Confirmation of inheritance acquisition – what is it, how long does it take and how to obtain it?

Confirmation of inheritance acquisition – what is it, how long does it take and how to obtain it?

Confirmation of inheritance acquisition is one of the first formalities after the death of a loved one. Without it, in practice, it is impossible to sell real estate, withdraw money from a bank account or organize property matters.

What is confirmation of inheritance acquisition?

Confirmation of inheritance acquisition is a procedure that confirms:

• who inherits from the deceased,
• in what shares.

It is worth knowing that an inheritance is acquired automatically at the moment of the deceased person's death. The court order only confirms this — but in practice it is necessary.

Is confirmation of inheritance acquisition necessary?

Formally – no.

In practice – almost always yes.

Without this document, you cannot, among other things:

• withdraw funds from the deceased person's bank account,
• sell real estate,
• make an entry in the land and mortgage register,
• prove your rights to the inheritance.

That is why, sooner or later, this procedure usually has to be completed.

How to file an application?

The proceedings take place before the district court competent for the deceased person's last place of residence.

Step by step:

• Filing an application with the court
• Indicating all potential heirs
• A hearing — not always extensive
• Issuing a court order

The court determines the circle of heirs on its own — even if someone was not indicated in the application.

Who can file an application?

This is a common question: only an heir? — No.

An application may be filed by any person with a legal interest, for example:

• an heir,
• a creditor,
• a person entitled to a statutory reserved share,
• a legatee,
• an executor of a will.

Importantly — one person is enough.

How long does confirmation of inheritance acquisition take?

It depends on the situation.

Most often:

• a few months – in straightforward cases,
• longer – when there are disputes or difficulties in identifying the heirs.

In practice, the application is usually filed about 6 months after death because:

• this is the time for accepting or rejecting the inheritance.

If everyone makes a decision earlier — the case can be accelerated.

Notary or court – which option to choose?

You do not always have to go to court.

An alternative is a certificate of inheritance prepared by a notary.

This solution is faster, but only when:

• all heirs agree,
• all of them appear together,
• there are no doubts about inheritance.

Otherwise, the case goes to court.

Is it worth using an attorney's assistance?

Many people try to complete this procedure on their own — and in simple cases this is possible.

The problem arises when:

• there is more than one will,
• someone has been omitted,
• a family conflict arises,
• the estate is complicated,
• debts are involved.

In such situations, an attorney's assistance helps to:

• avoid formal errors,
• speed up the proceedings,
• protect your interests.

Summary

Confirmation of inheritance acquisition is a key step in organizing property matters after the death of a loved one.

Although it is not mandatory, in practice it is impossible to use the inheritance without it.

The content is for informational purposes only and does not constitute legal advice in any specific case.