A relative registered the whole inheritance in his or her own name, concealing other heirs: what to do under Georgian law

What to do

1. The main question is whether the excluded heir accepted the inheritance on time. The acceptance deadline is 6 months from the day of opening (Civil Code Art. 1424); acceptance is by application to a notary or by actual possession or management (Civil Code Art. 1421); joint registration with the testator at the address, even briefly within this period, is a presumption of actual acceptance (Instruction on the Procedure for Notarial Acts, Art. 85). If so, the heir's share exists from the day of opening. If not, the court first extends the acceptance deadline for a valid reason (Civil Code Art. 1426).
2. The certificate does not remove the share: a certificate issued to one heir does not deprive the others of their part (Civil Code Art. 1503); before 6 months have passed, certificates are issued only if the notary has information that there are no other heirs (Civil Code Art. 1500). Concealing heirs is grounds to challenge the certificate in the part concerning the share; a dispute arising from a notarial act is decided by the court (Law on Notaries, Art. 7).
3. Urgent, while the property has not been sold: securing the claim through a prohibition on the defendant performing actions, including alienation (Civil Procedure Code Art. 198); the buyer's protection under the registry falls away if an objection has been filed against the entry or the buyer knew of the inaccuracy (Civil Code Art. 312). Limitation: the general limitation period is 10 years, as there is no special period for challenging a certificate (Civil Code Art. 128), running from the moment the person learned or should have learned of the violation (Civil Code Art. 130).
4. If the property has already been sold: for a buyer, the owner is the person recorded in the registry, unless the buyer knew otherwise (Civil Code Art. 185); property sold before the claim remains sold, and the proceeds go to the true heir (Civil Code Art. 1429); income received before the claim is kept only by an heir who did not know of the other heirs (Civil Code Art. 1428). The concealing relative knew of you, so they must also return the income, for example rent. If the buyer knew of the other heirs, the sale transaction can be challenged as well.
5. The claim: recognition that you accepted the inheritance, a declaration that the certificate is invalid in part, recognition of your share, and correction of the registry entry (or payment of the proceeds). 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).
6. Where to apply: notary, for the case file; district (city) court; Public Registry, for a prohibition and correction of the entry by court decision.
7. Evidence: the inheritance case file at the notary, the Public Registry extract and history of the entry, evidence of your acceptance (application, residence, payments), evidence that the co-heir knew of you, the sale contract.
8. Traps: waiting without a claim and a prohibition, since after a sale to a bona fide buyer only the proceeds remain; demanding that the notary “annul” the certificate, when the court decides the dispute; applying the three-year limitation period from the Russian Civil Code.

Be sure to check

• whether the excluded heir accepted the inheritance in time (notary or actual possession, residence); the path depends on this
• a certificate issued to one heir does not deprive the others of their share; challenging the certificate in part through the court
• urgent: a prohibition on alienation or an attachment as security for the claim, and a mark in the registry
• if already sold: protection of the bona fide buyer under the registry, and recovery of the proceeds from the co-heir who sold
• jurisdiction, state duty and limitation period