Act: Decree of Distribution or Legacy
Legal Framework: Article 214 ss. of the Inheritance Act
Competent Authority: Probate court
Procedure:
- The court opens probate proceedings upon notification of death. Heirs, legatees, and creditors may participate; a hearing is scheduled to establish the deceased’s estate and rightful heirs.
- The court identifies heirs based on testamentary or intestate succession. Estate assets, including real estate, are listed according to the land registry.
- Heirs and interested parties have 15 days to appeal. Filing an appeal suspends enforcement, unless the court decides otherwise. The issuing court may amend or annul its own decision. If not amended, the appeal goes to a higher court for review.
Nature, content and function: The Decree of Distribution or Legacy has a constitutive nature. It contains: identity of the deceased, date of death, scope of the estate, list of heirs and their inheritance shares, Legal basis of inheritance and any restrictions on the inheritance. The final decree binds heirs but not creditors. Although it is not properly national certificate of succession, Decree of Distribution or Legacy fulfills a similar role inin certifying inheritance rights and enabling heirs to take possession of the estate.