If a person passed away without leaving a will, the estate is distributed according to the rules of intestate succession.
According to the legislation, there are four groups of heirs. The heirs from each next group can apply for inheriting if the decedent does not have any relative mentioned in the previous group or if everyone from the group refused to inherit. The assets are being divided equally between the heirs of the current group. The groups are as follows:
• Group 1 – children, spouse, and parents of the decedent. The grandsons can inherit if his/her parent who could inherit the decedent’s asset has passed away earlier,
• Group 2 – siblings (both full and half) of the decedent. The children of siblings can inherit if his/her parent who could inherit the decedent’s asset has passed away earlier ,
• Group 3 –maternal and paternal grandparents of the decedent ,
• Group 4–aunts and uncles of the decedent. The children of the aunts and the uncles can inherit if their parent who could inherit the decedent’s asset has passed away earlier.
The acceptance of the inheritance can be express or tacit. The express acceptance of inheritance takes place when the heir in written form declares his/her willingness to accept the status of the heir, in front of the notary. The heir living abroad can apply for inheritance through his/her authorized person. Tacit acceptance takes place when the alleged heir acts in such a way that it is obvious his/her willingness of inherit.
In either case, acceptance should be manifested within 6 months from the opening of the succession. If the origin of the person’s right to accept an inheritance depends on the failure or refusal of its acceptance by other heirs, the period for acceptance of the inheritance shall be three months from the date of rejection by other heirs of the inheritance, or refusal of its acceptance. If the remaining period is less than three months, it is extended to three months.
It is important to highlight that heirs are free to reject an inheritance under Armenian inheritance law. They can refuse to inherit in favor of another heir included in that group, as well.
If in the inheritance asset is involved a real estate then after getting the certificate of inheritance the heir should apply for its registration. There are certain restrictions on land ownership by foreigners.
If you have any matters in order to the inheritance acceptance or waiver please contact us