Inheritance Law and Inheritance Proceedings
Opening the inheritance
Inheritance opens at the death of the decedent or upon a declaration of death. The place of opening is the last residence of the decedent; if unknown, the location of the property. The notary at that place conducts the inheritance file. Know the statutory periods for acceptance and the rules on accepting by conduct or by application.
Determining heirs
Heirs are determined by law (first and subsequent degrees) or by will. The candidate must understand compulsory shares, representation, survivorship, and the exclusion of unworthy heirs. Traps include confusing the place of opening with the location of property and overlooking the compulsory share of disabled dependants.
Protective measures
Before heirs appear, the notary takes measures to protect the estate: inventory, custody of property, deposit of money and securities, and appointment of a custodian. These measures are preventive, not a distribution.
Certificate and division
A certificate of inheritance issues after verifying acceptance, absence of dispute, and payment of duties. If several heirs, division follows agreement or court decision; the notary certifies the division agreement. Disputes between heirs suspend certificate issuance.
Worked example
A decedent lived in Minsk but owned a dacha in Brest. The inheritance file opens in Minsk; the notary there requests documents and may take protective measures regarding the dacha through the local office. Confusing the two locations is the most common error.