nasljeivanje

Nasljeivanje, also spelled nasljeđivanje, is the legal process by which a deceased person's property, rights, and obligations are transferred to their heirs. It can occur through a will (testament) or, in the absence of a valid will, according to statutory rules (intestate succession). The term covers both the determination of who inherits and the practical steps needed to transfer ownership and settle obligations.

Key elements

- Estate: all assets and debts left by the deceased, including real property, money, and intangible rights.

- Heirs and beneficiaries: individuals entitled to receive assets. In many systems, the surviving spouse and descendants are first in line, with other relatives or the state as fallback. Some jurisdictions apply forced or statutory shares that protect certain heirs regardless of the will.

- Executor or administrator: a person appointed to manage the estate, identify creditors, pay debts, and distribute the remaining property to heirs.

- Debts and taxes: debts must be settled before distribution; taxes or duties related to inheritance may apply in many jurisdictions.

Types of succession

- Testate succession: assets are distributed according to the deceased’s will, within the bounds of local law.

- Intestate succession: if there is no valid will, assets are divided according to the statutory order of inheritance defined by law.

Process and variation

- Probate or estate administration: the legal process to prove the will, identify heirs, inventory assets, and authorize transfers.

- Disputes and challenges: will contests or disputes between potential heirs may arise, sometimes requiring court resolution.

- Jurisdictional differences: specific rules, such as forced heirship, representation of descendants, and treatment of joint property, vary widely between countries and regions.

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