Court division of an estate among co-heirs: what to do under Georgian law

What to do

1. First try to agree: division is by agreement of those who accepted the inheritance, in proportion to their shares (Civil Code Art. 1452); at a notary, an agreement on division is preceded by a certificate of inheritance showing everyone's shares (Instruction on the Procedure for Notarial Acts, Art. 92). If there is no agreement, the court divides the estate, taking into account the nature of the property, each heir's activity and other circumstances (Civil Code Art. 1469).
2. Court options: each heir may demand allotment of his or her share in kind, if this is possible (Civil Code Art. 1454); property that cannot be divided without harming its purpose becomes common property held in shares (Civil Code Art. 1459), and if division in kind is excluded, the item is sold and the proceeds are divided (Civil Code Art. 964). An apartment is usually not divided in kind; the realistic outcome is a buy-out of a share or a sale.
3. Who gets the item: an heir who lived with the testator for at least 1 year before death has a priority right to the dwelling and household items (Civil Code Art. 1481); he or she pays compensation to the others (Civil Code Art. 1482); the court may spread the compensation over no more than 10 years (Civil Code Art. 1483). Shares may be adjusted: a descendant who made a special contribution to preserving and increasing the property may demand equalisation (Civil Code Art. 1475); gifts from the testator made within 5 years before death are counted toward the share (Civil Code Art. 1455), but under a Constitutional Court decision only where the testator's clearly expressed intention is established (Civil Code Art. 1455).
4. Exit without court: sell your share to a third party without the others' consent. Each heir may dispose of his or her own share (contract at a notary), but not of individual items (Civil Code Art. 1470); the whole item is disposed of only jointly; a pre-emptive right to buy a share exists only if established by law or agreement (Civil Code Art. 959).
5. Procedure: the claim is filed at the testator's last place of residence (Civil Procedure Code Art. 16); state duty is 1% of the claim value, not less than GEL 50 (Civil Procedure Code Art. 39); inheritance disputes are subject to court mediation (Civil Procedure Code Art. 187³). Order an appraisal before filing the claim.
6. Where to apply: notary; district (city) court; Public Registry.
7. Evidence: certificate of inheritance with shares, registry extract, appraisal and conclusion on the possibility of allotment, evidence of joint residence and gifts.
8. Traps: “a co-heir has the right to buy a share first” is a rule of the Russian Civil Code, not the Civil Code of Georgia; demanding allotment of a room instead of a buy-out or sale.

Be sure to check

• division by agreement at a notary; if there is no agreement, the court, which takes into account the nature of the property and the circumstances
• allotment in kind where possible; otherwise common shared ownership and sale with division of the proceeds
• priority right of the heir who lived with the testator, with compensation to the others and instalments of up to 10 years
• each heir may dispose of his or her own share; there is no statutory pre-emptive right to buy a share
• jurisdiction at the testator's place of residence and state duty