The loss of a loved one is most often associated with a huge amount of negative emotions, but also legal consequences. People who have just experienced the death of a loved one often have many questions. One such question may be – how to determine what is actually in the inheritance? It should also be remembered that the inheritance may turn out to be not only assets, but also liabilities.
The inventory will allow you to determine the components of the estate. The application for the inventory is submitted to the bailiff or to the court. Submitting an application for the inventory to the court is a more time-consuming process than directly submitting an application for the preparation of the inventory to the bailiff. It is also worth adding that the preparation of the inventory is important from the point of view of securing the inheritance and its division.
Pursuant to art. Article 637 §1 of the Code of Civil Procedure, an application for an inventory may be filed by anyone who can prove that they are an heir, entitled to compulsory share or a legatee or executor of a will, a temporary representative or a creditor who has written proof of a debt against the testator. The application for an inventory itself may be filed before the inheritance proceedings, during or after the rights to the inheritance have been established. Such an application should be filed pursuant to Article 637 §1 of the Code of Civil Procedure, should be filed with the inheritance court or, in accordance with Article 637¹ of the Code of Civil Procedure, with the bailiff who would be competent to execute the decision of the inheritance court to draw up an inventory. The bailiff shall immediately draw up an inventory and notify the inheritance court, which shall issue a decision on drawing up an inventory. Even if the court were to reject, dismiss or discontinue the proceedings, the inventory has the same effects as submitting an inventory list. In this way, it is possible to find out what is actually included in the inheritance, and with this knowledge it will be easier to make a decision on accepting or rejecting the inheritance.