Implementation of inheritance division

Inheritance division is carried out by allowing the heirs to divide the assets in the manner they prefer. However, the purpose of the division is not necessarily to establish co-ownership relationships. If the assets in the estate to be divided are not easily divisible, the division may be carried out by selling the assets, and the proceeds from the sale are distributed to the heirs. This situation may arise, for example, when the estate primarily consists of the deceased’s residence or summer cottage.

Right of a legal heir to their statutory share

A statutory share cannot be bypassed by a will.

Legal heirs always have the right to a statutory share after the deceased. If the deceased had children, they are considered as legal heirs. If the children have passed away, then their children become legal heirs.

According to the law, a legal heir is entitled to a share of the estate, which is the inherited property divided by the number of forced heirs.

For example:

if there are four legal heirs, the share is 1/4. However, if the estate has been bequeathed to someone other than the legal heir by a will, the forced heir is still entitled to their statutory share. The statutory share is half of the inherited property, which means that if there are four legal heirs, the statutory share is 1/8 of the estate.

Inheritance division must be done in writing

Inheritance division becomes effective through the signing and attestation of the agreement document.

Inheritance division can be challenged

The heirs of the estate have the right to challenge the inheritance division in court within six months from the date of the division. Grounds for challenge may include formal errors in the inheritance division, such as missing signatures, or substantive grounds, such as errors in the division.

Inheritance Division and Attorneys at law Amos

Our office assists in agreement-based divisions of estates by helping with the drafting of the division document. We also act as estate distributors in inheritance divisions when needed. If you have any questions or concerns about inheritance division, please call our toll-free number.

Inheritance division

Inheritance division takes place after the death estate inventory

Once the death estate inventory has been completed, the inheritance can be distributed. In the inheritance division, the assets are divided among the heirs listed in the estate inventory. Inheritance can be divided either by agreement or by court order.

Inheritance division by agreement

The heirs of the estate can agree among themselves on the division of the inheritance. An inheritance division always requires the drafting of an inheritance division document. Based on the inheritance division document, the distributed assets are recorded in the names of the recipients. An agreement-based division becomes binding on the heirs when all of them accept the division document and it is whitnessed by two impartial individuals.

Inheritance division by court order

If the heirs cannot reach an agreement on the inheritance division, even one of the heirs can apply to the district court to appoint an estate distributor for the estate. The estate distributor must be a lawyer. In the division conducted by the estate distributor, the division document is signed on behalf of the heirs by the estate distributor.

Inheritance division and matrimonial property division

Before the inheritance division, a matrimonial property division must be conducted in the estate if the deceased was married and did not have a marital property agreement.

Inheritance division and debts

Before the inheritance division, all debts of the estate must be settled. Violating this requirement can result in personal debt liability for the heirs of the estate, therefore, it is crucial to settle the debts before the division.

Implementation of inheritance division

Inheritance division is carried out by allowing the heirs to divide the assets in the manner they prefer. However, the purpose of the division is not necessarily to establish co-ownership relationships. If the assets in the estate to be divided are not easily divisible, the division may be carried out by selling the assets, and the proceeds from the sale are distributed to the heirs. This situation may arise, for example, when the estate primarily consists of the deceased’s residence or summer cottage.

Right of a legal heir to their statutory share

A statutory share cannot be bypassed by a will.

Legal heirs always have the right to a statutory share after the deceased. If the deceased had children, they are considered as legal heirs. If the children have passed away, then their children become legal heirs.

According to the law, a legal heir is entitled to a share of the estate, which is the inherited property divided by the number of forced heirs.

For example:

if there are four legal heirs, the share is 1/4. However, if the estate has been bequeathed to someone other than the legal heir by a will, the forced heir is still entitled to their statutory share. The statutory share is half of the inherited property, which means that if there are four legal heirs, the statutory share is 1/8 of the estate.

Inheritance division must be done in writing

Inheritance division becomes effective through the signing and attestation of the agreement document.

Inheritance division can be challenged

The heirs of the estate have the right to challenge the inheritance division in court within six months from the date of the division. Grounds for challenge may include formal errors in the inheritance division, such as missing signatures, or substantive grounds, such as errors in the division.

Inheritance Division and Attorneys at law Amos

Our office assists in agreement-based divisions of estates by helping with the drafting of the division document. We also act as estate distributors in inheritance divisions when needed. If you have any questions or concerns about inheritance division, please call our toll-free number.