Inheriting the inheritance involves many questions specified as: “What precisely is part of the inheritance?” or “How do you find the property of the deceased?”. The acquisition of the inheritance carries a number of legal and taxation consequences. This guide will explain how to proceed after acquiring the inheritance, how to find the property of the deceased, and what steps to take to safe his rights as heir.
Procedure for the acquisition of inheritance or Heritage Certificate
Contrary to popular belief, the court in proceedings for the acquisition of inheritance does not find precisely what constitutes the inheritance. It is only the task of the court to find who the heir is and on what basis the heirs are. The exception is cases of inheritance of agricultural holdings before 14 February 2001, erstwhile the court must besides find whether the agricultural holding is part of the inheritance.
In order to begin the formalities, heirs should apply to the court for a declaration of acquisition of the inheritance or go to the notary to draw up an inheritance certificate. In both cases, the heir's right to inherit will be confirmed, which will form the basis for further action.
Is it essential to find what constitutes the inheritance?
Yes, it is necessary. The definition of what is included in the inheritance is crucial due to the fact that it involves taxation liability and liability for inheritance debts. At the time of acquisition of the inheritance, the heirs presume both the assets and possible financial obligations of the deceased. Therefore, determining the composition of the inheritance avoids unpleasant surprises in the future.
inventory – How to find the property of the deceased?
The most effective way to establish the deceased's assets is to draw up an inventory. This inventory includes all assets specified as real estate, cash in bank accounts, cars and debts of the deceased.
Who makes inventory records? The inventory shall be drawn up by the bailiff liable for the last residence of the deceased. Importantly, it can be carried out even before formal confirmation of the acquisition of the inheritance.
What tools does the bailiff use? The bailiff uses various tools to find the property of the deceased, including:
- OGNIVO system: Allows you to check the bank accounts of the deceased.
- Central Vehicle and Driver Records (CEPiK): It shall supply information on the vehicles belonging to the successionor.
- Eternal Book: They let recognition of the estates owned by the heir.
Self - Search for the Dead
The heirs may besides search the property of the deceased themselves. In order to do so, they must have the order of the court to declare the acquisition of the inheritance or of the succession certificate. With these documents, information can be obtained from different institutions:
- County Old Town: It provides information on the property of the deceased.
- Municipal Office: It verifies whether the deceased paid the property tax, which could aid find what property he owned.
- District Court or Central Information of Perpetual Books: It allows you to get information about the perpetual books of property belonging to the deceased.
- Central Account Information: It allows us to find whether the deceased had bank accounts.
The independent search for the property may take time, but it is possible and avoids the cost of hiring a bailiff.
Tax implications
It should be remembered that the acquisition of the inheritance involves taxation liability. The heirs should declare the acquisition of the inheritance to the taxation office within 6 months of the date of the decision to get the inheritance or to draw up an inheritance certificate. Depending on the degree of relation between the deceased and the recipient, different taxation rates may apply.
Summary
Determining the property of the deceased is simply a key step in the succession process. Whether you choose to usage the bailiff's aid or take action on your own, it is crucial to find the exact composition of the inheritance. This will avoid liability issues and taxation obligations.
Remember that the inventory or the heir’s own actions will aid in the precise determination of the assets, which is essential to make full usage of the inherited property. It is besides worth consulting your lawyer to make certain that all the formalities have been completed correctly.
Key points:
- The procedure to establish the acquisition of the inheritance or the succession certificate shall not include the determination of the composition of the inheritance.
- It is essential to establish the property of the deceased for taxation purposes and in the context of liability for debts.
- The Chamber may draw up an inventory utilizing various systems specified as OGNIVO or CEPiK.
- The heir has the right to find the property of the deceased on his own, obtaining information from institutions specified as region old age, territory court or banks.
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