In terms of inheritance law, investigating the deceased’s estate is of great importance. This is because, in order for the legal heirs to divide the inheritance, or if division is not possible, to file a lawsuit for inheritance division; to determine whether the deceased’s known immovable property has been preserved, or whether money or jewelry has been kept safe; or, if transferred illegally to one or more heirs, whether a lawsuit for fraudulent transfer of inheritance assets is necessary; and to identify and transfer any unknown movable or immovable assets, etc., the deceased’s estate must first be determined, and therefore, an investigation of the inherited assets is necessary.
Investigation of Inherited Assets
Upon the death of the deceased, the death is recorded in the population registry, and the legal heirs, or appointed heirs if any, must first obtain a certificate of inheritance. A certificate of inheritance, also known as a document proving heirship, should be requested from a notary public. If the notary system does not provide it, or if there are no appointed heirs, a lawsuit must be filed to request it. Subsequently, if the deceased had real estate, their status should be inquired about through written applications to the land registry offices. For the deceased’s bank accounts, written applications can be made to the general directorates or branches of the banks. It is beneficial to attach copies of the certificate of inheritance to these written applications during the research process. In addition to all these investigations, for any information that cannot be obtained, a lawsuit can be filed to determine the estate. We will discuss the lawsuit for the determination of the estate in detail in our next article.
Why is Investigating the Deceased’s Inherited Assets Necessary?
The relationship between the deceased and the heirs may not always be strong, and the heirs may not know all of the deceased’s assets. In this case, there may be uncertainty regarding the nature of the inherited assets, and the heirs will need to conduct a thorough investigation. Furthermore, in cases where there are multiple heirs, the testator may have fraudulently transferred some assets to someone else during their lifetime without the knowledge of the other heirs. Even if the heirs reach an agreement, it will not be possible to distribute the inheritance without investigating the testator’s assets. Identifying the estate is a problem that must be resolved before other legal processes. It is crucial for heirs to investigate the inherited assets before taking legal action, as this will be the first step in determining the necessary procedure. Moreover, it is not always accurate to assume that the testator will leave behind active assets and money. The testator may be heavily indebted, or, contrary to what the heirs believe, their active assets may be less than their passive assets. In such cases, even to pursue the procedure of renouncing the inheritance, an investigation of the inherited assets is necessary.
Investigating Inherited Assets Through a Lawyer
Investigating inherited assets can be done professionally through a lawyer if the heir is abroad, out of town, lacks time, or may be unfamiliar with managing the legal process, in order to prevent loss of rights.