The division of succession assets can occur on the basis of an agreement between all of the heirs, or on the basis of court ruling, issued on the demand made by any heir. In the event when the real estate is a part of the succession, the agreement on the division shall be made in the form of a notary deed.
Contractual and judicial division of succession assets
The judicial division occurs when it is established who the heirs are. Most often this happens after a final decision on the acquisition of inheritance by a specific person or persons. The petition for a division may be submitted also by the holder of certified deed of succession.
If the succession is divided between the heirs, to the joint property of succession assets and to the division itself provisions of fractional joint property apply, which will be discussed in the following article.
Judicial division of succession assets should cover the entire succession. Nevertheless, for important reasons it may be limited to the part of succession. Contractual division may cover the entire succession or be limited to just a part of it.
Credit of the donations (gifts) to the succession assets
In the case of statutory inheritance and when the division of succession assets occurs between descendants or between the descendants and the spouse, the heirs are mutually obliged to credit towards the succession assets received donations (gifts) as well as vindicatory bequest, unless the testator said the opposite or such statement may be derived from the circumstances. The testator may burden such obligation also for other heirs. Small donations accepted customarily shall not be subject to this obligation. If the value of the donation or the vindicatory bequest exceeds the value of the share in in the succession the heir is not obliged to return the surplus. In such case neither the donations nor the vindicatory bequest as well as heirs obliged to credit them are taken into account in the division of succession assets. Further descendant is obliged to credit the donation of the vindicatory bequest for the succession made by the testator to his ancestor.
The credit is made in the following matter: the value of gifts or vindicatory bequests are added to the value of the succession or its part, which is divided among the heirs obliged mutually to credit, and then the part for each of the heirs is calculated, then this value is deducted from the value of the part in the succession that falls to particular heir. The value of the donation is calculated as of the time of its making, and according to prices at the time of the estate. The value of the donation is calculated as of the moment of opening the succession, and according to prices at the time of the division. During credit the value of the beneficial use of donations or vindicatory bequest are not taken into account.
The rules for the crediting the donations to the succession assets shall apply to incurred by the testator for his descendant the costs of upbringing and the general education and vocational training, as far as these costs exceed the average measure adopted in a given environment.