To assert claims to a compulsory share of the inheritance without interrupting the statute of limitations when the heir’s address is unknown, an estate administrator can be appointed. In such cases, the probate court has the task of securing the estate. It can appoint an estate administrator for this purpose, particularly if the heir is unknown or it is unclear whether they have accepted the inheritance. The estate administrator then represents the interests of the person entitled to a compulsory share and takes the necessary measures to enforce the claim. ” The appointment and the corresponding safeguarding measures are carried out by the probate court ,” explains attorney István Cocron.
Furthermore, the probate court can issue a public notice of inheritance. This measure serves to clarify the circle of potential heirs and to facilitate the issuance of a certificate of inheritance. It aims to identify unknown heirs and simultaneously protect their rights. These measures suspend the statute of limitations for claims to a compulsory share of the inheritance, as the person entitled to the compulsory share has exhausted all reasonable means of enforcing their claim.
Is it possible to appoint a guardian for an absent person if the heir’s address is unknown?
The appointment of an absentee administrator is possible if the heir’s address is unknown. While an estate administrator is appointed when the heir or their status as heir is unclear, an absentee administrator can be appointed if the heir is known, but their whereabouts cannot be determined. This is particularly relevant if it is established that the heir has accepted the inheritance, but their location is unknown.
Can the two applications be combined if it is unclear whether the heir has accepted the inheritance?
It is possible to combine applications for the appointment of an estate administrator and an absentee administrator. If it is unclear whether the heir has accepted the inheritance and their whereabouts are unknown, both measures are possible. The probate court can first appoint an estate administrator to protect the rights of the beneficiaries and secure the estate. Simultaneously, if the heir’s identity is known, an absentee administrator can be appointed to represent the heir’s interests despite their unknown location. “Combining these measures ensures that the estate is effectively managed and the rights of all beneficiaries are protected,” says attorney Cocron.
