After the death of a loved one, relatives often try to finalise the inheritance as quickly as possible. The documents are gathered, the heirs have no disputes among themselves, and the estate is known. It would seem there are no obstacles at all. That is why, upon hearing from the notary that the certificate of inheritance cannot yet be issued, many are genuinely surprised: why wait if everything is already clear?

In reality, the waiting period in most cases is not a mere formality but one of the most important guarantees for protecting inheritance rights.

Many believe that if the only known heir has applied to the notary, the certificate can be issued immediately. However, the notary is obliged to consider not only the interests of the applicant but also the rights of other persons who may also be entitled to the inheritance.

This is precisely why the law establishes a general term of six months from the date of the opening of the inheritance. This period is granted to all heirs so that they may assert their rights. Only after its expiration does the notary, as a rule, issue the certificate of inheritance.

At the same time, civil legislation provides for an exception to this rule. The certificate may be issued before the expiration of the six-month period, but only on condition that the notary has reliable evidence that, apart from those applying for the certificate, there are no other heirs with respect to the corresponding property or the entire estate as a whole.

Should any doubts arise regarding the circle of heirs, the notary has the right to refuse early issuance. Such a refusal does not violate the heir's rights and does not prevent the certificate from being obtained in the established manner after the general term has expired.

Let us consider a common situation. After the death of her father, a daughter approaches the notary. She is confident that she is the sole heir since there are no other relatives. However, the notary becomes aware that the deceased may have had a son from his first marriage, residing in another region. If the certificate is issued immediately in such a situation, there is a risk of violating the rights of the other heir. That is precisely why the notary is obliged to comply with the requirements of the law, even if it means waiting.

Sometimes citizens perceive such waiting as excessive bureaucracy. However, the notary's task is not to process documents as quickly as possible, but to ensure the legality of the inheritance formalities and to prevent future court disputes between heirs.

It is also important to understand the following. If there genuinely are no other heirs and the notary has reliable evidence to that effect, the law permits the certificate to be issued earlier than the six-month term. But it is the notary who assesses the sufficiency of the information provided and bears responsibility for the decision made.

Inheritance matters rarely tolerate haste. An error made during the formalisation of inheritance can lead to lengthy court proceedings, the invalidation of the certificate, and the need to re‑determine the rights of the heirs.

Therefore, if the notary suggests waiting until the end of the legally established period, this does not mean a desire to drag out the procedure, but rather the fulfilment of the duty imposed on them by law to protect the rights of every potential heir. It is precisely this approach that ensures the legality of inheritance formalities and strengthens public trust in the notarial system.

Oleg POLUMORDVINOV