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Article 1072-1. Ways of accepting the inheritance of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1072-1. Ways of accepting the inheritance of the Civil Code of the Republic of Kazakhstan

     1. Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue a certificate of inheritance to an official, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of inheritance.

     If the heir's application is submitted to a notary by another person or sent by mail, the heir's signature on the application must be attested by a notary, an official authorized to perform notarial acts (paragraph 5 of Article 1051 of this Code), or a person authorized to certify powers of attorney in accordance with paragraph 3 of Article 167 of this Code.

     Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. A power of attorney is not required to accept an inheritance by a legal representative.

     2. It is recognized, until proven otherwise, that the heir has accepted the inheritance, if he has committed acts indicating the actual acceptance of the inheritance, in particular, if the heir:

     has taken possession or management of inherited property;

     took measures to preserve the inherited property, protect it from encroachments or claims of third parties;

     He made expenses for the maintenance of the inherited property at his own expense;

     paid the testator's debts at his own expense or received money owed to the testator from third parties.

 

 

 

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The deadline for accepting an inheritance may be extended by the court if it recognizes the reasons for missing the deadline as valid. The inheritance may be accepted after the expiration of the specified period and without going to court, subject to the consent of all other heirs who have accepted the inheritance.

The deadline for accepting an inheritance may be extended by the court if it recognizes the reasons for missing the deadline as valid. The inheritance may be accepted after th...

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