Notary for inheritance in Almaty — we handle the inheritance from the application to the certificate, without court and extra visits

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Notary for inheritance in Almaty: inheritance file, timelines and processing

After the death of a relative, the heir faces several questions at once: where to look for the will, which notary to approach, what to do with the flat, the car, the deposits and the debts of the deceased. Many put off the visit to the notary because they do not understand the procedure and are afraid of doing something wrong. During this time some documents are lost, and heirs who could have claimed their rights are left out.

Mistakes in inheritance matters are costly: a missed deadline, an incorrectly determined place of opening of the inheritance or an incomplete set of documents mean the property has to be divided in court or the right to it proved all over again. The notary for inheritance handles the file from the application to the certificate, and the outcome depends on how it was opened and processed. Below is a practical breakdown of the procedure for a resident of Almaty.

Notary for inheritance: what services a notary provides when processing an inheritance

The notary for inheritance is the person who handles the inheritance file: opens it on the heir's application, accepts applications from other heirs to renounce or accept the inheritance, sends requests about the deceased's real estate, vehicles, bank accounts and pension savings, and then issues the certificate of the right to inheritance. A notary's inheritance services also include checking the will and working with the estate until it is distributed among the heirs.

The certificate of the right to inheritance is, as a rule, issued after six months have passed, when the circle of heirs is known. A notary's services for processing an inheritance are not limited to a single visit: while requests are pending and the deadline is running, the notary takes measures to protect the estate where necessary, and the heir is liable for the deceased's debts only within the value of the inheritance received.

If there are several heirs, a notary's services in processing an inheritance lead to an agreement on the division of the inheritance — a document that distributes specific items and shares among them. The notary does not resolve disputes: contesting a will, restoring a deadline and dividing property through court are court work, not notarial work. A notary for inheritance in Almaty handles precisely undisputed matters, where the heirs are not at war with each other.

• opening of the inheritance file and acceptance of applications
• requests to registration authorities about real estate, vehicles, accounts and pension savings
• protection of the estate until the certificate is issued
• issuance of the certificate of the right to inheritance
• certification of an agreement on the division of the inheritance between the heirs

Notary at the place of opening of the inheritance: how to find a notary for inheritance

An inheritance opens on the death of the deceased, and the place of opening of the inheritance is the last place of residence of the deceased. It is at that address that the notary handles the inheritance file: he opens the file, accepts applications, checks the composition of the property and later issues the certificate of the right to inheritance. So the search for a notary for inheritance starts not with advertising and not with a convenient district, but with the last registered address or place of residence of the relative.

If the notary at the deceased's place of residence has already accepted the inheritance and the file is open, all the other heirs — children, spouse and parents as the first in line, brothers and sisters as the second — file their applications with the same notary, even if they live in another district. There is no agreeing among themselves and going to different notaries: there is one notary at the place of opening of the inheritance for the whole file. Finding him is simple: contact any notary in Almaty, give the full name and address of the deceased, and through the unified notarial information system of Kazakhstan you will be told whether the file is open and who holds it.

An heir from another city or country does not have to travel to Almaty: he can have his signature on the application certified by a notary at his place of residence and send the application by post. A foreign document must be apostilled or legalised and translated into Kazakh or Russian before it is sent. The most common mistakes are looking for "inheritance notaries" on the principle of "closer to home", delaying the filing of the application and filing it with a notary other than the one who already holds the file. If the file is open and the heir approaches a different notary for inheritance, that notary will not conduct a second proceeding: he will certify the signature on the application and send it to the notary who holds the file.

The inheritance file at the notary for inheritance and the notarial chamber

An inheritance file is a folder that the notary opens after a person's death and in which all documents concerning his property are collected: the heir's application, the death certificate, evidence of kinship, information about the flat, house, car, accounts and business shares. Until the file is opened, the inheritance cannot be dealt with. It is opened by the notary at the deceased's last place of residence, and if that is unknown — at the location of the real estate or the main property.

Only one inheritance file is kept per deceased person, so it always exists in a single copy. For this reason, the notary for inheritance files must be sought where the file has already been opened: a second notary will not conduct parallel proceedings and will simply send a request to the first. Whether an inheritance file has been opened can be checked through any notary: notaries have access to the unified notarial information system of Kazakhstan, and using the deceased's details they can see who holds the file.

The Republican Notarial Chamber does not handle inheritance files directly, but it is the body that unites notaries and oversees the operation of the information system. Thanks to this, a notary for inheritance files in Almaty can see in the system information about opened files and certified wills, even if they were made in another region, and can request the necessary data without sending the heir from one authority to another. The law gives six months from the day of opening of the inheritance to accept it: the application to accept or renounce is filed with the notary within that period, and until it expires the file, as a rule, is still being supplemented with documents.

• death certificate and the applicant's documents
• evidence of kinship or the will
• title documents for the property
• certificates of registered persons and valuation
• application to accept the inheritance or to renounce it

How an inheritance notary formalises entry into inheritance: step by step

A heir who decides to formalise the inheritance through a notary applies to the notary at the place where the inheritance is opened within six months from the date of death. The application to accept the inheritance may be submitted in person, through a representative under a power of attorney, or by post — with a certified signature — after which the notary opens the inheritance file and checks whether it has already been opened by other heirs. Notarial formalisation of an inheritance follows a strict procedure, and it is important not to miss the deadline: once it has expired, the inheritance is accepted either with the written consent of all heirs who have already accepted it, or through the court.

When all heirs agree on the shares and the composition of the estate, formalising entry into inheritance is quicker: the notary requests information on kinship, checks whether there is a will, and where necessary sends requests to registration authorities and banks. If the heirs have reached agreement, they certify a division of inheritance agreement before a notary without going to court. An inheritance may be renounced in favour of another heir until the acceptance deadline expires; a renunciation cannot be revoked. If the deadline has been missed but the heir has in fact accepted the inheritance, this is confirmed by documents; otherwise the deadline is restored by written consent of all heirs who have accepted the inheritance, or through the court if the reason for missing it is valid.

After the documents have been collected, the notary completes the formalisation of the inheritance by issuing a certificate of the right to inheritance, and the rights to real estate and vehicles are then registered with the state authorities. Below are the stages of formalising an inheritance with a notary and the approximate timeframes.

• Application to accept the inheritance — within six months from the date of death
• Documents on kinship and death — on the first visit to the notary
• The notary's requests to state authorities — for each item of property
• Valuation of property — to calculate the notarial tariff
• Certificate of the right to inheritance and registration of rights

The timeframes may change if requests to state bodies take a long time or the composition of the estate is still being clarified.

Consultation with a notary on inheritance

A consultation on inheritance is needed when you do not yet know where to start: which of the relatives actually inherits, where to look for documents, what to do about the deceased's debts. At such a consultation your specific situation is worked through: who falls within the circle of heirs by law, whether there is a will, who has the right to approach the notary first. This saves time, because you will start collecting some of the documents straight away rather than after the notary refuses.

A separate issue that is often overlooked is the deceased's debts: loans, taxes, utility arrears. An heir is liable for them within the limits of the property accepted, so before filing an application it is important to understand what exactly forms part of the estate and whether it is worth accepting such an inheritance at all. A missed deadline for acceptance is also a reason for a conversation: whether it can be restored is decided by a court, but a timely consultation will help assess the chances and gather the grounds in advance.

An inheritance file is opened with a notary at the deceased's last place of residence, and at a consultation you will be told who exactly to approach in your case. What is worth clarifying before the visit:

• which documents confirm the kinship and the death of the deceased
• in what manner and where an application to accept the inheritance is filed
• what to do if the heir is a minor or lacks legal capacity
• what to do if none of the heirs filed an application on time

Notary for a will: drafting a will and inheritance under a will

A will is a document by which a person determines in advance who will receive what after their death. Any notary can certify it: it is enough to come with an identity document, and the notary will draft the text, explain the consequences, check legal capacity and sign. A will can be closed: the testator then hands it to the notary in a sealed envelope, and the contents remain secret even from the notary until the envelope is opened after the testator's death.

You can approach any notary about a will, but the inheritance file is handled by the notary at the place where the inheritance is opened — at the deceased's last address. A will can be amended or revoked at any time through a notary, and a new will revokes the previous one to the extent that it contradicts it. Notary services for a will include certification, safekeeping and issue of a copy.

Not all heirs can be disinherited: minor and incapacitated children, and an incapacitated spouse and parents, are entitled to a compulsory share — not less than half of the share that each of them would have received on inheritance by law, regardless of the text of the will. To obtain a certificate of the right to inherit under a will, the heir files an application with the notary at the place where the inheritance is opened and attaches the documents. The notary checks whether a will exists and whether it is valid, establishes the circle of heirs and issues the certificate. If the will is contested or one of the heirs has missed the deadline, the matter is decided by a court.

• Certification of a will: drafting the text and explaining the consequences
• Safekeeping of a copy and issue on the testator's demand
• Amendment or revocation — at any time; a new will revokes the previous one in the part that contradicts it
• Certificate of the right to inherit under a will after verification of the documents and the will

Documents for a notary on inheritance: what an heir needs to collect

The basic package of documents for a notary on inheritance hardly depends on whether you are inheriting by law or under a will: you need a document confirming the death of the deceased and documents confirming kinship or the fact of inheritance itself. The set then expands depending on what property forms part of the estate.

The most common mistake is bringing copies instead of originals or documents with outdated data: a notary is obliged to verify the information, so for real estate you need a recent certificate of registered rights from the Legal Cadastre, and for vehicles, up-to-date registration information. If the original document is lost, a duplicate birth or marriage certificate is issued by the civil registry office, and only when the record has not been preserved is kinship established through court — it is worth finding this out in advance so as not to lose time.

Below is a guide to which documents are usually required in different situations.

If a document is missing, the notary will advise how to obtain or replace it.

What determines the cost of a notary's services for inheritance

The cost of a notary's services for inheritance is made up not of a single tariff but of several components. The notarial tariff for a certificate of right to inheritance depends on the degree of kinship and the value of the property: for close relatives it is lower. So a certificate for a spouse, child or parent will cost less than for a distant relative or a person who is not a relative at all.

The property itself also affects the final payment. The higher its value, the higher the tariff; if there are several items — an apartment, a house, a car, money in an account, a share in a business — a certificate is issued for each separately, and this too is reflected in the amount. Additional notarial acts are counted separately: requests to banks, registering authorities and other organisations, obtaining and checking documents, certification of agreements between heirs.

There are also categories for which the law provides benefits: minor heirs, persons with disabilities and some others. To avoid overpaying and guessing what the amount is made up of, it is worth discussing the situation with an inheritance notary before filing an application — then it is clear what exactly the fee is charged for. The list of what forms the cost:

A certificate of right to inheritance — separately for each item and type of property.

Degree of kinship: for close relatives the tariff is lower.

The value of the inherited property at the time the inheritance is opened.

Requests for and obtaining documents from banks and registering authorities.

Benefits that apply to certain categories of heirs.

The most important thing is not to delay the visit to the notary at the place where the inheritance is opened: the deadline for accepting an inheritance is difficult to restore, and sometimes already impossible. Collect the documents confirming kinship, death and the composition of the property before the first visit.