The starting point for determining the division of an estate is identifying the shares due to the heirs. To proceed with the division of the assets, the potential heirs must first accept the inheritance and then move forward with the allocation of shares.
To form the shares, in the absence of a will or in the event of a contested will, the mass of assets belonging to the deceased at the time of death is established. Debts are deducted so that only the remaining assets (relictum) are considered. Additionally, assets previously disposed of through donations are fictitiously reunited, based on their value at the time of succession.
The sum of the assets and donations forms the estate, on which the available share and the legitimate share are calculated. In this way, all legitimate heirs receive the portion to which they are entitled.
For example, in the case of an apartment and multiple heirs, one of the heirs may acquire the entire property and compensate the others for their shares. Alternatively, the asset may be put up for sale. In both cases, if the heirs cannot reach an agreement, expert appraisers or real estate agencies are consulted to determine the value of the property. The process then proceeds with the sale and the distribution of the shares.
Heirs often overestimate the value of the assets included in the estate. For example, the family home filled with sentimental memories may have a market value equivalent to the price of a garage in the center of a metropolitan city. Similarly, furniture, paintings, and jewelry, when appraised by experts, can reveal unpleasant surprises, such as being inauthentic. It is advisable for co-heirs to pursue an amicable division through their legal representatives. A judicial division, on the other hand, can be time-consuming, and the assets may incur maintenance costs and lose their economic value over time.
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