Extract an Inheritance Certificate from the Court goes through several steps that we will mention in our article today.
We will discuss all the stages of that and all the details about this topic.
Extract an Inheritance Certificate from the Court
Many people are looking for the steps to be followed after the death of the head of the family, which determines the division of inheritance between children and brothers, and it is one of the main documents, without which the heirs cannot see the property, balances or accounts of the deceased.
The steps of extract an Inheritance Certificate from the Family Court
Extract an Inheritance Certificate from the Court documents:
In order to be able to obtain the inheritance notification from the family court, you must bring the following papers and documents:
- A request was addressed to the President of the Family Court to obtain the inheritance notification.
- The original death certificate or an official extract thereof.
- A paper in the form of an advertisement for the genetic information session.
- Four attorney stamps.
- A copy of the applicant’s card.
- A copy of the union’s card, and a copy of the attorney’s power of attorney.
The steps of Extract an Inheritance Certificate from the Court are as follows:
- Submitting an application to the family court, indicating the name of the deceased, the date of death, the names of the heirs, and the name of the mother, as she is the guardian of the minor children.
- The application shall be attached with the death certificate, guardianship decision and copies of the applicant’s ID card.
- An announcement form is written to the heirs at the session, and in the event that there are no heirs other than the mother and minor children, the notification is not required, and the presence of the mother or her representative is sufficient.
- The inheritance notification session is scheduled within three weeks, or a month at the most, and two male witnesses from the neighbours or acquaintances of the deceased must be brought, to ask them some routine questions to confirm the death, and that the inheritance is limited to the heirs described in the statement.
Procedures to Extract an Inheritance Certificate from the Court
There are some procedures that must be followed in order to inform the inheritance.. First, care must be taken to identify the procedures for informing the inheritance that must be followed when wanting to extract the inheritance information quickly, as following these procedures avoid the heirs from being exposed to the problems of the inheritance information that may they appear from some of the relatives of the deceased, as they are as follows:
- First: Upon the father’s death, the minor children, if any, are identified and the guardian is determined by an official guardianship decision, as the mother, in the absence of the grandfather of the children, has the right to guardianship of the children or in the event that the grandfather relinquishes this guardianship.
After that, the legal inheritance of the inheritance of these children is determined and placed in a special account for the minor children in the bank
so that no person has the right to dispose of this inheritance except the person who has the right of guardianship after permission is issued by the judge to do so, or when the minor children reach the legal age for disbursing the inheritance.
- Second: In the event that there are no minor children of the deceased, a request is submitted in the court to the session secretary concerned with the neighbourhood mentioned in the death certificate.
- Third: Take the form of the sealed declaration and its copies according to the number of heirs declared to them, and keep a copy.
- Fourth: Take the form of the declaration, attach the pictures to it, and hand it over to the competent bailiff’s office, to announce the heirs after that.
- Fifthly: if they have been notified, their attendance at that session is not required, and the attendance of the applicant or his representative is sufficient.
But if the heirs are not announced, they must all attend and the judge hears the testimony and decides that those whose names are mentioned in the application are the heirs only and there is no one else.
The judge decides to issue the notification, indicating It contains the name and date of death of the testator and a statement of who his heirs are and what their legal shares are so that the applicant or any of the heirs can then extract an official copy from the inheritance notification.
How long does it take to inform genetics?
- To extract an Inheritance Certificate notification may take a not long time. As the request is submitted, and then in most cases the court determines the session after a month or according to the court.
- And the inheritance notification may be issued from the first session or within a week, and the session may be postponed to another time, and then a week later Inheritance release notification.
The Punishment for those who refuse to hand over the inheritance to the heirs
- The penalty for whoever refuses to hand over the inheritance to its beneficiaries in accordance with Article 49 of Law No.
- 77 of 1943 as amended by Law No.
- 219 of 2017, provided that he is punished by imprisonment for a period of no less than six months and a fine of no less than twenty thousand pounds.
- And not more than one hundred thousand pounds, or one of these two, The two penalties: whoever deliberately refuses to hand over to one of the heirs his legal share of the inheritance by consent or final judgment.
- Whoever conceals documents to deprive the heirs of their legal share shall be punished by imprisonment for a period of no less than six months and a fine of no less than twenty thousand pounds.
- From any of the legal heirs or any competent authority. In the event of a return to any of the previous acts, the penalty shall be imprisonment for a period of not less than one year, and for the victim or his special agent and his heirs or their special agent, proof of reconciliation with the accused before the Public Prosecution or the court, as the case may be.
Read more in our website:
inheritance in Egypt
Inheritance in Switzerland
Drafting inheritance division contracts
Consensual distribution of inheritance between heirs