General regulations stipulate that the person who acceptes the inheritance acquires not only the rights of the deceased (e.g., title to assets, etc.) but also his/her obligations (e.g., loan obligations). Sometimes the obligations of the testator exceed the value of his/her property. Under such circumstances the heir may waive the inheritance.
There also may be the situation when making arrangements as to the inheritance, the heirs voluntarily decide that all the property of deceased belongs to one of them (e.g., such heritor took care of the deceased person and paid all the expenses).
The waiver of inheritance is drawn up in the form of the statement, which is submitted by the heir to the notary (whether public or private) who opens a probate, or to any notary if the probate has not been opened yet.
It should be mentioned that such statement on waiver of inheritance is to be submitted by the heir personally or by mail to the address of the notarial office, however, in the latter case his/her signature must be notarized. Legislation stipulates no provisions on submission of the waiver of inheritance by the heir’s representative.
The legislation strictly defines the period for submission of such statement, which is 6 months from the date of death of testator. All statements submitted after the expiration of this period shall not be accepted by the notary.
Please note if you change your mind and finally decided to accept the inheritance, you need to apply to the notary to whom you firstly submitted the statement on the waiver of inheritance and submit the statement on its withdrawal. Then you must submit the statement of acceptance of inheritance. Remember that you may withdraw your statement within 6 months from the day of death of the testator.
