Accepted the inheritance in fact, without going to a notary: what to do under Georgian law

What to do

1. The key question is whether there were actions within the deadline. An inheritance, including by actual acceptance, must be accepted within 6 months from the day of opening (Civil Code Art. 1424); it is accepted by an application to a notary or by actual entry into possession or management, which clearly shows acceptance (Civil Code Art. 1421); possession of part of the estate (items, a room) equals acceptance of the whole inheritance, wherever it is located (Civil Code Art. 1421). Living in the house or paying bills after 6 months does not, by itself, create acceptance.
2. How to prove it to a notary: joint registration with the testator at the address, even briefly within the acceptance period (presumption of possession of the apartment and items) (Instruction on the Procedure for Notarial Acts, Art. 85); possession of the testator's documents for a car, bank account or shares (Instruction on the Procedure for Notarial Acts, Art. 85); certificates from the tax authority, insurer or bank confirming payment of the testator's debts or property tax within the acceptance period (Instruction on the Procedure for Notarial Acts, Art. 85); utility receipts, if they identify the payer (Instruction on the Procedure for Notarial Acts, Art. 85).
3. Formalities: a certificate of inheritance is issued at any time after 6 months have passed, so the accepting heir need not hurry to a notary (Civil Code Art. 1500); the accepted inheritance belongs to the heir from the day of opening (Civil Code Art. 1433); if another heir claims that the person who accepted in fact did not do so, the notary will not issue a certificate for that heir's share (Instruction on the Procedure for Notarial Acts, Art. 88).
4. If the notary has refused (no registration at the address, no receipts in the heir's name), the court, in special (non-contentious) proceedings, establishes the fact of acceptance of the inheritance and its place of opening (Civil Procedure Code Art. 312); the application is filed with the court at the applicant's place of residence (Civil Procedure Code Art. 314); it must state the purpose and prove that the documents cannot be obtained otherwise (Civil Procedure Code Art. 315). Witnesses may include neighbours and the village head.
5. Dispute with co-heirs: if a dispute over the right arises (other heirs object), the application is left without consideration and a claim is required (Civil Procedure Code Art. 311), namely a claim to be recognised as having accepted the inheritance and for ownership rights.
6. Where to apply: any notary (the case is handled by the first notary to receive the application); district (city) court; Public Registry.
7. Evidence: certificate of registration at the testator's address, utility and property tax receipts with dates, the testator's documents, photos and repair contracts, witness statements from neighbours.
8. Traps: actions taken after 6 months from death are no longer acceptance but a missed deadline; a notary may not accept receipts that do not name the payer.

Be sure to check

• actual possession or management within 6 months = acceptance of the whole inheritance
• what evidence the notary accepts (joint registration, receipts, payment of taxes and debts, documents)
• a certificate can be obtained at any time after 6 months
• the court establishes the fact of acceptance in special proceedings; if it is disputed, a claim is required