You have obtained a decision confirming the acquisition of an inheritance or a notarial certificate of succession, what next?
After obtaining a final court decision confirming the purchase of an inheritance or a notarial certificate of succession, depending on their content, there are further problems that the heir should solve. You may need to make a division of the estate.
There will be no such necessity if there is only one heir.
However, if several heirs have been appointed to inheritance, the matter becomes a little more complicated. All the more so if the heirs, which is not uncommon, are in conflict with each other more or less.
The order confirming the acquisition of the inheritance, as well as the inheritance certificate specifies only who inherits the inheritance and in what part (in what fraction).
In the case of the division of the inheritance, it is necessary to indicate all the components that were included in the inheritance.
Settlement department of inheritance
If the heirs agree on the division of the estate, you do not need to go to court. The department can be made by concluding a written contract. If the estate includes real estate, it will be necessary for its department to conclude a contract in the form of a notarial deed.
Court Inheritance Department
The fractional part of the inheritance that is indicated for the benefit of a given heir in the order confirming the acquisition of the inheritance (act of confirmation of succession) defines the part which the specific heir inherited in all the estate of the inheritance, and not in specific objects included in the inheritance. This means that even assets that seem easy to divide are not broken down by simply calculating what fraction of the right a particular person is entitled to.
Example
If there are three heirs, inheriting 1/3 each, and the estate includes real estate and cash in the amount of PLN 600,000, one heir may not, without the consent of the other heirs, take PLN 200,000 considering that it is part of the estate .
In order to formally determine which of the items belonging to the estate of the estate will fall to a particular heir, a division of the estate should be carried out. To this end, an application for a division of the estate should be submitted to the court. It is only after the division of the estate has certain objects become the sole property of the individual heirs. Until the division of the estate, the estate of the estate constitutes one whole, and only after conducting the division, the heirs acquire the right to the assets allocated to them.
The law does not impose an obligation on heirs to make a division of inheritance, nor does it oblige to do so within a certain time limit. The inheritance department can be carried out even several years after the testator’s death.
Failure to make an inheritance division will result in the property belonging to the inheritance being treated as inheritance property, and thus the management of that property, including, for example, the sale of its components, will be very difficult.
In the course of the inheritance division case, the court is required to determine all inheritance assets. The court will oblige the parties to indicate assets that are known to them that have been included in the estate. In case of doubt as to the composition of the estate, referring a case to court may be the only way to obtain information about the items that make up it. At the request of the Court, banks and other financial institutions will be required to indicate all financial instruments of the deceased. In addition, other participants in the proceedings for the division of the estate will certainly feel great discomfort when they intended to hide from us some inheritance property to keep it only for themselves.
Settlement after the court case
Submitting an application for a division of the estate to the court does not make it impossible to reach a settlement regarding the division of the estate. In the course of the case, up to the issuing of the final judgment, the parties may decide on an amicable settlement department.
The court then prepares a settlement report, which is signed by the parties and discontinues the court proceedings. The court enters in the minutes the content of the settlement agreement on inheritance, which the parties have concluded.
