When and Where Does Succession Open?
Estate and Heirship
Prepared by: Constantinople
Short Answer
Opening of succession is not the same as filing a court action or reading a will. Death is the starting event; later applications serve different purposes. We examine death, domicile and the family's order of deaths together to identify the relevant date for heirship and further procedures needed.
After a relative's death, you may have been told succession has not opened because no court application was made. You may instead think the will-reading date starts every inheritance right. These concepts must be separated. We first examine legal determination of death and last domicile, then assess heirship certificates, opening the will and protective measures under their own requirements. Closely successive family deaths require a separate chronology.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Succession Opens at Death
TMK 575 links opening to the deceased's death. A later heirship certificate does not move that starting point. If civil registration of death is alleged to be wrong or absent, the actual position must be established. We do not begin the calculation solely from a document's issue date.
The Place Succession Opens Differs from the Place of Application
TMK 576 uses the deceased's domicile for the entire estate. Hospital, last address and domicile may differ. Not every inheritance procedure nevertheless goes to the same court. Subject-matter jurisdiction, territorial jurisdiction and non-contentious applications are examined separately according to the request.
Multiple Deaths Are Examined Separately
Under TMK 580 and 599, being alive at death and succession matter. A parent's death followed by a child's may create two estates. We do not assume all family assets can be divided through one death and certificate; we identify each transition's date and interested persons.
What Do We Examine in Your Matter?
Death and Family Records
We compare death and civil registration records. For multiple estates, we show chronology and heirs at each death separately.
Domicile Information
We examine last-domicile records with factual information, comparing the effect of different addresses on the appropriate venue with the particular claim.
Separating Procedures
We distinguish certificates, wills, protection and litigation preparation. One application is not assumed automatically to complete the others.
Frequently Asked Questions
Does succession open without a court application?
It opens at death. Later applications may nevertheless be needed to document entitlement or perform a procedure. Opening does not mean every procedure is complete.
Why does the will-opening date matter separately?
Opening a will is a separate procedural act affecting notifications and certain litigation periods. We do not combine it with death and use one starting date for every period.
Does the death date matter if title succession is not registered?
Opening of succession and the land registry procedure are separate stages. Later documents or registration do not remove death's legal significance. We examine death, heirship and the proposed title act separately; an incomplete procedure does not yield a common conclusion for every inheritance right.
Related Inheritance Topics
Related Questions
Reference Sources
TMK 575–576, TMK 580, TMK 599
Related Analyses
Distinguish Dates and Applications
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.