Price
Free
Execution deadline in working days
-
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Recipient
Individual person
Receiving restrictions
-

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• obtaining a permit to accept or reject a child's inheritance.
• Acquisition of property for a child.
• appointment of a guardian to conclude legal transactions between the child and the parent.
• the management of the child's inheritance and the withdrawal of rights of use if the surviving spouse manages or uses the inheritances agreed to the child in a disorderly manner.
• the dismissal of the child's parent from the management of the child's property if the parent manages the child's property in a way that is not in the best interest of the child.

Process description

  1. Service Description
    An Orphan's court, defending the property interests of a child/person under guardianship:
    1) decide on the authorisation to accept or reject the inheritance agreed to by the child/person under guardianship;
    2) decide on the sale of the property belonging to the child/person under guardianship regarding market value or at auction;
    3) decide on the division of the succession, the alienation, pledging or encumbrance of the child's property (if the value does not exceed EUR 14 000) with other rights of affairs;
    4) decide on the alienation, pledging or encumbrance of immovable property owned by the person under auspices (if the value thereof does not exceed EUR 14 000) with other rights of affairs;
    5) decide on the effectiveness of the alienation, pledging or encumbrance of immovable property belonging to a child/person under the auspices (if the value thereof exceeds EUR 14 000) with other rights of affairs;
    6) decide on the acquisition of property for a child/person under guardianship;
    7) appoint a guardian for entering into legal transactions between a child and parents;
    8) decide on the subtraction of the rights of administration and use of the succession, if the surviving spouse manages or uses the succession agreed to the child in a disorderly manner;
    9) decide on the suspension of the parent from the management of the child's property, if the parent manages the child's property not in conformity with the interests of the child;
    10) follow that the trustee does not act with the property belonging to the person under guardianship without the permission of the Orphan's Court, if it is necessary in accordance with the Law;
    check whether the trustee clarifies the opinion and will of the person under the auspices and manages the property in conformity with the interests of such person and the requirements of regulatory enactments.

  2. Request Service and Required Documents
    Depending on the subject, the necessary documents:
    1) application,
    2) the birth certificate of the child,
    3) the death certificate,
    4) the Heritage List,
    5) the Certificate of Succession,
    6) a document certifying property rights,
    7) the draft contract for the transaction,
    8) an assessment of real estate,
    9) a statement of the credit institution, etc.

  3. Receipt of services
    Upon examining all submitted documents, hearing the views of the persons involved in the case, the Orphan's Court shall take a decision whether the specific activity conforms to the best interests of the child/person under guardianship.

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