The beginning of the will is not limited by any circumstantial word and can happen both immediately after the death of the heir and after many years, depending on the minute of its uncovering by the heirs. The full trial can take place in both the notary and the court. Here are the procedures and required papers for both options:
Opening of the will after the death of the testator:
In accordance with Article 646 of the civilian Code, a individual holding information on the place of retention of the will shall be required to file it in a court or notary with the death certificate immediately after the death of the heir. By waiving this obligation, property liability can be borne and fined by the court.
Where can you file a motion to open a will and who can?
The application must be lodged in the territory court competent for the last residence of the heir. If this place is not known, the application shall be lodged in the territory court where the property or part of it is situated. The application may be filed by different persons, including the heirs to the will and the bill, their creditors, the subscribers, the executor of the will, the curator of the succession and the prosecutor on general terms.
Opening a will in court – what papers are needed?
To open a will in court, you request proof of death of the heir, the first of the will and the identity of the applicant. In any cases, witnesses may be required and papers confirming the relation of the deceased to the applicant.
How much time do we gotta open the will?
There is no precise deadline for the beginning of the will, but it is recommended to do so as shortly as possible after the death of the testator, in order to let the process of inheriting and performing the last will of the deceased.
Opening of a will with a notary
The notary may carry out the procedure for beginning the will on the basis of the application of the heirs. In this case, papers do not go into court records, which is more discreet. The essential steps shall include:
- Submission of a death certificate: a notary will open a will only if he receives evidence in the form of a testator's death certificate.
- Request to open a will: The will is opened at the request of the persons concerned. To do this, we request to supply identification.
- Opening of the will: A notary opens a will in the presence of curious persons. If the heir has filed respective wills with the notary, they should all be open at 1 meeting.
- Minutes: At the time of the beginning and announcement of the will, the notary shall draw up minutes, describing its external state, the date of drawing up and deposit and the individual who filed the will.
- Notice of the beginning of a will: The notary informs the court of the succession of the beginning and announcement of the will and sends a copy of the minutes to the address of the court.
During the beginning of the will, curious persons have the chance to read the disposition of the property of the deceased. This is an crucial minute that allows for further inheritance activities.
How much does it cost to open a will with a notary? We must bear the cost of drawing up the protocol and announcing the will. The maximum notarial taxation for this activity is PLN 50 and the mandatory VAT, 61,PLN 50. This is the only fee straight linked to the beginning of the will with the notary. It does not cover costs related to the possible drawing up of a will or another notarial acts.
However, this amount may vary according to the notarial firm. If you request accurate information about the costs associated with the beginning of the will, contact the selected law firm directly.
Opening a will with a notary or court
The procedure for beginning the will can be done both in the notary and in the court. The option with the notary is usually faster and little formal, while the beginning of the will in court may be more time-consuming and formal. The choice depends on the preference of the heirs.
Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.
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Attention! This article should be considered as a clue, a hint, not a prescription, how to solve your own problem. The legal opinion has no binding power for offices, courts, so we urge that legal matters be consulted straight with a lawyer. Each case is different and requires individual analysis.
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