AKMV How to contest a certificate of inheritance
QUESTION
After my mother’s death, I found out only after a year and a half, following my inquiry at the district court, that the inheritance proceedings were completed without the notary informing or contacting me as the son of the deceased… I read that according to the law, if the heirs do not reach an agreement at the notary, the court decides at a hearing… I have formally requested the district court to annul the certificate of inheritance, and for about a year we have been exchanging letters— they say everything is closed. Is there any possibility for remedy?
ANSWER:
If you would be considered an heir and were not a participant in the inheritance proceedings, you could file a lawsuit in court to claim the estate property from the wrongful heir — that is, from the person who acquired the property after your mother. Therefore, it is necessary to file a lawsuit against the wrongful heir as the defendant.
If you requested the court to annul the certificate of inheritance, as you mentioned, that is not sufficient.
However, you can only file the lawsuit within three years from the final conclusion of the inheritance proceedings (from the final decision that closes the inheritance case). After that, the right is time-barred, and if you file the lawsuit later, the other party may raise the statute of limitations defense, and you will lose the case.
If you win the dispute, the defendant must return to you the estate property in kind. If they sold it in the meantime, you are entitled to monetary compensation. However, if this person incurred any expenses related to the estate, they may request reimbursement for those costs.
JUDr. Veronika Michalíková, MBA QUESTION
If I was excluded from the inheritance proceedings after a parent by siblings, how should I defend myself and whom should I contact in this matter?
ANSWER:
The given situation is regulated by the Civil Code in § 485. According to this provision: “If, after the inheritance has been settled, it is found that the rightful heir is someone else, the person who acquired the inheritance is obliged to hand over the property they have from the inheritance to the rightful heir, based on the principles of unjust enrichment, so that they do not gain a financial benefit at the expense of the rightful heir.
(2) The wrongful heir has the right to have the rightful heir reimburse the costs they incurred on the inherited property; they are also entitled to the benefits from the inheritance. However, if they knew or could have known that someone else was the rightful heir, they are entitled only to compensation for necessary expenses and are obliged to hand over both the inheritance and its benefits to the rightful heir.”
From the above, it follows that the rightful heir may file a lawsuit for the delivery of the inheritance against the wrongful heir in court and request the return of the property acquired from the inheritance. However, beware of the statute of limitations. The rightful heir can only do this within 3 years from the final decision that concluded the inheritance proceedings.
JUDr. Veronika Michalíková, MBA