How to open a probate case

With the death of a person his property in accordance with the law, become the property of the heirs. However, to ensure this fact, there is a certain procedure – the opening of the hereditary cases. In the framework of each heir need to claim their rights no later than the deadline. All hereditary actions are performed by the notary at the place of residence of the testator.

Instruction

1. Since the death of the testator begins the countdown of the statutory six months for acceptance of the inheritance. During this period, collect the documents necessary for the notary. In bodies the registry office, take the certificate of death of the testator, and in the passport office the excerpt from the book on permanent registration of the deceased at the date of death.
2. To confirm the status of the heir, you will need to have a will in your name or, if you inherit under the law, the documents proving your relationship to the testator. In this case typically provided certificates of registration of marriage, birth and, if necessary, other documents. In this case, note that if there is a discrepancy you have in different documents names, you need to have on hand, in addition to the registration certificate of marriage, certificate of name change. Make copies of all collected documents.
3. According to the article 1115 of the civil code, the place of opening the inheritance shall be the place of residence (registration) of the testator at the time of his death. Learn what a notary public serves a portion of the territory. Before the expiration of six months the term of acceptance of inheritance notary to come to the reception with a full package of documents.
4. Write a notary two statements about opening of the inheritance and of the inheritance to you personally. Give him those documents and your passport. At this point the notary is in fact your first application must open a probate case. And after six months from the death of the testator, when all heirs turned up to claim their rights, the notary will issue you a certificate of acceptance of the inheritance. This document will reflect the amount you share in the assets of the deceased, in whatever form it is not expressed.