Acceptance of inheritance

The discovery of the inheritance creates the possibility for the heirs to receive the inherited property left to them by the testator. The heirs, in whose favor the inheritance was discovered, do not intervene immediately with the discovery of the inheritance in the property rights of the testator. With the discovery of the inheritance, the heirs are called only to the inheritance. They have the right to inherit.

1. Inheritance action

1.1. General case of acceptance of inheritance

According to Art. 48 of the Law, the inheritance is acquired upon its acceptance, and the acceptance itself takes effect from the discovery of the inheritance. Acceptance made on condition, for a term or part of the inheritance, is invalid. Acceptance is a unilateral act by which the person who can inherit shows an intention to acquire the inheritance. It can be explicit - by the order of art. 49, para. 1 of the Law, or tacitly - art. 49, para. 2 ЗН. The right to accept the inheritance is extinguished upon expiration of the five-year statute of limitations from its opening - Art. 50 ЗН. And since the term is statute-barred, only the expiration of the five-year period from the opening of the inheritance does not extinguish the right of the heir to accept the inheritance discovered in his favor. In order to repay it, it is also necessary to refer to the expired statute of limitations by the heir in whose favor it is running. Failure to refer to the expired statute of limitations by the co-heir or the heir of the next order shall enable the person who has not accepted the inheritance within the term under Art. 50 and 91 of the Law to accept the same after the expiration of this term.

 Until the acceptance of the inheritance, the person entitled to inherit may manage the inherited property and exercise possessory claims for their preservation.

When the person entitled to inherit is of unknown residence or although his residence is known but he has not taken over the management of the inherited property, the district judge, ex officio or at the request of the interested parties, appoints a manager of the inheritance. The manager must make an inventory of the inherited property. He files and responds to claims for inheritance assets and liabilities. In order to fulfill the inheritance obligations, the wills and to sell the inheritance properties, he must ask permission from the district judge.

Acceptance can be done with a written application to the district judge in the area where the inheritance was discovered; in this case the acceptance is entered in a special book. Acceptance also occurs when the heir performs an act that undoubtedly implies his intention to accept the inheritance, or when he conceals inherited property. In the latter case, the heir loses the right to inherit a share of the hidden property.

At the request of any interested district judge, after summoning the person entitled to inherit, shall set a time limit for him to state whether he accepts the inheritance or waives it. When a lawsuit is filed against the heir, this term is determined by the court hearing the case. If the heir does not respond within the time allowed, he loses the right to accept the inheritance. The statement of the heir is entered in a special book.

In order to consider that there is a tacit acceptance of the inheritance according to Art. 49, para. 2 of the Law, such actions of the persons who have the right to inherit are necessary, through which their intention to accept the inheritance is undoubtedly expressed. These are various actions, such as: execution of acts of disposal, sale, donation, assignment of inheritance rights, etc. The court is obliged, in each case, to assess the extent to which the actions are an expression of undoubted will to accept the inheritance (Decision № 54 from 3.V.1961 under the Civil Code № 36/61, OSGK).

When a will is discovered after the acceptance of the inheritance, which was not known, the heir is not obliged to satisfy the wills on it outside the value of the inheritance or if they damage its reserved part. In these cases, the heir may request the reduction of the wills under other wills.

In the event that the heir dies before accepting the inheritance, each of his heirs may accept that inheritance only if he also accepts the inheritance of his heir; he may renounce the same inheritance even though he has accepted the inheritance of the latter.

By accepting an inheritance, in addition to rights, the heirs who have accepted the inheritance acquire the obligations with which it is encumbered, according to the shares they receive. The heir who has accepted the inheritance by inventory is liable only up to the amount of the inheritance received.