After losing a loved one, inheritance matters often take a back seat, yet the law sets deadlines that are important to know. This post is for heirs and for people thinking about drawing up a will: based on the Civil Code, we explain in plain language the deadline for accepting an inheritance, who the first-order heirs are and the form a will must take.
Deadline for accepting an inheritance: 3 months and 6 months
Under Article 1246 of the Civil Code, an heir may accept an inheritance within three months from the day they learned or should have learned that they had been called to inherit. At the same time, acceptance of an inheritance is not permitted after six months have passed from the day the inheritance opened.
Note: these two periods are counted from different dates. Because the first period starts from the day the heir learned or should have learned that they had been called to inherit, it may fall on a different date for each heir. The second period is counted from the day the inheritance opened.
| Period | Counted from | Effect | Basis (Civil Code) |
|---|---|---|---|
| 3 months | The day the heir learned or should have learned that they had been called to inherit | The heir may accept the inheritance within this period | 1246 |
| 6 months | The day the inheritance opened | Acceptance of the inheritance is not permitted after this period | 1246 |
Extension of the deadline is governed by Article 1248 of the Civil Code. If you think you have missed the deadline, consult a lawyer without delay.
Who are first-order heirs?
In inheritance by law, heirs are divided into orders; the word "order" refers to the sequence of heirs established by law. Under Article 1159.1.1 of the Civil Code, first-order heirs are:
- the deceased's children, including a child born after the death of the decedent;
- the deceased's spouse (wife or husband);
- the deceased's parents, including adoptive parents.
First-order heirs have equal shares. If questions about dividing the inheritance arise within the family, a calm, document-based conversation and timely legal advice make the process much easier.
Will: written form required
A will is a document in which a person states their wishes as to whom their property will pass to after their death. Under Article 1179.1 of the Civil Code, a will must be drawn up in writing. The law allows both a will in notarial form and a written will without a notary.
Practical tips:
- do not settle for stating your last wishes only orally; set them out in a written will;
- describe the property and the persons in the will clearly and unambiguously, so that there is no room for different interpretations later;
- consult a lawyer before choosing the form in which the will is to be drawn up;
- tell someone close to you whom you trust where the will is kept.
Inherited real estate and the state register
Under Articles 178.1 and 139.1 of the Civil Code, ownership of real estate passes to the acquirer from the moment the transfer of the property is registered in the state register of real estate. This is the general rule for real estate.
It is recommended to clarify in advance with a notary or lawyer the paperwork and registry steps for an inherited flat, house or plot of land.
First steps in an inheritance matter
The following steps help you avoid missing deadlines and go through the process calmly:
- Determine when the period for accepting the inheritance starts and mark the date in your calendar.
- Gather in one place the documents relating to the decedent's property (ownership documents, contracts, bank information).
- Find out whether there is a will.
- Prepare documents showing your family relationship.
- Meet a notary or lawyer and clarify the steps that suit your situation.
Summary
- An heir may accept an inheritance within 3 months from the day they learned or should have learned that they had been called to inherit.
- Acceptance of an inheritance is not permitted after 6 months have passed from the day the inheritance opened.
- First-order heirs are the deceased's children (including a child born after their death), spouse and parents (including adoptive parents); they have equal shares.
- A will must be in writing: notarised or without a notary.
- As a general rule, ownership of real estate passes from the moment the transfer of the property is registered in the state register.
If you have questions about inheritance, succession or a will, message us on WhatsApp: +994 77 739 10 12. Estavor Legal also provides legal consultations online — we will listen to your situation and work out together how the law may apply to your case.
📚 Sources
🌐 The original article is in Azerbaijani; the official sources are available in Azerbaijani.
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