Pursuant to Art. 1037 § 3 of the Civil Code, if the estate includes an enterprise, the agreement on the division of the estate should be concluded in writing with notarially certified signatures. However, if the enterprise includes real estate or the enterprise is subject to succession management, the agreement on the division of the estate should be concluded in the form of a notarial deed.
Partial division of the estate in court is permissible because the estate includes an enterprise (1038 § 3 of the Civil Code). Normally, the court can limit the division of the estate only for important reasons. At the same time, in accordance with Art. 10381 of the Civil Code, if the estate includes an enterprise, the division of the estate covers this enterprise, taking into account the need to ensure the continuation of the business activities conducted using it, unless the heirs and the testator’s spouse who is entitled to a share in the enterprise have not reached an agreement regarding the continuation of this activity. Therefore, it is an analogous rule as in the case of a farm (Article 213 of the Civil Code)