Inheritance usually involves not only acquiring material wealth but also complex and emotional disputes between family members. When it comes to estate distribution, conflicts of interest are inevitable, especially when the estate includes real estate, business shares, or items that cannot be physically divided. In Georgia, estate distribution disputes are among the most common civil litigations. Legislation establishes that heirs are co-owners of the estate until the final division of property occurs. It is at this intermediate stage that problems arise: Who will live in the apartment until it is sold? How should the property be valued? Who gets the valuable family heirlooms? Legal intervention is necessary to ensure the process is conducted fairly and to prevent the dissipation or misappropriation of assets by one heir.
Estate distribution disputes involve more than just determining who legally owns what. Often, the case involves establishing the scope of the estate mass (for example, when one heir hides assets), interpreting the will, or reaching a preliminary agreement. The assistance of a qualified lawyer is critical because a poorly managed process can lead to the forced sale of property at auction for much less than market value, harming all parties. Legal.ge offers access to specialists who will help you manage the conflict and receive your rightful share most profitably.
What Does Estate Distribution Service Cover?
This service covers the resolution of the full spectrum of disputes arising between heirs:
- Inventory of Estate Mass: Assistance in locating and listing the deceased's entire property, including bank accounts, stocks, and real estate.
- Property Valuation: Conducting independent expertise to determine the real market value of real and personal property, which serves as the basis for fair division.
- Negotiation and Mediation: Conducting negotiations between heirs to reach an out-of-court agreement (estate division agreement).
- Division in Kind: Legal assistance in physically dividing property (e.g., partitioning a land plot) if technically feasible.
- Court Litigation: Protecting interests in court when an agreement cannot be reached — preparing a lawsuit demanding the separation of shares or compensation.
- Preferential Right of Purchase: Consultation on which heir has the preferential right to receive a specific item (e.g., a residential house or business).
Common Real-World Scenarios
In practice, estate distribution disputes often unfold according to the following scenarios:
The first scenario is the "Undivided Apartment." Parents passed away, and an apartment was left to two children. One child lives in the apartment and refuses to sell it or compensate the other sibling for their share. The second heir is forced to apply to the court demanding the forced sale of the apartment or compensation in the form of rent.
The second case is hiding assets. One heir, who had access to the deceased's bank accounts or jewelry, misappropriates them immediately after death and claims "nothing was left." Here, it is necessary to request bank statements and study transactions.
The third scenario is a dispute over value. Heirs agree that one should take the house while the other takes the car and cash supplement, but they cannot agree on the price of the house and car. An expert conclusion is decisive in such times.
The fourth situation is business inheritance. When the deceased left a share in a company, other partners may oppose the heir entering the business. The dispute concerns compensating the value of the share.
Georgian Legal Framework and Regulations
Issues of estate division are regulated by the inheritance law norms of the Civil Code of Georgia:
- Civil Code of Georgia (Articles 1460-1483): Regulates the rules for dividing the estate. The law states that any heir can demand the division of the estate at any time.
- Co-ownership: Until the property is divided, heirs are co-owners, and disposal (sale) of the property is possible only with the consent of all of them.
- Law on Notaries: Defines the rules for issuing an inheritance certificate, which confirms the rights and shares of the heirs.
Process and Stages
The process begins with obtaining an inheritance certificate from a notary. At this stage, the circle of heirs and their ideal shares (e.g., 1/2, 1/3) are determined. Then the stage of real division begins. The lawyer tries to draft an "Estate Division Agreement," detailing who gets which specific item. This agreement must be notarized. If an agreement fails, a lawsuit is prepared for court. The court appoints an auditor to value the property and makes a decision either on division in kind, ordering compensation from one heir to another, or selling the property at auction.
Why Legal.ge?
Inheritance disputes often destroy family relationships. On Legal.ge, you will find lawyers who not only know the law well but also possess negotiation skills to end the dispute with minimal losses and stress. The specialists on our platform will help you objectively assess your chances and choose the most reasonable strategy.
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