In case of inheritance by law, if the inheritance property passes to two or more heirs, and in case of inheritance by will, if it is bequeathed to two or more heirs without specifying the specific property inherited by each, such property comes from the day of opening the inheritance into the common shared ownership of the heirs. To allocate a share in it, it is necessary to conclude an agreement on the division of the inheritance.
Instructions
Step 1
You can allocate a share in the inheritance by concluding an agreement on the division of the inheritance with other heirs. Since the division of the inheritance is a rather difficult procedure, depending on the various circumstances prevailing at the time of opening the inheritance, consult with other heirs with a lawyer about concluding an agreement on the division of the inheritance. If you wish, you can simply order its preparation from a law firm: they will definitely help you to draw up an agreement, and collect the necessary documents, and draw up it.
Step 2
If you decide to draw up an agreement on your own, remember that the heirs have the right to be guided by the principle of freedom of expression, therefore, the division of the inheritance may not be made by them in accordance with the amount of shares due. Thus, you are not obliged to allocate equal shares in the inheritance. The disproportionality of shares allocated in kind (for example, part of a house) may not be compensated for by the amount of money. Therefore, be careful when discussing the terms of the division of property with other heirs and keep in mind that the division agreement will be valid even if your share is much less than the others.
Step 3
If among the heirs there are minors, of limited legal capacity or incapacitated, the agreement on the division of the inherited property must be drawn up with the participation of their legal representatives, guardians or trustees. The guardianship and trusteeship authority must also be notified of this and give the appropriate permission. Therefore, get permission from him and only after that proceed with the preparation of the agreement.
Step 4
Remember that some heirs may have pre-emptive rights over certain items in the inheritance. Heirs who lived in a dwelling that cannot be divided and who do not have any other dwelling have a pre-emptive right over other heirs to receive it against their hereditary shares. If an indivisible thing is part of the inheritance, then the heir, who constantly used it, or who owned it on the basis of common ownership together with the testator, has the priority right to receive it.
Step 5
An agreement on the division of shares must be in writing. If you wish, you can certify it with a notary.
