A will is only the testator’s expression of intent for the future and not an automatic transfer of ownership. It becomes legally effective only after the testator’s death and provided that the heir accepts the inheritance in the manner prescribed by law.
If the person is still alive, it is impossible to apply to a notary “to formalize the inheritance under the will” – the inheritance has not yet been opened, and you do not acquire any rights as an heir. Instead, you have the right to keep a copy of the will (if you were given one) and to know which notary to contact in the future.
When and where to apply to a notary
The first key rule is that the procedure for accepting an inheritance begins only after the testator’s death. From this moment the inheritance is opened, and the heir has a general period of 6 months to submit an application for its acceptance to a notary.
You must apply to any notary (state or private) who is authorized to handle inheritance cases at the place where the inheritance is opened – usually this is the last place of residence of the deceased, and if it is unknown, the location of the immovable property or its main part. In practice, this is how the inheritance under a will is usually processed.
Why a will does not exempt you from contacting a notary
The existence of a will does not mean an automatic transfer of rights – the notary must:
open an inheritance case;
check the information in the Inheritance Register (whether there is another will, an inheritance contract, or an already opened case);
determine the circle of heirs, including persons entitled to a compulsory share in the inheritance.
In addition, it is through the notary that you receive a certificate of the right to inherit – this is the document that confirms your ownership of the property (apartment, house, land plot, money in bank accounts, etc.) and allows you to register this right in state registers. Without this document you are not legally the owner, even if your name is directly stated in the will.
What steps the heir must take
If you have learned that you are an heir under a will (or have a copy of the will), the general sequence of actions is as follows: