In terms of law, the death of an individual will have significant effects. One of the most essential effects of people’s death is that their properties are transferred to their heirs. In the meantime, sometimes the deceased makes a will, which must be followed. After paying the deceased’s debts, the remaining property, according to the inheritance regulations mentioned in Iran’s Civil Code, among the heirs will be divided.
In this regard, Karimi & Associates Law Firm, with its experienced team of lawyers, provides specialized legal advice and support for your interests in inheritance law. If you are involved in this process, you can contact us and enjoy our top-tier legal services.
Dividing the inheritance among the heirs of the deceased should be done according to the rules of inheritance mentioned in the Iranian Civil Code, and basically, all the heirs of the deceased do not inherit from them.
For this reason, when it is decided to divide the inheritance among the heirs, only the people mentioned in the classes and degrees of inheritance, based on their priority and according to “the rule of being closer to the deceased,” can benefit from the heritage. This means that if there are heirs in the nearest class, the heirs of the following classes are deprived of inheritance.
When someone passes away, if they have a will, it will be executed first before the inheritance is distributed. However, it’s important to note that according to the laws and regulations in Iran, transferring the heritage through a will exceeding one-third is not legally valid.
This means the deceased can only leave behind up to one-third of their property and assets to beneficiaries by a will. If the inheritance mentioned in the will is more than one-third, it’s optional for the heirs to act on it, but they are not legally obligated to do so.
A crucial question about dividing inheritance is how the heirs can legally receive their share. The first step in inheritance and dividing the deceased’s possessions is for the heirs to obtain the probate letter. This document certifies and identifies the heirs of the deceased, determines who can inherit from the deceased, and what portion each heir is entitled to.
When someone passes away, those set to inherit from them may have questions about the legal process. One common question is how to obtain a probate letter and divide the inheritance? We are here to help you understand the steps involved in the legal inheritance process.
When settling an inheritance, the first step is for one of the heirs to gather the necessary documents, including a death certificate and related certificates. They must then file a petition to the competent authority, typically a Dispute Resolution Council, to begin the process. Once a probate letter is issued, the remaining steps of dividing the deceased’s assets among the heirs can commence.
Inheritance Procedures in the Judicial Services Office
To apply for a probate letter, the applicant must first prepare the death certificate and certificate of testimony. Then, they can prepare a petition for the probate letter in a Judicial Services Office. It’s important to understand that only one of the heirs needs to make this request, and it’s not mandatory for all of them to do so or agree to exclusive inheritance.
It should be noted that the steps of inheritance in the Judicial Services Office are that the applicant should attach other documents, such as the birth and death certificate and national identity card of the deceased, as well as the birth certificate and national identity card of the heirs and the certificate of testimony, to the inheritance petition, and all these documents shall be submitted with the competent authority, i.e., the Dispute Resolution Council. Also, the marriage certificate and the will of the deceased (if any) should be attached to the inheritance petition as necessary documents.
Inheritance Procedure in the Dispute Resolution Council
Inheritance procedure and issuance of probate letter are under the authority of the Dispute Resolution Council of the deceased’s last place of residence. But the question that may be raised is, what are the steps of the inheritance in the Dispute Resolution Council, and in other words, how does the Dispute Resolution Council, after receiving the inheritance petition, deal with this petition?
The steps of inheritance in the Dispute Resolution Council are such that the council examines the documents submitted by the applicants and then advertises this matter in the newspaper so that if someone else has an inheritance claim regarding the deceased, he/she should introduce themselves. After the council announces the issue, one month must pass before the council issues the probate letter.
The probate letter issued by the Dispute Resolution Council is such that all the heirs who can inherit from the deceased are specified in detail, and the amount of the inheritance share of each is also determined. Accordingly, they should act and divide the deceased’s property among themselves based on it. In this case, basically, there will be no more disputes in the division of inheritance.
It should be noted that all the processes and steps related to issuing the probate letter through the Dispute Resolution Council, like other legal claims, are announced to the applicant through the Sana System. For this reason, people who have filed a petition for inheritance and are following the inheritance steps to know about the ruling issued by the Dispute Resolution Council should refer to their user account in the Sana system and receive the issued inheritance ruling.
If you need to receive a probate letter or carry out other matters related to inheritance according to Iran’s rather complicated laws, you can contact Karimi & Associates Law Firm through the contact us section to receive specialized legal advice from our team of expert lawyers.