Initiation of inheritance procedure according to positive legislation in Kosovo and problems in practice
The purpose of this paper is to examine analytically legislation dedicated to regulating hereditary procedure and in particular to identify violations of the legislation in practice in case of initiating the hereditary procedure. Research questions, which are discussed in the context of this paper are:
-What is the role of the municipal authority and the court in the case of the initiation of hereditary proceedings?
-Is there an adequate cooperation between the municipal and court actions to be taken in case of inheritance proceedings initiated?
-As time passes from the decedent's death and the initiation of a proceeding, respectively happen that hereditary succession procedure initiated many years after the death of the decedent, and what are the legal consequences?
In an effort to provide more accurate information regarding the issues raised in this paper the research is developed in 5 Basic Courts in Kosovo. It is stipulated by the law that the inheritance proceedings is initiated by the court ex officio after the court has accepted the death certificate act from municipal authority. Based on research conducted in practice is has been proven that this procedure has never been applied in practice, in all cases the court proceedings were initiated after the filing of inheritance proposals by the heirs. As a result, from this paper it derives that there is a lack of an adequate collaboration between the municipal authority and the court and it is recommended that the municipal authority has to implement the bond that within the stipulated deadline by law to deliver the act of death in court, and the court should initiate the inheritance procedure ex officio.
legislation, inheritance procedure, initiation, court.