After the death of a person, his property, rights and obligations do not disappear, but pass to his heirs. This transfer is not carried out automatically, but through a special legal procedure - probate procedure.
Although in the public it is often considered to be a "formality", in practice the probate procedure can be complex, especially when there are several heirs, disputed property or a will. That is why it is important to inform yourself about your rights and obligations in a timely manner.
What is the probate procedure?
The probate procedure is a non-litigation court procedure that determines which persons are the heirs of the deceased person (the testator) and how his estate is distributed.
In the Republic of North Macedonia, the procedure is usually carried out by a notary as a court trustee, based on authorization from a competent basic court.
What is included in the inheritance?
All property and property rights owned by the testator at the time of death are included in the inheritance.
It includes real estate, movable objects of greater value, cash, shares and shares, as well as property rights. At the same time, the legacy also includes the debts of the testator.
How is the probate procedure initiated?
As a rule, probate proceedings are initiated ex officio, after delivery of the death certificate to the competent court.
If the procedure has not been initiated, any interested heir has the right to submit a proposal to the court for its initiation.
Is the presence of a lawyer mandatory?
Yes. According to the Notary Law, during the discussion of the inheritance before a notary, the participation of a lawyer as a representative of the heirs is mandatory.
If the heir does not hire a lawyer, the notary will appoint a lawyer ex officio, which often results in higher costs and less control over the proceedings.
How does the probate hearing proceed?
The notary schedules a hearing and summons all known heirs. At the hearing, the circle of heirs, the estate and the existence of a possible will are determined.
If all heirs agree, the procedure is completed without interruption. If there is a dispute, the notary is obliged to stop the procedure and refer the parties to a court case.
Who inherits by law?
When there is no will, legal succession applies. The heirs are arranged in succession lines.
The first line of succession includes the children and the spouse. If they exist, heirs from more distant lines do not inherit.
What is the role of the will?
With a will, the testator can distribute part or all of the property according to his will.
However, even in the case of a will, the legal heirs have the right to a necessary share, which cannot be completely excluded.
What is a legacy solution?
After completing the procedure, the notary adopts a decision on inheritance.
With the finality of the decision, the heirs can be registered as owners of the property and dispose of the inherited rights.
Inheritance tax – when is it paid?
Heirs of the first line of succession (children and spouse) do not pay inheritance tax.
More distant heirs may have a tax liability, depending on the degree of kinship and the decisions of the municipality.
The probate procedure is crucial for the legal arrangement of the inheritance and the prevention of future disputes between the heirs.
With timely legal assistance, appropriate documentation and clear communication, the procedure can be completed efficiently and without unnecessary complications.
