Read the untranslated law here: https://www.vestnesis.lv/ta/id/124794
Cabinet of Ministers Regulations No 1009 Riga 2005 (December 27. 77. § 22) the rules on inheritance and the inheritance of the register books Issued in accordance with article 64 of the law on Notaries of i. General provisions 1 the questions determines the inheritance and the inheritance of the register books.
II. the heritage register 2. Sworn notaries launches heritage after ensuring that this heritage has not started another sworn notaries and it is registered to a heritage register.
3. the opening of the inheritance sworn notary electronically notify the heritage register. The notification shall state the following particulars: 3.1 the testator's name, surname, personal code (if it is not, the date and place of birth). If the testator is a citizen of another country, indicate the name and surname spellings, latīņalfabētisk oriģinālform in transliteration;
3.2. the testator's death;
3.3. sworn notary's name, practice address.
4. Sworn notaries from the heritage register to receive information about the registration of the inheritance or succession that is registered to another sworn notary.
5. This provision of the information referred to in paragraph 4, a sworn notary receives the electronic registry of heritage in print form.
6. the heritage register include the following: UR6.1.re ģistrācij number;
6.2. entry time;
6.3. the testator's name, surname, personal code (if it is not, the date and place of birth). If the testator is a citizen of another country, indicate the name and surname spellings, latīņalfabētisk oriģinālform in transliteration;
6.4. the testator's death;
6.5. its sworn notary public in name and practice location address records in heritage;
6.6. the news of the discovery of the promulgation of the heritage, including the full text of the announcement;
4.2. other information (notes).
7. The need to correct or cancel the entry in the register of heritage sworn notary shall notify in writing the Latvian Council of sworn notary Council. Latvian sworn notary Council Heritage Register, make the necessary corrections or make a mark on things.
8. If a sworn notary, which records on heritage, the long-suffering, is released or prohibited from Office moved to practice on the territory of another district or is dead, the transfer of the inheritance to the notary certified, on the basis of an order of the Minister of Justice. The Justice Minister's order for referral to another sworn notary shall send the Latvian Council of sworn notary Council, the heritage the register which shall carry out the appropriate tag.
III. Filing procedure of inheritance 9. Inheritance shall be accompanied by all the documents relating to it, including filing the list made and documents relating to the pārdzīvojoš part of the possessions of the attestation. In the form of notarial acts made in the original submission of notarial acts in the book, but the succession added this book first issued.
10. the heritage certificate and certificate of spouse inherit part or agreements made shall keep the original of a notarial deed book, but add the succession order of certified management this transcripts of notarial acts.
11. The inheritance of all the pages numbered, after the completion of the proceeding to the cauraukl and adds a closing notice. Closing caption indicates the number of pages and caurauklot things the completion date, and sworn notary certifies with his/her signature and seal.
12. the heritage of things stored in alphabetical order.
IV. the commencement of the inheritance and succession submissions 13. To launch the inheritance, a sworn notary makes sure that the testator's death. The death certificate or the civil registry authorities provided a copy of the death registry entry or extract.
14. If the testator's death a sworn notary shall notify the third person, including national regulatory authorities, as well as vendor or legatār, which is not the testator's death certificate, sworn notary even requires the opening of the inheritance of the necessary information from the vital statistics office concerned.
15. If the testator had been declared dead by a court, the heirs to the judgment of the Foundation receives a death certificate and submitted to a sworn notary of inheritance commencement.
16. Submissions in which the heirs expressed their willingness to accept the inheritance, as well as submissions by which the heir refused the inheritance or renounce the form of testamentary dispositions, sworn notaries make a notarial act. The opening of the inheritance succession application (on the order of the last will of the Act on the promulgation of the reading;; for inviting the heir of heritage protection;), to certify the applicant's submission, the authenticity of the signature of the notarial act 113.114 and 115, in accordance with the procedure laid down in article.
17. If the inheritance shall commence on the basis of the pagastties, the family courts or the Consul (which had been released in store a will) the application for the will reading, sworn notaries to certify the filing order, making sure the will of the applicant authority and identity.
18. If a succession of applications certified to the competent foreign authorities or officials, adopt them and launch the inheritance if they are in accordance with national laws and regulations are identifiable as a public document.
19. If you need to make multiple submissions of succession, it combines in one instrument. The same Act does not combine submissions, if different than the basis under which the heirs asked to inherit.
20. the succession in the application specifies the testator's name, surname, personal code (if any), date of death and last place of residence, but if this is not known,-heritable property or the main part of the location. Testator's last place of residence with the authorities prove or other competent authority statement, but if sworn notary's connection to the population register database, the following statement is unnecessary and adds to the succession of the certified prints.
21. by law, Inherited testator and heir to the family or marriage in fact was submitted to vital statistics office issued documents – birth certificates or marriage certificate copy (the original show), but if the marriage was contracted at the cleric who has the appropriate management authorization, confession-she signed the marriage certificate copy (the original show).
22. If the provisions of the acts referred to in paragraph 21 is not available, the heir shall submit to the vital statistics office issued or certified extracts from the records of registration of births, deaths and marriages. At the request of the heirs of the civil registry, the authority may request a sworn notary.
23. Applications for approval of a succession law, a notarial act is added in article 312 of certain documents, but the application of the last will of the entry into force of Decree-Law Notaries 281 documents laid down in article. If the inheritable property stock and news on the successors listed a succession of separate application list could not be added. Documents in the inheritance has already been submitted by another heir, does not add to the case repeatedly.
24. If the heir to the inheritance of the lodging of an application a day can not add all the notarial law and article 281.312 in certain documents, but have sworn notary's death certificate, sworn notaries assumes a succession of applications, explaining that the heritage certificate will be issued after all required documents are submitted.
25. A sworn notary does not accept the inheritance application received by mail after 693. The Civil Code article, timescale of succession, if this deadline date of dispatch of the letter is finished and if this application is not assured that the heir to the legacy of his actual possession.
26. If a sworn notary succession submitted application is certified in accordance with the notarial act, article 254 and the requirements laid down in these rules, the intention is considered not to have occurred (section 699) and sworn notaries shall promptly notify the applicant of the need to submit a new certified application accordingly. If the application is received by mail, a sworn notary this notice sent by registered letter.
27. If the inheritable property real estate or chattel to be registered, a sworn notary shall issue a certificate of succession after ensuring that its membership of the testator and the succession added property rights supporting documents that certified copies of records.
28. If the inheritable real estate recorded in the land, a sworn notary to act in accordance with the law of the land in the third subparagraph of article 132 and before issue of a certificate of inheritance, make sure that the entry in the land register of the country-wide computerized the partition, as well as add to the succession of the certified prints on real estate.
29. For the assessment of real property deemed its cadastral value, and movable property be assessed certified assessors. If the real property assessment is not possible to obtain a certified appraiser's opinion, can bring relevant industry professionals. Sworn notaries are entitled to fix the vehicles and other movable property of the value to be recorded if they have officially approved the assessment catalog. If a vehicle manufactured more than 15, counting from the date of commencement of inheritance, its value can be determined for themselves the heirs.
30. If the inheritable property untracked personalty, property succession list drawn up by the heirs. Antiques and art objects, collections of objects and libraries evaluate the industry's professionals. Household items and housing equipment assessed themselves the heirs, if not in dispute between the heirs.
31. If you inherited the personalty and the sworn bailiff heritable effects is described and evaluated (notarial law and article 291.292), a separate assessment of property is not required.
32. Real property is not evaluated if cadastre value a certain year of the date of commencement of inheritance.
33. If there is a dispute about the authenticity of the last will of the order or the validity of, statutory or other order that the last will of the heirs who want to challenge the will, sworn notary public or statutory heritage announced the acceptance period shall be submitted to the notary of the Court a sworn statement of the claim. Following receipt of a sworn notary shall suspend proceedings in case you stuff to him is presented to lawful entry into force of the judgment of the Court of Justice. If such a statement is not filed, sworn notary by legacy acceptance deadline issued certificate of succession of the last will of the legal order in force.
34. If the heirs are among other disputes, which should be addressed in the legal complaint, sworn notary stays progress only if the suspension of proceedings in the inheritance is the judge's decision. This and the suspension of that rule set out in paragraph 33 case sworn notary in writing notify the heirs and other stakeholders.
V. the right of a surviving spouse of a Sworn notary attestation 35. accepts the application for surviving spouse, whether or not he as heir is logged to the spouse left a legacy.
36. the surviving spouse to distribute part of the property of the spouses ' common property or belongings togetherness is only possible in the case of succession. If the surviving spouse does not accept the succession, but other heirs is not logged on, a sworn notary launch inheritance based on the surviving spouse application for heritage atraidīšan, as well as, if necessary, by inviting the heir and tender.
37. If the announced deadline, not the heir sworn notary shall issue a certificate of the surviving spouse for the spouse's portion of the property, as well as the notarial act 306. in accordance with the procedure laid down in article of the inheritance case.
38. the surviving spouse application shall be accompanied by documents proving the facts referred to therein. The application shall be accompanied by a copy of the marriage certificate, attesting the filing order (showing its original), or the vital statistics office of marriage act issued a copy of the record or statement.
39. If the surviving spouse may be submitted to a sworn notary certificate of marriage because the registry, which committed the Act of marriage records, civil registry offices have not survived, the fact of the marriage, the Court found.
40. Sworn notaries for the surviving spouse received a submission in writing to the heirs of Heritage adopted and the application of the Act, a certified copy of the order of transfer proceedings personally or sent by registered mail to the notarial law and article 136.138.
41. Objections to the retention of part of property of the spouse of the heir shall submit in writing. If the heir does not submit objections, they shall be deemed to have agreed to the application for a surviving spouse. Feedback sent by registered letter or submit personally, arriving at the sworn notary, which is located in the inheritance proceedings.
42. Sworn notaries introduces the surviving spouse with the heirs of the objections received. The surviving spouse is evidenced by his signature on the heir to the comments submitted. If between the heirs is a minor child, feedback, surviving spouse, to the withdrawal of part of property of the family courts.
43. If the heir is a surviving spouse in opposition to part of the property distribution, sworn notary take steps to bring the views of the parties and reach an agreement. Sworn notary ascertain the heirs and the surviving spouse, as well as in writing invite all stakeholders to come to his practice, if necessary, in determining the time of arrival well. Sworn notary prepares proposals for closer views. If an agreement is reached, it will be drawn up in notarial deed.
44. If agreement is reached between the parties, sworn notary certificate for spouse's portion of the property shall not be issued, but the agreement concluded between the parties.
45. the certificate for spouse assets part of the notarial act issued 266. in the cases specified in article. Sworn notary explains the heirs a chance to challenge the certificate issued for legal stuff part of the legal action.
46. The licence for part of the property of the spouse shall be drawn up in the form of a notarial deed. Certificate or a copy of the agreements made in the filing order, add the succession.
47. the certificate for spouse inherit part of a sworn notary shall be issued only to the surviving spouse. If both spouses have died, due to his part in the kopmant heir spouses require a court order.
Vi. The last will of the reading of the order and entry into the final On the death of the testator 48 sworn notary may notify individuals or national regulatory authorities.
49. Sworn notaries who filed for reading order in the last will of the Act, that the testator's death and proceeded, the inheritance shall notify all known heirs and executors shall read. If you want to order the last act is passed the sworn notary in storage, but the inheritance books have jurisdiction to another sworn notary, he promulgated the will reading, without inheritance.
50. If a sworn notary's news about the last will of the order, certified at the notary's, another sworn State notarial Office, pagastties or family courts, he asks the officer concerned or the State archives.
the last will of the order 51.Uz of reading (with notification) invite all known heirs, including the persons who would be entitled to inherit by law, as well as witnesses who participated in the last order will act agendas. The public will attend the witness is required.
52. The day sworn notary opens and reads the last will, subject to the provisions of the order the notarial act, the provisions of article 272.
53. Sworn notaries reads last will and public order laws (laws, wills deposited wills, inheritance), and private wills. After the last will of the order Act read sworn notary invites the students to express objections and notifications.
54. the last will of the opening and reading of the order make of notarial acts in accordance with the notarial act provisions of article 273.
55. If the persons who participated in the last act of will, read the order expressed a representations, sworn notaries to act on the last record will be the opening and reading of these parties and evidenced by the signatures, but if the objection in writing, before the opening of the will and read it adds.
56. If the legislation of the last of the order will have participated in this reading the Act of dialing a witness, Act on the last will of the reading of the order includes the notarial act in accordance with the procedure laid down in article 139.5 given assurances that witnesses admit your captions on this Act. If the witness is unable to attend the reading of the measure in question, such assurances may make separately and add to the succession.
57. If the private estate witnesses have died, could not be reached or did not come to the reading of the will, a sworn notary Act on the last will of the reading of the Act the order indicates that the hearings will not be possible and heritage certificate will be issued after the authenticity of the will written in private will be demonstrated by other means (section 663).
58. If the holographic wills are filed (article 451 of the Civil Code) and the privileged will (section 462. Article), if it is real proof of the Court is required.
59. the notification of succession and the unveiling of the last term will be the persons referred to in the legislation that have not been present in the reading of the will, a sworn notary sends a registered letter with an extract from the book of notarial acts.
60. If the last will of order sworn notary reads that wills are stored, but succession has been started elsewhere or other district courts have jurisdiction in the territory for a practicing notary sworn, sworn notaries, who read the order of the last will of the Act, explains the persons referred to in acts that were present in the reading of the will, the timescale and the succession issue extracts from the books of notarial acts on the last will of the opening and reading of the order.
61. If with the last will of the order pēcmantiniek has been appointed, the legacy thing import only once and the will is read, and comes into lawful effect when approved for pirmmantiniek of the law of succession. Pirmmantiniek for accepting inheritance sworn notary also calls pēcmantiniek to express their will to accept the inheritance, by succession.
62. when the pēcmantiniek will want to accept the inheritance, sworn notaries at the Court, to be established under the auspices of the heritage.
63. the inheritance certificate, issued by pirmmantiniek, indicates the obligation to issue the heritage pēcmantiniek. If the inheritable property consists of real estate, the last order will act in certain pēcmantiniek rights with pirmmantiniek property rights strengthen the land registry.
64. the right to take over the heritage Pēcmantiniek of the pirmmantiniek of the death certificate, but if the will provides for other conditions of the transfer, the heritage – proof of those conditions.
65. If the inheritance includes real estate, sworn notary certify the request for shore land registry office records and delete transformation. On the property right securing the basis in this case serves pirmmantiniek certificate issued to a heritage of the last will of the order of entry into force of the Act, the land registry certificate with the specified aprobežojum and one of the rules set out in paragraph 64 of the document.
66. If the transfer of the inheritance is for a time period, the first heir died, has not yet joined, sort the inheritance of his legitimate heirs call, which oblige, after the deadline laid down in the will, the issue of a heritage pēcmantiniek.
67. If pēcmantiniek is the direct heir, sworn notary explains his right to require an integral part of succession immediately after the opening of the succession.
68. If pirmmantiniek is the direct heir, sworn notary explains his right to require an integral part of the heritage without the condition to pass on pēcmantiniek.
69. On the last will of the order of the original notarial law in the meaning of article 280 is considered such a sworn notary read the document: 69.1. extract from the book of acts of the will (in the case of a contract of inheritance);
EB 69.2. extract from the book of notarial acts;
UR69.3.uzr the setting knob on the agenda with a copy of the certified contract;
69.4. National notarial certified the original enforcement;
69.5. private original wills;
72.2. the State Archives (including the former Latvian sworn notary Council archive) certificate issued.
70. If the court orders the last will of a part of the legislation is found to be void, sworn notaries make of notarial acts on the last will of the order becomes final in the rest. The notarial act adds a copy of the judgment of the Court.
71. If the court orders the last will of the Act is held to be invalid, in full inheritance rights confirms the legal heirs.
72. Recognizing that the submission of the last will of the legal order in force is based, a sworn notary after the expiry of the testator, or specified in the law, the heritage the notary sworn acceptance deadline, make of notarial acts-certificate for last orders of the legitimate will of the force, as well as make the inscription on the last will of the order concerning the entry into the final, in whole or in part.
VII. protection of the heritage 73. Sworn notary application for heritage protection shall be taken from the person of the notarial law 289. article. It confirms the authenticity of the signature of the applicant.
74. If the inheritance has been initiated, the application for heritage protection assumes a sworn notary practising in the territory of the District Court, which is the testator's last residence, but if this is not known, where the succession property (real estate) or the main part. At the sworn notary practising in the territory of the District Court where the succession property (real estate) or its main part, turning even if the testator's last residence has been in Latvia.
75. If the inheritance is launched, with application for heritage protection turns to sworn notary, which records this thing is.
76. A sworn notary does not provide for heritage protection, if it is provided by the pagastties in accordance with the law "on the fosters and pagastties".
77. If the heir is not a minor parent, sworn notaries public calls to announce that family courts are the minor guardian, but if a guardian is not appointed to such calls.
78. the heritage protection if necessary, sworn notaries in writing invite sworn court bailiffs to take necessary actions for the protection, inheritance, selecting specific inheritable property protection feature.
VIII. The announcement on inheritance were 79. Sworn notaries shall heritage unveiling at the request of the interested parties or the civil code 659. in the cases provided for in article, on its own initiative. Wills and succession in the event of contractual as well as inherit the minor, notification is mandatory.
80. the request for notification shall be drawn up in accordance with the notarial law 253.254. Article 296, and requirements.
81. sworn notaries in the ad calls to apply any possible heirs and other interested parties, indicating the date of the invitation, in accordance with the notarial act 297. article.
82. If the date of receipt of the application to the statutory time limit for the receipt of inheritance (annual) end is less than three months, but promulgation is necessary or ask themselves the heirs of the heritage making deadline be notified.
83. The inheritance issue, if not unveiling the heir in the actual possession of the inheritance, the inheritance after the application of the civil code in article 693 the year or after the last will of the time limit laid down in the order of succession.
84. no direct heirs, creditors and legatār who want to sign up for your claims on the inheritance, shall submit a sworn notary application to the certifying the authenticity of the signature of the applicant.
85.Ar still not the heir application a sworn notary present or contractual heir wills and invited to agree on the withdrawal of part of the parcel. Such an agreement is concluded in the form of a notarial deed at a notary before the jury issued a certificate of succession, which is the last will of the order declared res judicata effect. The heritage certificate issued shall check that the agreement on the withdrawal of part of the parcel.
86. An integral part in accordance with the civil code eliminable 425 and 426. article. An integral part of the calculated in monetary terms, but also allowed agreement on certain things, including specific real estate or its fractions, not the direct heir.
87. If, in accordance with the agreement reached for the direct heir not an integral part of the cost in cash if he is dealt a certain commodity, will invalidate the appraisal. If an integral part is determined in a part of the whole heritage believed, will invalidate the appraisal.
88. If heirs agree, sworn notary explains the direct heir not his right to claim a portion of the property, due to travel to the Court of Justice.
89. If the inheritance the creditors claim, apply for sworn notary present heirs with them. The heirs to the signatures on the basis of the claims stating that they are familiar with.
90. A sworn notary does not check the validity of the claims of creditors and the heritage certificate.
91. Sworn notaries in writing to the vendor of the person who issued the certificate of succession, and that the heirs are acquainted with the basis of the claims, as well as explain the vendor's right to bring an action in court if the heirs do not recognize the claims.
IX. acceptance and Succession atraidīšan 92. The application for the adoption of the Inheritance Act making notarial form. Heritage adoption is not possible with the conditions, including can't take only part of the inheritance. If one heir agrees more heritage to different part of the inheritance, they can accept or reject individually.
93. If the heirs want to use stock law (section 709), sworn notaries of them accepts an application for the acceptance of the succession, indicating that they accept the succession with the inventory. The inventory can be used independent of the law of succession. Grant of the right of each contact livestock heir alone. If the inventory submitted one of the heirs, it will no longer be drawn up.
94. the inventory of national heritage to basic Notarial Act adopted in article 307 of the civil code and article 709 of the time limits laid down. If the heritage is vast and complex, or compile a list of equipment is difficult or delayed for objective reasons, inherit the invitee, submitted a sworn notary application, asking for the extension. Sworn notary verifies the identity of the person after the identity document for which the filing of the application in order to make the grade.
95.94. These rules referred to the results of examination of application a sworn notary shall notify the applicant in writing. The notification shall specify the period within which a sworn notary identified the inventory list, but refused an extension, the grounds for refusal. The grace period may not be longer than one year.
96. If the inventory was made, a sworn notary invites the sworn bailiff, but if heritage is located outside the city, the pagastties to draw up the inventory.
97. the Guardian, guardian and other heirs, including the Deputy the minor heir natural guardians – mother or father, can accept or reject the succession only with the consent of the family courts and with the right equipment. They are not in the notarial act 307 of the civil code and article 709 of the deadline laid down in article for the succession on the basis of national inventories.
98.97. These provisions in the case in point the guardian before a succession of heirs to the application a sworn notary acts in accordance with article 272 of the civil code and turns to the sworn bailiff or pagastties for compiling the inventory. That list shall be submitted to the family courts. If the inheritable property awareness requires a sworn notary's written request, sworn notaries shall send such notice of the relevant authority, indicating that the messages need to initiate the succession.
99. The application for inviting the heir to express their will on the adoption of a sworn notary succession takes from the notarial act set out in article 301 persons.
100. The application for inviting the heir to express their will on reception of the inheritance shall be drawn up according to the notarial act 302. article. For this application, but the applicant's signature authenticity.
101. If the heirs are known, sworn notaries sends them a notification by registered post.
102. If the heirs are not known to the applicant, or he is not sure that they are the only ones and the closest heir, sworn notaries, unveiling the heritage newspaper "journal" in accordance with the notarial act 297. article. Advertising also occurs when the heirs are known and are invited by a sworn notary's written statement, but they refused the succession or fail to arrive at the notary's own sworn treatment point.
103. At the invitation of the expiry of a sworn notary shall notify persons who wished to invite the heir or heirs have signed up.
104. If the heirs have been invited, but has not come to express their will and end calls or the deadline laid down in the law of inheritance, sworn notary shall issue a certificate of succession of heirs who have submitted an application to the heritage. Future disputes between heirs are addressed in court, travel heritage requirements.
105. If the heirs are known and invited by legatār or vendor requests in accordance with civil law 697. Article, but does not arrive within the time limit set to express their will, acknowledges that the heirs have adopted the succession. In this case, a sworn notary re-writing invites the heirs come to sworn notary. If the heirs to not arrive, a sworn notary shall notify in writing the person who asked for inviting the heir. The statement noted that under civil law, the provisions of article 697 heirs to the legacy of the, but not get a certificate of succession, so the further question is in court.
106. If the request for inviting the heir expressed both civil law 697 persons laid down in article (legatār and vendors) and the civil code in article 698 (invited persons to inherit), with priority given to civil law provisions of article 698. If the invitee does not inherit your will up to date, admits that he turned down the succession.
107. If, between the invited is a minor, his guardian silence cannot be considered heritage atraidīšan heritage atraidīšan, as also requires the consent of the family courts (article 295 of the Civil Code). If sworn notary is aware of the existence of the minor heir, he explained to the guardian in writing of their duties, but, if it does not comply with the guardian, sworn notaries for the family courts.
108. If the heirs have not responded to the advertisement and is not logged on or there are heritage, sworn'd rejected the notary shall terminate the inheritance law of the notarial procedure laid down in article 306.
109. Application for inviting the heir sworn notary adopted also by the civil code in article 693. term expires if the heir has adopted one of the actual possession of the testator's property. This fact indicates the succession of an heir in the application. The heir is warned about criminal penalties for making false declarations to a sworn notary.
110. The application for the abandonment of the form of testamentary dispositions or heritage atraidīšan in writing, submit a sworn notary, who led the inheritance. This application lets get in the form of a notarial deed. In this case, a sworn notary does not have to check the legal heir in kinship with the testator.
X. approval of legal heirs of inheritance law 111. approval of heritage law is required when: 111.1. place heritage protection;
111.2. done the invitation;
111.3. inherited immovable property or regulations established to register the chattel.
112. the fact of Kinship shall be submitted showing the birth and marriage certificate, certified copy of the record keeping procedures, presenting the originals, or the vital statistics office acts records the copies or extracts. If the heirs after marriage is a different surname, but the marriage is concluded and judgment of divorce divorce in maiden name not specified, submit to the vital statistics office of the Marriage Act, a copy or extract of the record of the original.
113. If the heir may be submitted to a sworn notary none of this provision in paragraph 112 of the documents listed in the civil registry authorities message is not retained, the fact of relationship found in court.
114. Recognizing the succession of reasonable application, sworn notaries make of notarial acts concerning the approval of the law of inheritance (inheritance certificate).
XI. Certificate of succession issue 115. After or legal heritage announced the closing date for the receipt of applications, if the inheritance is submitted all the notarial act 281. or 312 documents laid down in article, as well as documents about heritable property belonging to the testator and in case no notice of the court action brought about the last will of the order or decision of a judge in the dispute about the suspension of the proceedings in the case of succession, sworn notaries after a down day at the request of the heirs of the heritage certificate.
116. two types of Issued Certificates of inheritance, the right to inheritance by law and on the last will of the order entry into legal force. Not eligible for both types of licences in one act in a merger.
117. If the heir is a minor, the issued certificate of succession accompanied by the note "action with minors in permitted only with the consent of the family courts".
118. By issuing a certificate on the last will of the order entry into the final, everything that will be illegal, sworn notary public with the law or, if this is not possible, excluded from the estate (section of 785), about making a mark in the heritage certificate and specify under which legislation will be harmonized.
119. The inheritance certificate sworn notary deed in the form of making. A copy of the notarial act, demonstrating the filing order, iešuj heritage. Sworn notary shall issue one extract from the book of notarial acts for each heir, as well as the supplementary statement, how is real estate. On the issue of the statement of a sworn notary's remuneration does not take a position.
120. the issue of a certificate on the last will of the order entry into the final, it also indicates the degree of kinship with the testator and, if it is necessary for the calculation of the State fee, the inheritance that the heirs lived together with the testator, if it is a fact supporting documents.
121. If heirs or their governors not personally attend upon certificates of inheritance, they indicate in writing to the address to which sworn notary registered post sends the certificate. Duty and sworn notaries remuneration is collected before the certificates of inheritance solely to the Act of using non-cash settlement.
122. If the legal heirs cannot or do not wish to receive a joint certificate of succession rights to inheritance by law, they shall inform in writing sworn notary. In this case, the certificate shall make each heir to the individual due to their heritage. The amount of State fees to be charged and sworn notary's remuneration proportionally distributed heritage supposedly parts. The first licence shall check that the remaining heritage believed parts of the licence have not yet been issued, but on future licences-tag when given a certificate of succession to other heritage supposedly parts.
123. If heirs cannot or does not want to appear jointly after certificates of inheritance on the last will of the entry into force of the order, they shall inform in writing sworn notary. In this case, the notary shall issue a certificate sworn that last order will invalidate the appraisal. The last act of the original order of the will with the marks on the notary sworn into force part stores in succession until the last card is issued, but the certificates are added to the copy of this legislation.
the last will of the order 124.Uz of the original is sworn notary certificate of inscription on it when this Act has become final, in whole or in part. It adds on the last will of the entry into force of the order. In preparing extracts from the books of notarial acts, statements for placard is behind the notarial act of the will. Adds the inheritance the notary certified copy of the records.
125. If necessary to complement the heritage certificate issued, sworn notary in the form of a notarial deed to make additions to the heritage certificate, in which reference is made to an already issued certificate of succession.
XII. The heritage Division 126. Heritage Division occurs after inheritance certificate issued.
127. The heritage Division can also occur if all legal heirs, inheritance, but have not been adopted the required approval of the law of succession (this rule 111) and between heirs is not disputed inheritance.
128. If the Division of the inheritance requires the assignee, trustee or custodian, sworn notary heritage project the distribution shall be made after receiving the permission of the family courts the heritage Division (724 of the civil code, the second part of the article). The authorization of the family courts on the heritage Division adds to the succession.
129. the heritage Division of sworn notaries Notary laws make.
130. If the inheritance distribution Court, sworn notary on behalf of the judges make up the Division of property of the project. Project based Heritage distribution arrangements.
131. Draw up a heritage project, the distribution sworn notary invite all līdzmantiniek and take steps to bring the views of the parties and reach an agreement. If necessary, a sworn notary invites the sworn bailiff dial stuff and ask for a description of the expert assessment of the property.
132. If the heirs have not disputed the inheritance, succession rating of property assessment is required.
XIII. the commencement of the inheritance and the consultation arrangements, where the testator died until 2002 December 31 133. If the testator died until 2002 December 31, launching a succession of sworn notaries will send a written request to the district (municipal) Court at the domicile of the deceased with a request to provide the news, or the inheritance has been initiated that court records. If the testator died to august 31, 1992, the following request is sent as a court, the national archives, to find out if such a thing had not been started in the Court or the State notarial Office.
134. If the inheritance is discovered until 2002 December 31, and the case is in district (municipal) Court records, sworn notary not inheritance and heir explains the need to go to court, but if the succession is already started, sends it to the Court.
135. If a legacy is found up to august 31, 1992, and the heirs to the legacy of the application shall be submitted to the national Office of the notarial, but have not received the certificate on the right of inheritance by law or probate, sworn notary accepts submissions of the heirs for filing the renewal of heritage. The application confirms the authenticity of the signature of the applicant.
136. by the rule laid down in paragraph 135 of the application, making a sworn notary shall send a written request to the district (municipal) Court at the domicile of the deceased as to whether this case is launched in district (City) Court. After receipt of a written confirmation of the succession is not in court records, sworn notary make a request in writing from the State Archives a copy of the inheritance.
137. In the event of succession by will, who is from the archive in the inheritance you receive, this will not be read. Sworn notary after all the missing document added to make the inheritance on the last will of the entry into force of the order, adding a extract from the archive the succession – a copy of the will, which made a mark on the last will of the entry into force of the order.
138. the Legal heirs sworn notary shall issue a certificate of succession for approval by law of inheritance law.
139. If a legacy revealed prior to 1 September 1992, the heritage the legal relationship shall consult, in accordance with the law "on the Civil Code of the Republic of Latvia restored input, inheritance law and case law, the entry into force of part and order".
XIV. Closing issue 140.135.136. point and is valid until 31 dec 2008 by br.
Prime Minister a. Halloween Justice Minister s. Āboltiņ Note: the wording of the entry into force of the provisions by 31 December 2005.
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