Probate and Inheritance

 

To determine the distribution of a person’s inheritance after their death,the heirs must first be identified.

The process of verifying and legally recognizing the heirs, conducted by a competent legal authority in accordance with the relevant legal procedures, is called probate (Inhesar-e Varasat). The decision or certificate issued at the end of this process is known as the Probate Certificate or Certificate of Inheritance.

Who Can Request the Issuance of a Probate Certificate?

To answer the question of who has the right to initiate the probate process, it is essential to also explain the interested parties involved in inheritance.

The interested parties in probate are divided into several categories:

1. Creditor of the Deceased
– A creditor can apply for the probate certificate after proving the debt owed by the deceased to claim their dues.

2. Executor
– An executor is a person appointed in the will by the deceased to manage a portion of the estate.

3. Beneficiary
– A beneficiary is someone mentioned in the will who benefits from the probate process, receiving part of the estate as specified by the deceased.

4. Third Party Benefiting from an Heir’s Inheritance
– This refers to individuals who benefit if another person is confirmed as an heir.
– (For example, someone who has purchased a share of the deceased’s estate from the heirs can benefit from the probate process.)

Documents Required for Requesting a Probate Certificate

– Written request for probate, including the full name, personal details, and residence of the applicant.

– Death certificateof the deceased, issued by theCivil Registry Office.

– Copies of the birth certificates (Shenasnameh) of the heirs.

– Copy of the marriage certificate of the deceased’s permanent spouse.

– Affidavit form confirming that the named individuals are the only legal heirs.

Certificate of submission of the inheritance tax declaration to the Economic Affairs and Finance Department of the deceased’s last place of residence.

Loading...