The Rules On Inheritance And The Inheritance Of The Register Books

Original Language Title: Noteikumi par mantojuma reģistra un mantojuma lietu vešanu

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Cabinet of Ministers Regulations No. 618 in Riga august 4 2008 (pr. Nr. 55.9 §) 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. Heritage registry led by electronic means. 3. Heritage Register, using the computer program, to ensure that the legacy case number and date appear automatically in the registry and not repairable. 4. the register shall be divided into the succession boxes, and they contain the following information: 4.1. registration number;
4.2. entry of the year, day, month, hour and minute;
4.3. the testator's name. If the testator is a citizen of another country, indicate the name and surname spellings, latīņalfabētisk oriģinālform in transliteration;
4.4. the testator's personal code (if not, year of birth, day, month);
4.5. the testator's death, the year, month, day;
4.6. the jury of the notary's name, surname and the address of the place of practice, which is located in the inheritance proceedings;
4.7. the promulgation of the opening of succession, including the full text of the announcement;
4.8 notes. 5. This provision 4.3, 4.4 and 4.5 points in the bottom of the heritage register entry terms according to death certificates issued abroad or document confirming the fact of death registration. If these documents do not contain any of the provisions referred to in point 4.4 of the record in accordance with the civil registry authorities issued a statement or copy of a certificate from the register of births, deaths and marriages records, or in accordance with the State historical archive of the issued certificate attesting the fact of relationship. 6. Sworn notaries launches heritage and legacy records in the register that rule the information referred to in paragraph 4, after the succession of the submissions received and completed 18 of these regulations. 7. If the discovery of the heritage announced in a newspaper "journal", Latvian sworn notary Council not later than the working day following the publication of these rules provides 4.7 referred to the bottom of the box with newspaper supplement where the issue number, year, month, and day. 8. The need to correct or withdraw a sworn notary records the current record of the succession of the inheritance register sworn notary electronically notify the Latvian Council of sworn notary Council. The notification shall specify the reasons for the correction or cancellation. 9. not later than the working day following the point 8 of these rules of receipt of the information referred to in the Latvian sworn notary Council Heritage Register, make the necessary corrections or notes about the case and the rules of withdrawal of 4.8 points in the bottom of the box and the edit or the reasons for the cancellation. 10. The Ministry of Justice sent to the Latvian Council of sworn notary Council Minister of Justice order for referral to another sworn notary, if sworn notary, which is located in the inheritance proceedings is released, cancelled or disqualified from the post moved to practice on the territory of another district or is dead. Latvian sworn notary Council, under the order of the question mark in the heritage register. 11. A sworn notary heritage heritage register is added to the output. III. Filing procedure 12. inheritance succession in chronological order accompanied by all the documents relating to it, including: 12.1. heritage a copy of the certificate and a copy of the certificate of the spouse's portion of the property that is confirm the filing procedure;
12.2. The notarial act 312. and article 281. original documents (except the death certificate, birth certificate, marriage certificate), or a certified copy of a notary or filing;
12.3. the list in the course of proceedings and documents relating to the property of the surviving spouse of the certification of the part. 13. Documents filing order declares, in accordance with the laws and regulations that determine how you design, develop and document (original and its derivative), to obtain legal effect, as well as the requirements of the regulatory document development and production. 14. A sworn notary written notification to the heirs or other stakeholders served personally or sent by registered mail. 15. The heirs or other persons concerned with the signature on the document certifying that a sworn notary with the inheritance material introduced them onsite. 16. 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 caurauklot and archiving date, and sworn notary certifies with his/her signature and seal. 17. The inheritance kept in alphabetical order. IV. the commencement of the inheritance and succession submissions 18. To launch the inheritance, sworn notary at inheritance due receipt of the application the testator's death and that this heritage has not started another sworn notaries and it is not registered in the registry, as well as the heritage of these provisions in paragraphs 113 and 114 cases provided, whether the case has been pending in court or the State notarial Office. 19. Succession application shall be drawn up in accordance with the notarial act. 20. Several submissions of succession can be combined in one. 21. the application for approval of a heritage law Notarial Act, added in article 312 of certain documents, but the application for the order of the last will of the entry into force of the Act, the notarial act specified in article 281. 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. 22. If the heir to the inheritance in the date of commencement of inheritance application can not add all the notarial law and article 281.312 in certain documents, but have sworn notary's death certificate and details of the testator's last residence, sworn notaries begins by explaining the inheritance heir that Rule 102.103. conditions and point. 23. If a sworn notary succession submitted application is certified in accordance with the notarial act 254. the requirements set out in article, not a succession of things. If such an application is received by mail, sworn notaries in writing explaining the need for the applicant to submit a new, duly authenticated in succession. V. the testator's death, last residence and affinity with the formal heir 24. the death of the testator's death certificate or certified abroad issued a document confirming the fact of death registration. 25. the heirs of the testator and the affinity of the fact the civil registry authorities issued a birth certificate. 26. the testator and the surviving spouse, the fact of the marriage registry office, or by the clergy was issued a marriage license. 27. If this rule 24, 25 and 26 of those documents are not available, the inheritance shall be accompanied by the civil registry authorities issued transcripts, statements or statements from the registry of births, deaths and marriages records or State historical archive of facts supporting kinship issued statements. At the request of the interested parties can request this information sworn notary. 28. Family relations or marriage registration in fact also the entry into force of the judgment of the Court finding of this fact in the law of civil procedure. 29. the testator's place of residence shall certify the national or local authorities or from the information in the registry database, the population on which the notary stated by the year, month, and day that the print was made. Vi. Inheritable property and its assessment 30. added to the inheritance of heirs filed a heritable property list and valuations made after the opening of the succession. Heritable property value indicates the currency of Latvia. 31. If the inheritable property real estate, accompanied the succession the State land service of the certificate of ownership issued by the cadastral value, and the value of the stand. 32. The Corporation's capital stock, the shares or other ownership interest, as well as the value of securities is their nominal value. Cash value is the nominal value of the Latvian National currency in accordance with the exchange rate set by the Bank. 33. If the inheritable property is made up of individual merchant company, sole proprietorship, or a fisherman's farmstead, the company evaluates the certified assessors and assessment adds to the succession. 34. If the inheritable property is composed of a chattel to be recorded, it evaluates the certified appraiser or industry concerned and the rating is added to the succession. 35. If the heir does not satisfy the assessment carried out in accordance with the rules of 31, 32, 33 and 34, the succession of an heir may also be a certain inheritable property assessment. About heritable property value inheritance is considered the highest rating. 36. If the inheritable property untracked chattel, it evaluates the heir or a certified appraiser, or a specialist in the sector concerned and the assessment adds to the succession. About heritable property value inheritance is considered the highest assessment. 37. If the inheritable property, a sworn bailiff or family courts of creating inventories or when a heritable property protection (notarial law and article 291.292), on heritable property value considers the assessment. 38. If the inheritable real estate recorded in the land, a sworn notary certificates of inheritance on the date of issue of the entry of the country-wide computerised land register of the relevant compartment and add the the succession of prints on real estate. VII. the surviving spouse the right certification 39. Sworn notary application for surviving spouse part extraction (notarial law 260) takes only from the surviving spouse. 40. The rules referred to in paragraph 39 of the sworn notary application to adopt, whether or not the surviving spouse as the heir is a spouse left logged on heritage. 41. a surviving spouse to distribute part of the property of the spouses ' common property or belongings togetherness is only possible in the case of succession. 42. A surviving spouse in the application shall be accompanied by documents proving the facts referred to in the application. The application shall be accompanied by documents proving the composition and succession arrangements, matrimonial property regimes and the property includes the community of property of the spouses, or is the property of the spouses: 42.1. the composition and succession procedures prove with documents proving property rights (for example, land book certificate of transaction documents, institutional inquiries);
26.2. the matrimonial property regime proves with the matrimonial property register certificate (attest to whether spouses have been defined in the matrimonial property regime);
26.3. the fact that the assets include matrimonial property venture and not the individual's surviving spouse, prove with documents on the basis of which the modified entries in the register of matrimonial property;
26.3. the fact that the property is property of the spouses, proved by documents showing that the spouses property acquired jointly during the marriage or on both the total, or with the other spouse's activities. 43. A sworn notary surviving spouse application accepts, even if the surviving spouse at the date of the application, you can not add this provision referred to in paragraph 42 of the document. If the documents are not submitted until the notarial act and in accordance with the procedure laid down in these provisions are issued a certificate of succession, sworn Notaries Notary Law 39. in accordance with the procedure laid down in article is denied a licence on the part of property of the spouses or to include certain things. 44. Sworn notaries for the surviving spouse received a submission in writing notify the Heritage adopted the heirs. If the heirs come sworn notary's Office, notary personally sworn statement not sending and heirs to receive the application remotely. 45. If the heirs of succession adopted is opposed to the withdrawal of part of property of the spouse, the opposition submitted a sworn notary in writing. If Heritage adopted heirs of objections submitted, they shall be deemed to have agreed to the application for a surviving spouse. 46. If the heirs of succession adopted is opposed to the surviving spouse, the removal of part of property sworn notary take steps to bring the views of the parties. Sworn notary ascertain Heritage adopted the heirs and the surviving spouse, as well as writing to invite that person to come to his practice and making suggestions opinions closer together. If an agreement is reached, it shall draw up notarial acts. 47. It is not permissible in agreement on such surviving spouse inherit part of the fixing, which differs from the inheritance of the documents submitted. 48. Certificate for spouse assets part of the issue in accordance with the procedure laid down in the law on Notaries, including cases where the agreement has been reached between the parties. If the heirs the inheritance is not logged on when sworn notary shall issue a certificate of the surviving spouse for the spouse's portion of the property and inheritance law Notaries 306. in accordance with the procedure laid down in article. VIII. The last will of the reading of the law and order into the final 49. Sworn notaries who filed for reading order in the last will of the Act, that the testator's death and begin the succession. On the opening of the inheritance sworn notary shall notify in writing all submissions in a succession of heirs and issued the order for the last act of will-reading day. 50. If the legislation of the last will of the order has been released to the notary certified storage, but the inheritance books have jurisdiction to another sworn notary, certified notary, which passed in trust last will order, issued its reading, without inheritance. 51. If a sworn notary's news about the last will be the instrument which purported to sworn notary, other State notarial Office, family courts (pagastties) or consular authority, even practising notary request their respective Executive or from the State archives. 52. the last will be the reading of the Act shall invite all the last will of the Act and the order of succession in the application specified heirs, persons who have the right to inherit by law, legatār, heritage, executor of the protector, as well as witnesses who participated in the recent signing of the Act of the will. The public will attend the witness is required. 53. The day sworn notary, notarial act pursuant to the provisions of article 272, opens and reads the last will of the order. 54. the last act of the original order of the will shall be deemed such a sworn notary read the document: 54.1. extract from the book of acts of the will;
54.2. extract from the book of notarial acts;
54.3. notary, family courts (pagastties) or consular authority released the original wills in trust;
54.4. uzrādījum order a certified copy of the contract of inheritance or notarial copy of uzrādījum issued the agenda showing inheritance contract that is kept in the notary archives;
54.5. National notarial certified the original enforcement;
54.6. private original wills;
54.7. State Archives (including the former Latvian sworn notary Council archive) issued a copy of the document. 55. Sworn notaries reads last will and public order laws (wills, inheritance), and private wills. After the last will of the order Act read sworn notary invites the students to express objections and notifications. 56. On the last will of the order of opening and reading make of notarial acts in accordance with the notarial act provisions of article 273. 57. If the persons who participated in the last act of will, read the order expressed a representations, sworn notary deed of record in opposition to the Act on the last will of the order of opening and reading, but if written objections are received, it is added to the Act. Act on the last will of the order Act reading sworn notary indicates that the last will of the entire order is illegal. 58. If the legislation of the last will of the order have participated in reading the last will of the signing of the Act of the order, the witness referred to in paragraph 56 in the notarial act includes the notarial act in accordance with the procedure laid down in article 139.5 given assurances that witnesses admit your captions on this legislation that they will at the time of the judgment was able to testify at the signing of the will were present at the same time, voluntarily and at the signing of the will the testator knew about or knew the testator personally (of the civil code and article 447.448). Such assurances may make separately and add to the succession. 59. If the private estate witnesses have died, could not be reached and is not submitted to any other means proving the authenticity of the will in writing private, sworn Notaries Notary Law article 39 in the third paragraph in the order refusing certificates of inheritance. The above denial sworn notary shall issue in cases where witnesses said from a will follows that at the signing of the will of the civil code are not fulfilled and article 447.448. 60. If the holographic wills are filed (article 451 of the Civil Code) and the privileged will (section 462), the authenticity of the evidence in court is required. 61. If the court orders the last will of a part of the legislation is found to be void, sworn Notaries Act Notaries Act pursuant to the provisions of article 286. If the court orders the last will of the Act is held to be invalid, in full inheritance rights confirms the legal heirs, but, if not logged in, sworn Notaries Act Notaries Act 306. in accordance with the procedure laid down in article. The succession adds a copy of the Court judgment. 62. the last will of the order Act, under which the waiver is granted, recognized as valid under the provisions of Chapter VIII. 63. If the last will of the order Act waiver granted directly and is picked from the heritage before the separation of part of the heirs, the legatār shall submit the application in the order of succession, a civil law notarial law and in these rules and the contractual wills for heirs. 64. If the last will of the order to execute a waiver upon executing the waiver, or Wills, succession to the heirs of the legatār application is not necessary. If necessary, you can sign up for a legatār your claims in paragraph 79 of these rules. IX. The last will of the order with which the appointed a 65 pēcmantiniek. If you want to order the last act of pēcmantiniek has been appointed to the order of the last will of the Act be read once and it 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. 66. If the last will of the order appointed pēcmantiniek is not definitely abandoned the form of testamentary dispositions, sworn notaries will turn to the courts to get guardianship to the succession. 67. 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. 68. 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. 69. If pēcmantiniek is not the heir, still sworn notary explains his right to require an integral part of succession immediately after the opening of the succession. 70. If pirmmantiniek is not the heir, still sworn notary explains his right to require an integral part of the heritage without the condition to pass on pēcmantiniek. X. the detention and custody of succession 71. Sworn notary application for heritage protection shall be taken from the person of the notarial law 289. article. The said application shall certify the notarial act in article 254. Section 659 cases listed in article sworn notary of inheritance of detention shall, on its own initiative. 72. A sworn notary of inheritance shall not be detained, if detention under the family courts act has provided a family courts. 73. Sworn notaries in writing invite sworn bailiff or family courts to take the necessary action for the protection of the heritage, indicating which of the notarial act, referred to in article 292 heritable property protection features, as well as applicable under the civil law to the requirements of article 660. sends the notification to the Court on the need to establish custody of heritage. XI. the announcement on inheritance unveiling 74. Sworn notary shall issue, in accordance with the unveiling of succession law demands Notaries. If the detention or the heritage heritage is adopted on the basis of the stock rights, promulgation is mandatory. 75. The rules referred to in paragraph 74 sworn notary 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. 76. If the inheritance on the date of receipt of the application to the legal heritage of acceptance deadline is less than three months, but promulgation is necessary or ask themselves the heirs of the heritage making deadline be notified. 77. For the opening of the succession and the contents of the advertisement sworn notary shall notify him in writing to known interested parties (the notarial act 645). 78. If the heir in the actual possession of the inheritance, probate filings submitted by the civil code in article 693. end of the year or after the last act of the will by the end of the statutory period for acceptance of the succession, the notary of inheritance at the discretion of not announcing the unveiling. XII. procedure for the submission of the claims 79. direct heirs, Not legatār, and vendors who want to sign up for your claims on the inheritance, shall be submitted to the respective notary sworn written submission. For an operation of the heir and legatār application the applicant certified notary certified signature authenticity. 80. With no direct heir to the application a sworn notary present or contractual heir wills and invited to agree on the withdrawal of part of the parcel. 81. An integral part in accordance with the civil code eliminable 425 and 426. provisions of article. An integral part of the calculated in monetary terms, but also allowed agreement on certain things, including specific real estate or real estate likely not part of the direct heir. An integral part of the withdrawal does not affect the order of the last will of the Act say part of the heritage. 82. an integral part of the agreement the withdrawal of part of the oath after the notary accepted the last will of the order for the appraisal of the legislation. 83. If heirs agree, sworn notary explains the direct heirs not their right to require an integral part due to travel requirements, and issued them in a court filing in the order a certified copy of the certificate of inheritance. 84. Sworn notaries introduces the heirs with the inheritance of the basis of the claims of creditors and legatār. 85. A sworn notary this provision referred to in paragraph 84 of the merits of the claims does not check and certificate of succession does not specify them. 86. Sworn notaries to those creditors and legatār, which submitted a petition and referred to in the Act, with the order of the last will of the Act was declared res judicata effect, issued by filing order certified copies of the certificate of inheritance. XIII. adoption and inheritance of atraidīšan 87. If the heir to the inheritance in the submissions indicated that the actual possession of the inheritance accepted, sworn notary succession adopted after the application of the Civil Code article 693. legal deadline. 88. If the heirs to the legacy of the stock rights shall be adopted on the basis of the application for acceptance of the inheritance. Assign rights to each heir of equipment requests separately. If the inventory submitted one of the heirs, it will no longer be drawn up. 89. If the heir before expressing the will of inheritance acceptance wants to get acquainted with the heritage, heritage launched, on the basis of the application for notification of the heirs, or to some other article 251 of the notarial act of succession mentioned in the application. The application includes a request for sworn notary asks the bailiff or the family courts to draw up the inventory. 90. Acknowledging the heritage of atraidīšan, sworn notary does not have to check the legal heir in kinship with the testator. 91. If sworn notary received a surviving spouse application or the application in which the inheritance specified details of minor or dependent of an heir, a sworn notary of inheritance were notified in writing by the family courts. XIV. inviting the heir 92. 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. The application shall contain the information specified in the notarial act 302. article. 93. A sworn notary shall issue, in accordance with the unveiling of succession the notarial act, and article 297.300. 94. If the application for inviting the heir has indicated the heirs and their place of residence, sworn notaries sends a written invitation to the heirs. 95. After the adoption of the heritage announced the end of the term sworn notary persons liked inviting the heir, State whether the heirs have signed up. 96. If the heirs are known and invited (by sworn notary public written notice) in accordance with article 697 of the civil code, but the deadline will not be expressed, sworn notary shall notify in writing the person who asked for inviting the heir. 97. If the heirs are known and invited (by sworn notary public written notice) in accordance with article 698 of the civil code, but the deadline will not be expressed, it is considered that they'd rejected the succession. 98. If an application for inviting the heir submitted both civil law 697 persons laid down in article and Section in article 698 of the people but inherit the invitee fixed period your will does not believe that legacy is rejected. XV. The legal heirs of inheritance law in the approval of 99. Sworn notaries confirms the right of succession, the heir if: 99.1. place heritage protection;
99.2. done the invitation;
99.3. is inherited immovable property or regulations established to register the chattel;
99.4. heir prayed to confirm her inheritance law also in other cases, including in cases where it has been determined the property belonging to the testator. XVI. Certificate of succession issue 100. adoption of the expiration of the sworn notary after down day at the request of the heirs, when heritage certificate will be issued. Certificate of succession shall be issued not earlier than seven working days after acceptance of the inheritance. 101. If the inheritance is the last notice of the Court will order the draft legislation, a sworn notary certificate of succession issue date is determined after he submitted the entry into force of the judgment of the Court of Justice. Other disputes between heirs, which launched the legal action in order, certificates of inheritance do not stop. 102. If one of the heirs requesting certificates of inheritance, heritage Law confirmed that the heir to the deadlines, in order to adopt the euro will have his legacy and inheritance law. Heirs who have not proven their heritage rights, inheritance law is not approved and is not taken into account in determining the inheritance share. 103. where the civil law, and in accordance with the procedure laid down in these provisions is proven the authenticity of a private estate, inheritance law, approve the heirs that proved their right to inherit by law or by order of the last will of the other Act. 104. By issuing a certificate for the order of the last will of the entry into force of the Act, the lawful sworn notary everything that will be illegal, into line with the relevant laws or, if this is not possible, excluded from the estate (section of 785) and made their mark on the heritage certificate, indicating under which legislation will be harmonized. 105. If the heirs cannot or does not want to appear jointly after certificates of inheritance on the last will of the order of entry into force of the Act, they shall inform the Council of sworn notaries. In such case, the notary shall issue a certificate sworn that last order law 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 on the order of the last will of the Act annulment in part but which have entered all previously issued certificates on the last will of the order of annulment in part of the appraisal is added to the last will of a copy of the order. 106. If you need to add to the heritage certificate issued sworn notary in the form of a notarial deed to make additions to the heritage certificates. 107. Sworn notary certificate of succession issued certifying the inheritance rights of the heirs, but not evidence of property belonging to the testator. XVII. The heritage Division heritage Division 108. takes place after the issuance of the certificate of inheritance. 109. The heritage Division can occur even when the legal heirs of the heritage, but have not been adopted the required approval of the law of succession (this rule 99) and between heirs is the law of succession. 110. If a legacy distribution Court, sworn notary on behalf of the judges make up the Division of property of the project. Project based Heritage distribution arrangements. 111. the distribution of projects, the heritage sworn notary invite all līdzmantiniek and take steps to bring the views of the parties and reach an agreement. 112. If the inheritance between heirs about the ratings dispute not, heritable property evaluation is required. XVII. initiation of the inheritance and the consultation arrangements, where the testator died until 2002 December 31 113. If the testator died until 2002 December 31, sworn before a notary of inheritance commencement 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. 114. If the testator died to august 31, 1992, a sworn notary before the commencement of inheritance rules in addition to those referred to in paragraph 113 demand send a written request to the national archives, to find out whether the inheritance has not been the State notarial Office. 115. If heritage is revealed 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. 116. If the inheritance is found up to august 31, 1992, and the heirs of succession have adopted, submitting the application the notarial Office of the country, 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 in the inheritance and make a request in writing from the State Archives a copy of the inheritance. 117. In the case 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. 118. the complete records from the archive received the inheritance, the legitimate heir sworn notary certificate of succession shall be issued for approval by law of inheritance law. 119. If the legacy revealed before September 1, 1992, led to the succession in accordance with the law "on the restored Republic of Latvia in 1937 of the civil code introductory law, inheritance law and the entry into force of part and order". XIX. The final issue 120. paragraph 115 of these provisions will remain valid until 31 December 2008. The Prime Minister's site-traffic Minister a. shlesers in place of the Minister of Justice, Minister of Economic Affairs k. Gerhard

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