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Date of Opening of Inheritance
An inheritance opens on the date of the decedent’s death, either physical death or declared death.
If a decedent is declared dead by the court after having been missing for four years or for two years due to an accident, the inheritance opens on the date of the decedent’s declared death.
If a decedent who has been declared dead reappears and the declaration of his presumed death is vacated, he may claim restitution of his property, or claim appropriate compensation therefor if restitution is infeasible. And he is also entitled to claim damages, in addition to restitution, if losses are incurred to his property.