2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them? 150 150 ih_authacts

The Certificate of inheritance (or Decision on Inheritance) is the typical ordinary act that settles the succession case. It resembles a judicial decision in a non contentious matter, establishing who the heirs are, what the succession consists of, which heir gets how much of each element of the succession and ordering third parties (land registers, banks, etc.) to act upon receiving an authentic copy of the certificate of succession. Under ordinary circumstances, it is issued by the notary who conducted the succession proceeding, acting as a court commissioner. If the heirs are in a dispute from the beginning on, or if the notary’s decisions is subject to objection, the court settles the succession in the form of a litigation proceeding. Another typical notarial competence would be to draft a public will. This is done in the form of a notarial protocol. Declaration on acceptance or waiving the inheritance is given orally at a hearing (in which case it is indicted in a signed protocol from the hearing), or sent in written form as a private document with a certification of signature.

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