1. Estate ready for distribution:
The estate must be ready for distribution. This means that all liabilities, such as funeral expenses and debts, must be settled, and the estate assets must be divisible. This is straightforward with cash assets, but often more difficult with real estate, as it usually has to be sold through a partition auction. Movable items such as jewelry or coins must also be sold beforehand.
2. No exclusion of division by the testator or by law:
A lawsuit is inadmissible if the testator has stipulated a prohibition on division or has specified in a will which heirs are to receive which assets of the estate. Furthermore, all heirs must be known, meaning that the birth of a new heir must not be anticipated.
3. All co-heirs must be taken into account in the division plan:
The plan must not exclude any heirs and must cover the entire estate.
4. Gifts and testamentary dispositions of the deceased must be taken into account:
Gifts and testamentary division instructions must be documented in the division plan.
Who files the inheritance division lawsuit?
“The plaintiffs are the heirs who seek the dissolution of the community of heirs. The defendants are the co-heirs who do not agree to the dissolution. The goal is the court’s approval of the distribution plan, ” explains lawyer István Cocron.
Filing and conduct of the inheritance settlement action
1st submission:
The claim can be filed in writing (possibly through a lawyer) or orally with the competent probate court. Important components of the claim are:
– Personal details of the plaintiff and the defendant
– Facts and grounds for the action
– Claims and division plan.
2. Review by the court
The court checks whether the statement of claim is complete. If additions are necessary, these can be submitted later. The court does not make changes to the distribution plan.
3. Statement of the co-heirs:
The defendants may comment on the distribution plan.
4. Court decision:
After the proceedings are concluded, the court orders the implementation of the distribution plan. The community of heirs is then dissolved.
Risks and costs of inheritance dispute proceedings
1. High costs and risks
Court costs, attorney fees, and potential auction expenses often place a considerable burden on plaintiffs. In the case of real estate, a partition auction can result in a lower sale price.
2. Lengthy Process:
The process can drag on for years, especially if a partition auction is necessary.
3. Litigation risk:
The court can only accept or reject the distribution plan, which increases the risk of costs.
Alternatives to an inheritance division lawsuit
1. Sell your inheritance:
The heir can sell their share of the inheritance without the consent of the other heirs. The other heirs have a right of first refusal.
2. Out-of-court Settlement:
An amicable solution saves time, money, and stress.
3. Mediation:
A neutral third party can support the negotiations between the co-heirs.
” A lawsuit should always be considered a last resort. Selling the inheritance share or reaching an out-of-court settlement is usually faster and cheaper, ” says lawyer Cocron.
