1 - How are intestate successions regulated by law?
According to the Law on Inheritance, if the deceased person has not made a will, the heirs of the first degree (namely, their spouse and children) inherit equal shares of his assets. If there is no heir of the first degree, the property is inherited by the deceased’s heirs of the second degree, and so on.
2 - Are there particular regulations for specific objects?
Household chattels that are used for fulfilling the daily needs of the surviving spouse, or other heirs who live in the same house, such as furniture, equipment, etc., shall pass to the surviving spouse and descendants of the deceased, unless these items are of substantial value. Household chattels devolving in this manner shall not be counted towards the reserved portion, nor shall they be counted towards an heir’s share of the inheritance estate.
Such persons shall obtain joint ownership in equal shares of the household chattels so devolved.
3 - How can I find out if succession procedures have already been initiated?
Such information can be obtained through the Administration of the Notarial Chamber, which will, upon receiving a request from a client, contact the relevant notary’s office for such information.
4 - How can the heirs of the deceased be identified?
Heirs must prove their right to inherit. Identification in the first instance is made by way of the Death Certificate issued by the competent municipal body, in which the names of the deceased’s heirs are listed; this document is the basis for the opening of the succession procedures.
5 - How can I prove that I am the heir?
You can prove you are an heir by submitting a relevant document (e.g. birth certificate, marriage certificate, or family certificate, in which all the family members of the deceased are listed).
6 - Are there priority heirs? Is there a reserved portion for certain people?
Part One of the Law on Inheritance, concerning heirs, provides that the spouse and children inherit in equal shares. If one of the children has died before the deceased, that child is substituted by his/her own children; if, for reasons provided by law, the descendants cannot be heirs, the descendants enter their inheritance without limitation. The Law on Inheritance recognises compulsory heirs such as the deceased’s descendants, his adoptive children and their descendants, and his spouse; such heirs are entitled to a portion of the estate, which the deceased cannot dispose of. This is known as the reserved portion.
7 - Do I inherit the debts? What happens when there are minor children among the heirs?
The heirs are liable for the debts encumbering the inheritance, in proportion to and up to the amount of their share of the estate. Debts encumbering the inheritance are those secured on the property which is inherited, the personal debts of the deceased, the cost of the funeral, and expenses incurred in connection with safeguarding and administering the estate until it is distributed.
8 - Can the surviving spouse inherit?
Yes, the surviving spouse inherits as an heir of the first degree, in equal shares with the children of the deceased.
9 - How are the inventory and valuation of the deceased’s assets carried out?
The value of the estate, which is used as the basis for calculating the reserved portion, is calculated as follows: first, all the assets the deceased had at the moment of his death are inventoried and valued, including all testamentary dispositions in his favour, and all debts that are owed to him, including those owed by one of his heirs, but excluding those debts which are obviously not recoverable. The deceased’s liabilities, the cost of drawing up the inventory and valuation of the estate, and the funeral expenses are then subtracted from the value of the estate as so calculated.
10 - What are my obligations if I accept an inheritance?
In accordance with the Law on Inheritance, a declaration of acceptance of inheritance may not be revoked. However, an heir who has made such a statement may annul it, if such statement was issued under threat, or actual violence, or due to fraud or error.
11 - Is it possible to renounce an inheritance or accept it under benefit of inventory?
Yes, an heir can renounce his inheritance by a statement made before a notary up until completion of the succession procedures. He may also accept his share for the benefit of the other heirs.
12 - How do we administer and divide up the assets if there is more than one heir?
The division of an inheritance may be requested by any heir at any reasonable time. This right cannot be waived: any contract whereby an heir renounces his right to request division, and any provision of a will which bans or restricts that right, is null and void.
The estate must be administered and disposed of jointly by the heirs up to the moment of its division. If there is no executor, and the heirs do not agree on the administration of the inheritance, the court, upon the request of one of the heirs, shall appoint an administrator, who shall administer the property on behalf of all the heirs. Alternatively, the court may assign a share of the estate to be administered to each heir. The court may also appoint one of the heirs as administrator. The administrator may, with the permission of the court, effect disposals of assets forming part of the estate if this is authorised in the will, or if this is necessary to pay expenses, or to avoid loss.