The division of property between heirs
The division of property between heirs can be made through:
· Conclusion of an agreement between heirs, or
· Allocation of parts for each of them.
The first case means that all heirs conclude the agreement. The second option is possible only if the testament exactly determines the property that must be given to the heir. Thus, the inherited property is not subject to division between all the legitimate heirs, as it is defined by the state as an object of personal property of a one concrete heir.
Heirs’ ability to resize the heritage
The law sets, every heir is entitled to change his part, unless otherwise foreseen by the testament. If testament sets a concrete property that must be inherited by the heir, this provision cannot be changed and the heritage cannot be resized. If no peculiarities are prescribed by the testament, heirs have a right to conclude a separate agreement and divide the heritage at their own discretion.
Allocation of the part of heritage
Under the law, the heir who was a testator’s relative or lived together with him, has preferential rights. In such case the heir should suit about the allocation of the part of heritage.
The heirs who have been living together with the testator as a family for at least one year before the inheritance opening, have a preferential right over other heirs to get home furnishing items in the size of their part of heritage. The heirs who were co-owners of the property together with the testator, have a preferential right over other heirs to allocate their parts of the property, if it is physically possible and does not affect essential interests of other heirs.