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The heirs specified in the will can apply a request for a probate, as well as any person, who wishes to receive validity to the will, including creditors of the beneficiaries of the will. 

Stages of the procedure to receive a probate order:

  1. Applying the request to Inheritance Registrar of the Inheritance Affairs in the county of the deceased at the time of his death (see below how to apply).
  2. Examining and checking of the request by the Secretariat of Inheritance Registrar in order to assure that there is no another will left by the deceased and that the official request was procedurally correctly filed. It is recommended to get lawyers assistance in completing your application in order to streamline and speeding up the process, especially given the need to verify the applicant signing the affidavit in a presence of an attorney.
  3. Advertising of application in daily newspapers and in the records by the Registrar, for the purpose of informing the successors and potential opponents.

The Opponents – any person, who opposes granting binding force to the will, can appeal and oppose it at this stage already. As mentioned above, if the opponents will arise the process will go to the Family Court.

  1. Sending a copy of the request to the General Custodian to obtain his response. In some cases, he will want to join the proceedings in order to protect the interests of a minor or privileged, who have a right inherited. In such a case the process also will be go to the Family Court. 
  2. Granting a probate order by the Registrar if there are no opponents and General Custodian have announced that he doesn’t intend to participate in the process. Once the order is issued, the will be considered valid and will be implemented.

Applying for a probate order:

You can apply directly at the Inheritance Registrar, to send the application by registered mail or to fill out an online form on the website of the Inheritance Registrar. 

Founding documents to attach to the application:

  • A fee payment vouchers.
  1. Application forms for granting a probate order – the applicant must fill out all form information and verify his signature by affidavit by an attorney or notary.
  2. The death certificate of the deceased – an original or a certified copy signed by attorney.
  3. The death certificate of successor – only and exclusively relevant to cases where one of the heirs under a will dies. Even in this case an original certificate or a certified copy must be present.
  4. The original will of the deceased – if the applicant does not have the original will, separate request must be applied to the Inheritance Registrar for presentation of the copy of the will.
  5. Confirmation of message to all heirs – presentation of a written document signed by all heirs confirming that they know about submission for a probate, alternatively you can present registered mail vouchers indicating that the message has been sent to each heir of the will to the address.
  6. The power of attorney – in cases where the applicant is represented by an attorney, an original power of attorney or certified copy must be presented. 

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     A Probate Order

    After the reveal of the will of the deceased, a legal need arises to declare its validity, in order to enable the heirs to act accordingly. The need for probate order, which is anchored in Article 66 (a) of the Inheritance Law, and this is its wording: “Inheritance Registrar may declare the rights of heirs: […] of the inheritance according to the will – by probate order”. Section 69 (b) of the Inheritance Law defines the probate order as an order declaring the will as valid and this is its wording: “The probate will declare the will as valid, except for the provisions that the court found that they are void.” I.e., a probate order is a declaratory order by its nature, which Confers binding effect of the judgment to the structure and the formula of the will, and thus a legally and officially implements the wishes of the deceased. Only after obtaining a probate order, the heirs can realize their rights in the estate of the deceased, for example, they can go to the bank to distribute his money or to transfer to themselves the ownership of real estate assets, which they inherited, according to the will.

    It is important to know that opponents of lawfulness of the will and the formula could arise, who have the ability to file an objection to the existence of the will to the Inheritance Registrar. Therefore, the case will go to Family Court, which will begin legal proceedings between the opponents of the validity of the will and the winning heirs, according to its wording. 

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