• 29/06/2022
• By wizewebsite
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Domestic advisor: We handle the inheritance at the notary.Step by step<

While you walked from door to door when they were scared and repaid, you could stay at home and wait in the event of the survivors.The first is on the turn of the register.It sends a death certificate to the relevant district court within a month, the court will select a notary and will contact the one who has set out the funeral.This is also due to that you cannot choose a notary yourself as in other notarial services.The court thus wants to ensure impartiality in decision -making.In each district, it is selected according to a slightly different key.

'The court entrusts the notary to discuss the estate either according to the date of death or according to the perimeter of the deceased's residence.The first variant is in larger cities, smaller municipalities usually fall under the individual districts of notaries, ”says notary notary Lenka Vrzalová.

When the notary gets a file in his hand, he orders a preliminary investigation."This summons of the funeral narrator, because he is the only person he knows at the beginning of the proceedings and at the same time he can assume that she had a relationship with the testator and thus information about his personal and property conditions," says notary Radek Šmíd.

The one who organized the funeral has a privileged position in one more thing.If the deceased leaves only minimal assets, it will be the narrative of the funeral."The logic of the law is that the assets are issued for a partial payment of the cost of funeral," says Radek Šmíd.Other heirs may not be in preliminary investigation.

Pass the drawers

The estate proceedings are subject to the Code of Civil Procedure and the Act on Special Judicial Proceedings.The notary acts here as a judicial commissioner, for this reason the heirs are summoned by a judicial subpoena, as well as for any other civil conduct.If they do not apologize and do not come to the hearing, they face similar sanctions - demonstration by the police or a fine as in failure to go to court.In practice, notaries rarely approach such sanctions.

The preliminary investigation at the notary will cost about an hour.The better you are, the faster it will be.Before visiting, go through the household of the deceased and search for the following documents.A will or deed of inheritance, evidence of assets and debts."If the spouses had a common property, also after documents on the assets and debts of the other spouse, especially passbooks and extracts from accounts," says notary Jana Matýsková.

Notaries are also interested in documents about the business companies of the deceased, his / her membership in a housing or other cooperative, documents on the security box in the bank, the cost of funeral or the receipts of loans.He will want accurate addresses and contacts to children, or parents, siblings and their offspring or grandparents.

What the notary will be interested in

The meeting is led by a notary or an employee authorized more or less in the form of a questionnaire, where he fills the lines of the family conditions of the deceased, whether he had husband, children, parents who lived with him in a common household, sometimes asking for siblings and their children, grandparents of the deceased andWhether he left a will, an inheritance contract or a deed of inheritance.Furthermore, the notary is interested in assets - from bank accounts to car to land.

What you do not report as if it were not.Although the notary then searches and verifies what property the deceased actually had, but if you do not report that he had a pass book in Česká spořitelna, it is difficult to get to it.“There is no register of bank accounts yet and it is not possible for a notary to ask every banking institute in the country.For example, if heirs want to inherit an account, for example, they must point out a specific bank, ”explains notary Šmíd.

It is good to take as many documents about property as possible to the first preliminary negotiation with the notary, preventing further meetings.Extracts from all accounts, insurance, building savings, bonds, will - if the deceased kept it at home, various purchase contracts, but also records of debts or execution.There is no need for the owner of the owner, because the notary has direct access to the land register and already knows in advance what the deceased owned.

On the contrary, it cannot be relied on that the notary will always settle for information from the vehicle register.“This is partly due to the errors that came into the system of transport authorities a few years ago, a partially lax approach of some citizens who sell and buy vehicles without annoying by registering with the Transport Office.Thus, the heirs should ideally prove the technical licenses of the testator's vehicles, ”says Šmíd.

When the creditor comes

Immediately after the notaries have taken the documents, the notary begins with the inheritance agenda.It turns to housing cooperatives, state authorities and banks asking for accounts, overpayments, debts and the like."All the authorities and banks concerned have a one -month period for a notary," notary Jana Matýsková points out Třinec.

However, proceedings can stretch considerably if heirs are unknown, minors or live abroad.However, unexpected people - creditors of the deceased can enter the estate proceedings.“It is ideal if heirs know about the debt, who tell the notaries.The second option is that the creditor himself announces the notary that the testator had a debt for what reason and in what amount, ”says Šmíd.

For the final conduct of the heirs either recognize the debt and then pay it voluntarily, or if they have been paid or that it has never existed."In this case, the notary does not include them on the list of estate liability, but it warns them that if it proves in the future, perhaps in the subsequent court dispute with the heirs that the debt really existed, the heirs will be equally responsible for it," says notary Radek Šmíd.

Harvest, take care of

When everything goes smoothly, the survivor proceedings take several months, but all the time the property may not lie fallow.“The administration of the estate, unless the testator himself does other, is performed by all heirs.But they can agree who will perform it and conclude an agreement on the estate management.The selected heir will continue to manage the property, even pay wages and continue the business of the testator, ”says Šmíd.

The same is true with other property.For example, if an apartment belongs to the estate, the heirs can already vacate it during the proceedings by mutual agreement and perhaps rent or start offering to buy.Before the buyer is found, the estate proceedings are usually terminated."There is nothing to prevent the property to insure or secure against theft," the notary urges.

If there are no problems, the heirs will meet only twice and twice.At the beginning and at the end of proceedings on the estate."Once everything is investigated and found, the final meeting is ordered to instruct the heir on inheritance law and compose a list of assets and liabilities of the estate, de facto list of the testator's assets and its debts," says Radek Šmíd.At the final meeting of the notary with all the heirs present, they will learn who, what and under what conditions he will inherit.