Notarial Acts in Inheritance and Family Matters
What this domain tests
Inheritance and family acts are the highest-volume notarial work: opening an inheritance file, protecting the estate, certifying wills and inheritance rights, and handling marriage-property and child-related documents.
Core rules
- Inheritance opens at the place of the deceased’s last residence. The notary accepts the application, checks the death certificate, family documents, and the will, and opens an inheritance file.
- A will must be notarized; a closed will is accepted with special formalities. The notary explains freedom of testamentary disposition and the mandatory share of dependants.
- The notary takes measures to protect the estate where needed: inventory, custody, trust management, and notification of creditors.
- A certificate of inheritance is issued after the statutory period (generally six months) and after verifying heirs by law or will, the property, and any encumbrances.
- In family matters the notary handles marriage contracts, division agreements, alimony agreements, and parental consents. The same file discipline applies.
- Disputed claims, missed deadlines, and forced-heir disputes go to court; the notary does not decide them.
Worked example
A daughter applies for inheritance six months after her father’s death but does not disclose a son from a prior marriage. The notary checks the death certificate, the will, and family records; if the son is an heir, he must be included or notified. Certifying only the daughter would create a defective certificate and expose the notary to liability.
Traps
Opening a file at the wrong place; accepting an unnotarized will; issuing a certificate before the term; ignoring a mandatory heir; failing to inventory estate assets; treating a family dispute as a notarial ruling.