42. ORDER OF ACQUISITION OF INHERITANCE. DISCOVERY AND PROTECTION OF HERITAGE

Acquisition of an inheritance includes:

▪ filing by heirs of an application for acceptance of inheritance;

▪ submission by heirs of an application for the issuance of a certificate of right to inheritance;

▪ receipt by the heir of a certificate of right to inheritance.

But the acquisition of an inheritance is preceded by two more legal facts: the opening of an inheritance and the adoption of measures to protect it.

The opening of the inheritance occurs at the time of the death of the testator, or from the moment the court declares the testator dead, or on the day of the alleged death of the testator from an accident. The date of death of the testator is confirmed by a medical certificate or a court decision. Citizens who die on the same day do not inherit each other.

The following circumstances are associated with the opening of the inheritance:

▪ circle of heirs called to inheritance;

▪ composition of inherited property;

▪ deadlines for filing claims by creditors;

▪ the moment of emergence of the heirs' right to the inherited property;

▪ deadline for issuing a certificate of inheritance;

▪ legislation to be applied in inheritance.

Place of opening of inheritance the last permanent place of residence of the testator is recognized, and if it is unknown, then the location of his property. It is proved by certificates of housing and communal authorities, local administrations, police departments, a certificate from the place of work of the testator, as well as an extract from the house book. In the case when the place of residence of the testator is unknown, it is established in court.

The place of opening of the inheritance determines the place of filing an application for acceptance of the inheritance or refusal of it, the place of organization of the protection of hereditary property, the place of issuance of a certificate of the right to inheritance, etc.

Protection of the opened inheritance is necessary for its preservation, because half a year passes between the moment of its opening and the entry into the inheritance of the heirs.

Measures to protect the opened inheritance are taken by notaries or official executive bodies authorized to perform notarial acts (in areas where there is no notary). Protection is carried out at the place of opening of the inheritance. The basis for the performance of protective actions is the application of citizens or the initiative of these officials. The essence of protection is as follows: the notary describes the inherited property (the inventory is transferred for storage to the heirs) and transfers the inherited property into trust management to a person appointed by him on the basis of an agreement, or to an executor appointed by the testator in a will under a storage agreement. The custodian, the trustee are warned about the responsibility for the improper performance of these agreements. Persons carrying out protection shall have the right to receive remuneration for their work from heirs. These persons are also entitled to reimbursement of expenses incurred with the protection of hereditary property, minus the benefits received by them.

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