In simple terms, the document regulating the division of inheritance by agreement is a contract between heirs, in which the size of the shares of each of them in the common law is described, or the distribution of things between them.
Its conclusion is required in situations:
Receipt of property by several successors in the next order under Ch. 63 of the Civil Code:When in testament the testator during his life indicated several applicants, but the procedure for the distribution of property between them did not paint (if the document indicates who receives what, the agreement does not).The execution of the agreement by virtue of Art 1165 Civil Code is optional. If it is not compiled, then all the heirs are entitled to use the property on the same terms. The distribution of shares in the agreement allows you to take into account the identity of each new owner.The parties can conclude an agreement independently or draw a notary for additional assurance. For the Separation Agreement this is an important matter now.
Form of inheritance agreement
Mandatory notarization of the document does not require. But if the heirs agreed to apply such an order, then it becomes mandatory.
Legislation does not contain detailed requirements for such an agreement, but it should not be in accordance with general norms:
- To contradict the legislation
- Violate the rights of those new owners who are not parties to such an arrangement
- Agreement on the division of inheritance between heirs
If it is necessary to divide the rights to real estate, then the agreement is concluded only after the registration of the certificate of inheritance. In the absence of real estate, the agreement can be concluded before the registration of the certificate. The use of the Power of Attorney Form comes here as well.
Exemplary terms of the inheritance agreement
The law does not require the conclusion of a contract on the division of inherited property by agreement of the heirs in some definite form and with established content. But the practice has worked out the approximate conditions prescribed in the document:
- the name of the municipality where it is entered into
- date of signing
- information about each heir (name, address of residence, passport)
- documentary grounds for the division of property
- legal basis Art. 1165 Civil Code
- direct distribution of shares indicating the qualities and properties of things that allow them to be identified
- indication of the voluntary distribution of the heirs
- It is prescribed for each owner his new possessions (personally for each)
- Information about encumbrances of certain items (for example, liens, arrests)
- Date or period of time of entry into force of the agreement
Ways of transferring things
- It is prescribed that after the conclusion of the agreement becomes mandatory for its participants
- Everything that is not settled by the document is subject to distribution according to the legislation
Signatures of each participant
The distribution of the inherited mass of property can be established within three years after the opening of the inheritance. Use can do all these in the Legal Forms.
If one of the participants is a child incapable completely or limited, then the guardianship and trusteeship bodies are involved in the distribution.