Opening of succession and certificate of heirs
On death, the estate transfers to the heirs by operation of law. The first step is to obtain the certificate of heirs — from the magistrate court of peace or a notary.
For heirs living abroad, a notarised power of attorney is essential to file proceedings, share assets and conduct banking. Our office offers full remote support to international heirs.
Renunciation — within 3 months from death
If the deceased's debts exceed the estate's assets, heirs may renounce within 3 months by application to the magistrate court of peace. Missing the deadline forces a "presumptive renunciation" suit, on much stricter conditions.
Renunciation is a unilateral statement. Timing is critical to escape the debts; wrong moves can amount to tacit acceptance.
Reduction and muris muvazaa
Where reserved-share heirs (spouse, descendants, parents) have been infringed by will or gift, a reduction case is brought. If the deceased disposed of property to a third party as a sale but in fact as a gift, the muris muvazaa case opens.
These two cases form the most technical part of inheritance law; banking records, land registry, sale-price realism and witness evidence all weigh together.
Partition of jointly-owned property (izale-i şuyu)
Where multiple heirs cannot agree on dividing real estate, a partition case is filed. The court decides between physical division and judicial sale with proceeds split.
This area has its own dedicated practice page — see Partition of Jointly-Owned Property for details.