to the testator at the time of death. At the time of the testator’s death, the inheritance passes to the testator’s heirs by force of law. If the inheritances are accepted, the heirs have the right to demand the division of the inheritance at any time, except during storms (Law on Inheritance, Article 228). Division of inheritance lawyer.


Before the heirs decide on the division of the inheritance, each of them may, by contract, transfer his inherited part, in whole or in part, to another heir, when he chooses. Therefore, it is necessary for the heir to accept the inheritance first, and then in the same way declare that he transfers his inherited part to another heir when he chooses and who has the ability to inherit. The heir to whom the inherited part is transferred must also accept the inheritance, but also accept the acceptance of the inherited part which is ceded to him by another heir. The contract on the transfer of the inherited part must be concluded with a notary public (notary public) in the form of a notary public certificate, ie. solemnized documents.


The heirs, until the division of the inheritance occurs, jointly manage and dispose of the property they inherited. When there is no executor of the will, and the heirs do not agree on the management of the inheritance, the court will, at the request of one of them, appoint a manager who will manage the inheritance for all of them, or will determine each heir part of the inheritance.


The court may also appoint one of the heirs as the manager.


Household items of higher value that serve the daily needs of the testator’s spouse and heir who lived with the testator in the same household will be left to him at his request, and their value will be included in the part of that heir.


If the value of these items exceeds the value of the inheritance, the heir to whom the items were left will pay the difference to the other heirs in money, for a period determined by the court according to the circumstances.


If you have any questions or concerns related to this area, our law firm will provide you with the necessary legal assistance.