Property matters are very complex and being a next-of-kin, you need to be aware of it. Often, the legal issues pertaining to property can feel extremely complex. For instance, many people do not know what to do when they are the next of kin to a property. This guide is for to help you navigate through the process. According to US law, a person’s next of kin is their closest living blood relative. This includes spouses and adopted family members. The designation as next of kin is important in the context of intestate succession. As, a decedent’s next of kin is a preference in receiving an inheritance from the decedent’s estate. A person’s next-of-kin must also be willing to notify family members of the person’s death, as statues say
Get a Death Certificate of the deceased person from General Council. This is a legal document, confirming the death of the individual and thus, is the first step in declaring the need to starting all legal processes regarding inheritance.
The Civil Court with whom the case is being discussed then puts out a Suit for Declaration of Rights which is essentially a newspaper advertisement declaring the death of the particular individual. This newspaper advertisement along with a general declaration of death, declares all the assets of the deceased and the names of the legal heirs who are next in line to inherit property.
Courts issue a Succession Certificate to the legal heirs for movable property such as car, money in the bank account, jewelry etc. For immovable Property Civil Court issues Letters of Administration . And we don’t need a Succession Certificate.
- After a certain period of time the court then calls on the legal heirs, along with two witnesses (not amongst the heirs) to testify the legal heirs as solely the only heirs to inherit property (immovable and movable).
- The Court then finds a Surety for the agreement who agrees to compensate any other legal heir who might approach the court.
- After all legal obligations are complete, there is a division of assets according to the law.
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