Certification of wills
Before making a will, the notary aware the testator with terms and conditions of inheritance according to the legislature, as it is impossible to change the will after the death of the testator. The will does not limit and does not cancel title, independent of the will made the person in any time may alienate the property, mentioned in the will. The new will alters or cancels the previous one in the part, contradicting to it. The legislator prioritizes inheritance according to the will. If there is a will, inheritance shall be conducted according to it, if the will does not cover all the property, than the rest is inherited according to the law.
The wills may be different, depending on the wished and needs of the persons making it. In particular: Will in the presence of witnesses, will of spouses, secret will, conditional will, will with the substitution of heirs, will with divest for inheritance and others.
When certifying a will, the testator shall not confirm his title for the testate property. The exception is the will of spouses, when the notary checks the fact if the property is mutually owned by the spouses.
List of documents, required for execution:
In case of certification of the will of spouses – marriage certificate; entitling certificates, evidencing obtaining mutual property by them.
Will in the presence of witnesses – their passports and certificate (card) of tax identification number;
– separate property will
– documents, evidencing entitlement of the testator for property (optional).
Commencement of inheritance case
The legislature establishes period of 6 months since the date of death of the testator to claim rights of inheritance. The heir personally submits a statement of acceptance of the inheritance or refusal from it as of the last registered place of residence of the deceased person. In case, when there is no possibility to personally appear to the notary (for example, the person is abroad or in a business trip), than the signature in such a statement from the heir may be notarized by other notary and sent by mail or delivered via a mediator by the power of attorney. Exception of this rule – 6 months – is the case, when the heir was registered at the moment of death together with the testator. Than he/she is considered as such that did not miss the legally set deadline and may return to the notary to execute rights of inheritance and after 6 months. If the person missed these 6 months and was not registered together with the deceased person, than court decision to extend the time for acceptance of inheritance , which entered into legal force shall be submitted to the notary. Minor or legally incompetent person, as well as person whose civil competence is limited, are considered as such that accepted the inheritance, unless refusal statement was submitted.
It is impossible to accept a part of testate property and to refuse from a part of it. Thus, when it has come to your knowledge, that the testator had various obligations, one should think either to accept inheritance.
List of documents, required for execution:
- Death certificate.
- The document, evidencing the last place of residence of the testator (Certificate F-3 with data about the persons permanently residing with the testator at the moment of commencement of inheritance).
- The documents, evidencing the family relationship of the testator and the heir (birth certificate, marriage certificate, divorce certificate).
- Entitling certificates for the testate property (agreements, certificates, state act, savings books, bank agreements, certificates, shares etc.); in case when entitling certificates for immovable property have been issued by 2003 (not entered into the Register of ownership rights to immovable property) a certificate from the BTI archive is required (evidence of entitlement), except for land areas.
- Report on the evaluation of the property, conducted by the estimator (except for 1-st degree of kinship – parents, children, husband/wife, 2-nd degree of kinship – brother, sister, grandparents, grandchildren).
- Extract from the technical documentation about the regulatory and monetary value of the land area (for any heirs);
- Extract from the State Land Cadastre about the land area.
- Data about all other known heirs (surname, name, patronym, address of residence).
- If available – will and data about persons, who have the right for an obligatory part.
The notary shall be provided only with originals of documents to conduct notarization!
It is not permitted to conduct notarization when persons - its participants or their authorised representatives are absent.