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The right to enter into an inheritance without a will is stipulated by the Civil Code of the Russian Federation. If the deceased during his lifetime expressed his will in a will and transferred the property to whomever he considered necessary, claims from other heirs will not be accepted.

Legal succession of inheritance

The main rules of the queue according to the law: the closer the heir is to the testator by blood, the more chances he has for entering into an inheritance. The Civil Code of the Russian Federation establishes eight lines of inheritance.

These include:

1. spouse, children, parents.
2. sisters, brothers, grandfather, grandmother.
3. Uncle Aunt.
4. great-grandfather, great-grandmother.
5. grandson, granddaughter, grandfather, grandmother.
6. great-great-grandchildren, uncles, aunts, nephews.
7. stepson, stepdaughter, stepfather, stepmother.
8. disabled persons who were dependent on the testator.

Close relatives are included in the category of heirs of the first stage without a will. According to statistics, the majority of property after the death of relatives passes precisely to the primary heirs. Representatives of another line are called up in the absence of primary heirs. Dependents are also classified as heirs, and they must live with the testator for at least one year before death.

In addition to the right to inheritance by the type of priority, the law provides for the transfer of inheritance rights according to the principle of kinship - the right of representation.

Children and other descendants of heirs can receive property that their parents could claim. This opportunity is provided for the heirs of the second - third stage. Property inherited by representatives of the first order without a will may be reduced by the share that would be due to a direct descendant by the legal right of inheritance.

The procedure for entering into an inheritance without a will

According to the legislation, the participation of a notary when drawing up an act of entering into an inheritance is mandatory. It is forbidden to partially enter into inheritance rights (I accept this part, I refuse the second one). According to the entry procedure, the applicant must accept the inheritance in full or refuse it. The process is divided into two stages:

1. Demonstration of consent to entry.
2. Performing actions to receive an inheritance.

To demonstrate the intentions, the heir must apply to the notary's office for the opening of the inheritance case. If another heir has already opened a case, you must declare your rights to the property.

Geographically, they turn to a notary who lives in the region of registration of the testator.

The heir must submit an application, attaching a package of documents to it.

The procedure for entering into an inheritance without a will:

• Receive notice of the death of the testator.
• Appeal to a notary with a statement of inheritance rights.
• Providing a package of documents confirming the legitimacy of accepting the inheritance.
• Waiting for the legal period.
• Registration of the received property in your name.

According to the law, the inheritance includes all assets and liabilities, i.e. houses, cars and other property, as well as company management rights, debts, loans, etc.

Important: Heirs of the first stage pay a fee in the amount of 0.3% of the value of the inheritance received, but not more than 100 thousand rubles, heirs of another order - 0.6%, but not more than 1 million rubles.

What documents are needed for registration

The main condition for the rapid registration of the inheritance is the submission of a complete package of documents. The application can be drawn up in advance or filled out directly at the notary's office according to the established pattern. In addition to the application, the heirs must provide:

• Own passport.
• Death certificate of testator.
• A document confirming kinship indicating the degree.
• Extract from the house book.
• Documents for inherited property.

The notary may expand the package of documents or request additional confirmations, if he considers it necessary. In the case when the inherited apartment was purchased, the notary is provided with a certificate of sale. Other property transactions will also require supporting documents (cadastre data, etc.).

If the applicants are heirs not of the first stage, they will have to confirm the relationship with the testator with confirmation of each generation. This means that the grandson-heir will have to provide a birth certificate of the father (mother), where the testator is listed as one of the parents. If the heir of the first stage is not alive at the time of the death of the testator, his children may receive the inheritance by right of representation, i.e. that part of the property (grandmother), which would have gone to the son if he were alive, passes according to the law to the grandson (the son of the deceased son).

Term for entering into an inheritance without a will

In addition to the right to inheritance, descendants must also comply with the terms of entry into inheritance rights. The statutory period is 6 months from the date of death of the testator. The countdown begins on the next day from the date of death of the testator and ends on the first working day after the completion of 6 months from the date of countdown.

If the date of death was determined in judicial order, the countdown is from the date of entry into force of the judgment.

For each subsequent queue, which is called to accept the inheritance, the law establishes a period of 3 months. Usually, the six-month period is rarely reduced. If there is the consent of other heirs, the term for entering into the inheritance can be reduced. In case of refusal to inherit, an extension of the term is possible.

What to do if the due date has passed

It is necessary to restore the period and enter into inheritance rights. They do this in two ways:

• Peaceful.
• Judicial.

In the case of a peaceful restoration of the terms, documentary consent of all heirs who have already managed to enter into property rights is provided, since their share will be reduced.

What to do if you miss the due date:

• Obtain consent from other heirs.
• Notarize consent.
• Recalculate the share of property for each heir. This is done by a notary.
• Cancel previously issued certificates (performed by a notary).
• Registration of new certificates taking into account the interest of the new owner.
• Re-registration of property documents (if necessary).

What to do if the property of the testator passed to the state

If, due to a missed deadline, the inheritance passed into state ownership, and also if there is disagreement about the division from one of the heirs, the parties go to court to resolve the dispute.

The court restores the period for entering into the inheritance if it considers that the deadline was missed for a good reason.

These include:

• Ignorance about the death of the testator (the fact must be proven).
• The absence of an heir in the country for a long period.
• Prolonged illness of the heir, etc.

Ignorance of the norms of the law is not recognized by the court as a good reason. The law allocates three years for applying for the restoration of property rights. The maximum statute of limitations for valid reasons is limited to 10 years. This period is calculated from the day of the death of the testator, and not from the date of discovery of the fact of missed deadlines.

Sometimes life brings gifts, some expected, others come as a surprise. Everyone wants the surprise to be pleasant, unobtrusive and not requiring much effort to accept it, as it happens quite the opposite. It is better to know about unpleasant surprises in advance and prepare, so that later you can be sincerely happy. One of these surprises can be an inheritance. I invite readers of MirSovetov to figure out who can expect such a gift and how to properly accept it or prepare for it.

What is inheritance

All issues related to inheritance legal relations are regulated by the third part of the Civil Code of the Russian Federation. Inheritance is movable and immovable property, which, after the death of the owner, is transferred to the ownership of another person. The inheritance can be a house, cottage, car, furniture, stocks or other securities, books, equipment. That is, anything that can be owned. The law contains the following wording:

Article 1112. Inheritance
The composition of the inheritance includes things belonging to the testator on the day of opening the inheritance, other property, including property rights and obligations.
The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by way of inheritance is not allowed by this Code or other laws.
Personal non-property rights and other intangible benefits are not included in the inheritance.

But at the same time, MirSovetov considers it necessary to emphasize that with the acceptance of the inheritance, the obligation to pay debts, if any, is transferred. Debt obligations are distributed in equal shares among all successors of the inheritance.
An inheritance (the right to enter into an inheritance) cannot be given, transferred, bequeathed, sold, or otherwise assigned to another person.
There are two ways of inheriting property: by law and by will. Inheritance by law is possible in the absence of a will or if one of the heirs does not agree with the content of the will. In this case, the will is challenged through the court, if it is possible to prove its illegality (the will was made under duress, with the incapacity of the compiler or in other similar situations), then it is possible by a court decision to cancel the will and divide the inheritance between the heirs in shares or parts in accordance with inheritance law.

Inheritance by law

There are several queues of native people who have the right to inherit. The division of the inherited property takes place between the heirs of the first stage, which includes the next of kin: parents, children and spouses. Entry into the inheritance by relatives of the second and subsequent stages is allowed only in the absence of heirs of the first (or previous) stage.
The right to inherit can be forfeited if the fact of unworthiness of the heir to accept it is established. For example, parents cannot inherit the property of a child in respect of which they are deprived of parental rights or when evading the maintenance of the testator, if he needed it.
More about inheritance queues:

Article 1142. Heirs of the first stage
1. The heirs of the first stage according to the law are the children, spouse and parents of the testator.
2. The grandchildren of the testator and their descendants inherit by right of representation.
Article 1143. Heirs of the second stage
1. If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half brothers and sisters of the testator, his grandfather and grandmother both from the side of the father and from the side of the mother.
2. Children of full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation.
Article 1144. Heirs of the third stage
1. If there are no heirs of the first and second stage, the heirs of the third stage according to the law are full and half brothers and sisters of the testator's parents (uncles and aunts of the testator).
2. Cousins ​​and sisters of the testator inherit by right of representation.
Article 1145
1. If there are no heirs of the first, second and third order (Articles 1142 - 1144), relatives of the testator of the third, fourth and fifth degree of kinship, who are not related to the heirs of the previous stages, receive the right to inherit by law.
The degree of relationship is determined by the number of births separating relatives of one from another. The birth of the testator himself is not included in this number.
2. In accordance with paragraph 1 of this article, the following are called for inheritance:
as heirs of the fourth stage, relatives of the third degree of kinship - great-grandfather and great-grandmother of the testator;
as heirs of the fifth line, relatives of the fourth degree of kinship - children of the testator's nephews and nieces (cousins ​​and granddaughters) and siblings of his grandparents (cousin grandparents);
as heirs of the sixth line, relatives of the fifth degree of kinship are the children of the testator's cousins ​​and granddaughters (cousin great-grandchildren and great-granddaughters), the children of his cousins ​​(cousins ​​and nieces) and the children of his great-grandparents (cousins ​​and aunts).
3. If there are no heirs of the previous stages, the stepchildren, stepdaughters, stepfather and stepmother of the testator are called to inherit as heirs of the seventh stage according to the law.

The above articles refer to the possibility of individual relatives to accept the inheritance by right of representation. For clarity, MirSovetov will explain what these points mean. There are situations when the direct heirs die at the same time as the testator or before he does. In such situations, the share of such legal heirs is transferred to their descendants. This procedure for accepting an inheritance is inheritance by right of representation. Heirs by right of representation can be, for example, cousins ​​of the testator as heirs of the third stage, if at the time of opening the inheritance their parents (uncle and aunt of the testator) are not alive. Only the descendants of a legal heir who was deprived of the right to inherit for any reason or did not have a legal right to inherit do not inherit property by right of representation.
Acceptance of the inheritance is possible by more distant waiting lists in case of refusal of the inheritance by the primary right holders. In this case, a notarized waiver of inheritance is issued. The share of such an heir is divided in equal parts among the other heirs.
Also, Article 1149 of the Civil Code of the Russian Federation provides for a mandatory share in the inheritance. The mandatory share is transferred to the heirs even if they are not specified in the will. Minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, who are legal heirs, are entitled to such a share. The size of the mandatory share is not less than half of the share that could be due to them by law. The payment of the obligatory share is carried out from that part of the property that is not specified in the will. In cases where all property is registered in the will, a part of the bequeathed property is taken. If an obligatory share must be allocated from indivisible property, for example, an apartment, then the court takes into account such a circumstance as the appointment of the use of housing. If the heir under the will lived in such an apartment or used it as a source of income (rented it out, organized a creative workshop for his own needs), and the heir who has the right to a mandatory share does not, then the court, taking into account the financial situation of the heirs, may reduce the mandatory share or refuse it completely.

testamentary succession

A will implies that the testator will indicate what, to whom and in what parts will be transferred after his death. Persons not named in the will cannot claim any property, but may sue to challenge the will and prove it invalid.
The testator can also simply indicate those persons to whom he wants to leave his property, in which case it will be divided between the indicated heirs in equal shares.
The will is written by the testator in his own hand, or his words are recorded by a notary and after reading the text, the testator personally signs it. If for some reason the testator cannot put a personal signature, the will is signed at his request by a trusted person. At the same time, the reasons for which the trustee signs the will are indicated, and his personal data are indicated. When drawing up a will, at the request of the testator, a witness may be present, who also signs the will. At the same time, his last name, first name, patronymic and place of residence are recorded, according to the documents provided. The witness must understand the language in which the will is drawn up and be fully aware of the document under which he puts his signature. Also, witnesses and proxies are required to keep the secret of the will.
In addition, the notary explains the rules for drawing up a will to the testator (including the mandatory share in the inheritance in accordance with Article 1149 of the Civil Code of the Russian Federation) and a corresponding entry is made on the will.
A will can be open (the text of the will can be read in advance) and closed. In the latter version, the testator writes a will in the presence of a notary, seals it in an envelope and certifies it with his signature. The testator has the right not to show the text of the will even to a notary, but at the same time two witnesses must be present who leave their data and personal signatures on the envelope with the will. After that, the envelope is accepted by a notary, sealed in a new envelope, which is already certified by a notary. At the same time, the notary is obliged to familiarize the testator with the rules for drawing up such a will and make a note about this action on the envelope.
All changes to the will must be certified by a notary. A will is considered valid if it is written closer to the date of death.
There are times when a will can be declared invalid. This can be done by going to court. As a rule, a will is declared invalid in cases of infringement of the legal rights and interests of one of the heirs. Such a claim can be filed only after the opening of the will. The grounds for recognition may also be facts certifying the existence of serious violations in its preparation, in accordance with the Civil Code. Such a fact may be a document proving the insanity or incapacity of the testator at the time of the will. As an example, a will can be canceled in whole or in part if it is established that at the time of its preparation the rights and interests of unborn children were not taken into account. Depending on the established deviations from the norms, the will can be canceled in whole or in part. Cancellation of a will does not entail the termination of the right of inheritance by law to direct heirs.

Place of acceptance of the inheritance

The place of acceptance of the inheritance is the last place of residence of the testator or at the location of the inheritance property. If the property is in different places(cities), then the place of acceptance of the inheritance is the address at which the largest (more expensive or significant) part of it is located. Prior to accepting the inheritance, the notary may appoint a manager, whose duties will include the management and maintenance of the transferred property in order to ensure its safety. In order to preserve property scattered in different cities, the notary at the place of opening of the inheritance sends an order to the notary at the location of other parts in order to organize the protection and management of this part.
After entering into the inheritance, the heirs will have to compensate the expenses of the manager for the maintenance and preservation of the inheritance.

Terms of acceptance of the inheritance

There is a limited period of time for accepting an inheritance. It is equal to six months from the date of death of the testator. There is such a thing as the opening of the inheritance. On the day a person dies, his property becomes open to inheritance. When it comes to the property of a missing person, the day of his death is established through the court, and this day will be considered the day of opening the inheritance.
Entering into an inheritance by will is possible at any time from the date of the death of the testator, but also no later than six months.
If the heirs do not accept the property within the prescribed six months, then it becomes the property of the state. It is possible to extend the inheritance period through the court, with the proof of the fact that it is not possible to accept the inheritance on time. For example, due to being on treatment, abroad, etc. sometimes it is very difficult to restore the necessary period for the inheritance of property.
If at the time of opening the inheritance there is an unborn child of the testator, then the term for accepting the inheritance is postponed until the moment of his birth.

In the case of inheritance by law, it is possible to accept the inheritance by submitting a written application or a certificate of the right to inheritance to a notary at the place where the inheritance was opened. The application must be submitted personally by the heir or sent by mail with a notarized signature of the heir. It is also allowed to accept an inheritance according to a notarized certificate.
After the opening of the inheritance, the heirs have the right to issue a certificate of the right to inheritance from a notary. The heirs are issued one certificate for all or each individually.
Receipt of an inheritance is possible after 6 months from the date of the death of the testator or if there are reliable facts that there are no and cannot be other heirs. But at the same time, the heir is considered to have entered into the inheritance from the date of its opening, regardless of the date of the actual transfer of property.
If the heir does not want to accept the inheritance, he may refuse it in favor of other heirs, in which case his share will be divided in equal parts among other successors.
In the event of acceptance of an inheritance under a closed will, the following procedure must be followed. Within 15 days from the date of submission of the death certificate of the testator, the notary is obliged to acquaint with its contents all persons from among the obligatory heirs who wished to be present, the presence of two witnesses is obligatory. The envelope is opened by a notary and the contents of the will are immediately read out. After that, the notary and witnesses draw up a protocol for the opening of the will, in which the full text of the will itself is entered. Possible heirs are given a copy of such a protocol, and the will itself remains in the custody of the notary.

How much does an inheritance cost

Acceptance of an inheritance entails certain monetary costs. Payment for the services of the estate manager. Payment for notary services for paperwork. Payment for the registration of ownership of such property as real estate, vehicles, securities, bank accounts, etc.
All these are state duties on inherited property, which amount to different amounts depending on the degree of kinship of the heir:

Article 333.24 of the Tax Code of the Russian Federation, paragraph 22) for the issuance of a certificate of the right to inheritance by law and by will:
- children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100,000 rubles;
other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles.

The value of the property, on the basis of which the notary is obliged to calculate the state duty, is determined by the BTI bodies or independent experts. In any case, a certificate of value is presented by the heir. Demands to increase the value of the property by the notary will not be legitimate.

According to federal law No. 78-FZ of 01.07.2005, article 3.1, no tax is levied on property that passes by way of inheritance or donation.

Acceptance of inheritance by will is carried out according to the rules of civil law. Their observance ensures the unimpeded receipt of hereditary property.

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Acceptance of the inheritance can be carried out through a notary.

Special cases, as well as inheritance disputes, are considered by the court.

Legislation

The main legal act that regulates the issues of drawing up a will and acceptance of inherited property is the Civil Code of the Russian Federation.

In this codified act, all procedures are described in great detail.

Failure to comply with the norms of the Civil Code of the Russian Federation leads to adverse consequences for the violator.

Among other legal acts, one can note the Tax Code of the Russian Federation, which establishes the amount state duty for notarial acts.

Civil Code of the Russian Federation

The Civil Code of the Russian Federation regulates the procedure for entering into an inheritance by will. The codified act enshrined general provisions that apply to inheritance by will and by law. This is stated in Chapter 61 of the Civil Code of the Russian Federation.

Specific rules that apply when drawing up a will are enshrined in Chapter 62 of the Civil Code of the Russian Federation. The procedure for entering into an inheritance by will is approved by the norms of Chapter 64.

The procedure for entering into an inheritance by will

The procedure for entering into an inheritance is regulated by the norms of the Civil Code of the Russian Federation. In general, it is the same when inheriting by law, and when receiving hereditary property by will.

How does this happen?

Entry into the inheritance by will is carried out in several stages:

1. Formation of a documentation package.
2. Transfer of documents and applications to the notary.
3. Payment of state duty.
4. Obtaining a certificate of the right to inheritance after 6 months from the date of its opening.

Rules

Inheritance by will is carried out according to the rules of the Civil Code of the Russian Federation. If they are violated, adverse consequences may occur.

For example, having missed the deadline for accepting an inheritance, the heir loses the right to it.

Through a notary

The acceptance of the inheritance is carried out through a notary. He submits an application and all required documents.

The notary has the right to transfer the certificate of inheritance.

The law allows the participation of a third party in these procedures, if he has the appropriate power of attorney.

Price

In order to become the owner of a certificate of inheritance, the heir must pay the amount of the state fee.

Its size will depend on the market price of the estate and the degree of relationship between the testator and the heir:

• children, parents, spouses, brothers and sisters of the heir must pay 0.3%;
• all other persons - 0.6%.

In both cases, the maximum amount of state duty is limited. For close relatives - 100 thousand rubles, for other persons - 1 million rubles.

Acceptance methods

The Civil Code of the Russian Federation provides for the procedure for entering into an inheritance by will, which is carried out in two ways:

1. Registration and transfer of an application at the place of opening of the inheritance to a person who has the right to perform notarial acts.
2. Carrying out transactions with inherited property, which authentically testify to its acceptance. The list of such actions is approved in.

The first way is more reliable. In this case, there is no need to prove the actually committed actions.

In addition, obtaining a certificate of inheritance is an indisputable proof of its acceptance.

Timing

The following categories of citizens can receive it:

• minors or disabled children;
• disabled spouse and parents;
• disabled dependents.

Reading time: 7 minutes

The inheritance can be accepted by submitting documents to a notary or by taking actual possession of the property. In practice, the second option is difficult to prove. To enter into the rights of the successor, it is necessary to perform actions proving the acceptance of property. Consider what actions are in question and how to prove the actual acceptance of the inheritance.

What is inheritance law

Inheritance law is one of the main branches civil law, which includes a set of rules relating to the transfer of inheritance rights.

Inheritance involves the transfer of property and property rights to the heirs. You can either inherit.

First of all, hereditary property assets are legally transferred to parents, spouse, children or dependent family members who are unable to work. By law, heirs can be appointed up to the sixth degree of kinship.

Entry into inheritance rights

Entering into inheritance rights is understood as a legal procedure that fixes the fact of a change of ownership and the complete transfer of duties and rights of the testator to one or more heirs.

In order to exercise the right to receive property, it is necessary to perform the actions specified in the law or submit an application to a notary's office.

The actual transfer of the rights and obligations of a deceased citizen is enshrined in law. However, it must be confirmed if controversial situation receipts and checks for the maintenance of an apartment or other inherited object.

You will find more detailed information on this topic in the article "".

Ways of accepting an inheritance

The actual entry into the inheritance is the basis for the issuance by a notary of a certificate of right to it. But if the specialist considers the evidence insufficient, the fact of accepting property assets is established in court.

When deciding how to accept an inheritance, you need to understand that the transfer of rights and obligations in fact must be confirmed by certain actions of the successor:

• taking measures to preserve and protect hereditary property;
• taking possession or management of property assets;
• payment of expenses for the maintenance of housing or other facility;
• payment of the testator's debts at his own expense.

If the 6-month period for entering into inheritance rights by law or by will is missed, a lawsuit is sent to the court to establish the fact of acceptance of the inheritance.

The application is submitted at the place of his residence or the location of real estate. The consideration of the case is carried out in the order of special proceedings, which takes into account the testimony of the applicant, other heirs and witnesses.

If the successor has committed actions that testify to the actual entry into rights, then the law does not require the mandatory submission of an application to establish the fact of acceptance of the inheritance.

When the heir does not apply for a certificate to a notary, and he has reliable evidence of the acceptance of the inheritance, the successor is considered to have actually accepted it.

Such circumstances most often occur in the case of joint residence of the testator and successor. Thus, the actual acceptance of the inheritance during cohabitation is recognized.

Actions for the actual entry into inheritance rights can be performed both by the successor himself and by other persons on his behalf. They must prove that the heir does not renounce the property, but expresses the will to acquire it.

Learn more about the procedure for entering into an inheritance from the material "".

What is the time frame for accepting

The inheritance can be accepted from the moment of its opening within six months. According to paragraph 1 of Art. 1114 of the Civil Code, the day of opening is the date of death of a citizen.

If a person is absent for a long time and his loss in the future has evidence of death, the period is determined by the court.

When a person is declared dead by a court decision, the countdown starts from the date set in the court order.

Establishing the fact of acceptance of the inheritance

When it comes to real estate and the testator is considered to have entered into rights under the law from the moment the case was opened, registration of rights to property is necessary. It is impossible to legally own, manage and use a car without registration of rights.

Documentary evidence is also required to perform actions with bank accounts and other types of assets.

To obtain title documents, you need to contact a notary and submit materials proving the testator's rights to property, as well as confirm the fact of ownership of it and the presence of family relations with the deceased.

If the papers presented to the notary are not enough to conclude that the property assets have been accepted, you should go to court. In this case, a claim is filed for the actual acceptance of the inheritance and recognition of ownership.

Notary confirmation

First of all, it is necessary to prepare written evidence in a timely manner. Then you need to contact a notary to obtain a certificate of inheritance.

Documentary evidence can be:

• contracts for the lease of premises;
• certificates from housing maintenance organizations or authorities local government or internal affairs bodies on the joint residence of the successor with the testator on the date of the death of the latter, on the residence of the heir in the inherited residential premises;
• a copy of the statement of claim of the heir to the persons who have unjustifiably taken possession of the inheritance property, on the issuance of this property, with a court mark on the acceptance of the case for proceedings, as well as a court ruling regarding the suspension of the issuance of a certificate of the right to inheritance;
• receipts for the repayment of credit debt;
• contracts for repairs in an apartment or house, and more.

If evidence is presented, the citizen has the right to apply for a certificate when he considers it necessary. An application for a certificate is submitted to the notary at the place where the case was opened, together with the above documents.

If recognition of the fact of acceptance of the inheritance is impossible, you need to ask a notary specialist to issue a certificate of refusal to issue a certificate indicating the reasons, and then go to court.

Evidence in court

Initially, it is required to submit an application to the court with a request to establish the fact that the inherited property has been accepted. After the claim is satisfied by the court, a set of documents must be submitted to the notary.

Having received judicial confirmation of the acceptance of property assets in fact, the notary draws up a certificate.

To exercise the right to enter into an inheritance, an application is submitted to establish the fact of its acceptance.

However, there are cases when the testator actually accepted the inheritance, but did not formalize it properly. Such an heir is required to formalize the legal right to property through the courts.

Documents for application

In court, the fact of acceptance of hereditary property can be confirmed by documents on its maintenance and payment of the testator's debts. It can also be the testimony of witnesses and certificates of place of residence in the event that the successor lives in an apartment that is hereditary property.

When applying to the court, in addition to evidence and an application, the following documents must be submitted:

• a copy of the testator's death certificate;
• passport of a citizen of the Russian Federation;
• a paper confirming the relationship with the deceased citizen;
• a notary's certificate with information about which of the successors accepted the inheritance property;
• a certificate from the housing maintenance organization or the passport service on who was registered at the same address as the testator;
• documents confirming the fact of opening and accepting the inheritance;
• papers confirming the existence of hereditary property;
• receipt for payment of state duty.

In order for all papers to have legal force, the date of their commission must be included in the deadlines established by law for entry into the inheritance.

The documents submitted to the court must be affixed with the necessary signatures, seals and stamps.

Making a claim

The statement of claim for recognition of the fact of acceptance of the inheritance must contain the date of death of the testator - it is necessary to attach a copy of his death certificate.

The application must indicate the reasons why it is impossible to establish the fact of entry into inheritance rights in a notarial order.

You can learn how to draw up a document correctly from the recommendation for its design "".

The claim for the establishment of the fact of entry into inheritance rights, in accordance with Art. 266 of the Civil Code of the Russian Federation, is sent to the court at the place of residence of the applicant.

In the operative part of the document, it is required to indicate a clearly formulated legal fact that is sought: to indicate after whose death and by whom the property assets were actually accepted, as well as the reason for missing the deadline for entry into rights.

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Claim for recognition of ownership

A statement of claim for recognition of the right of ownership by way of inheritance is drawn up when the deceased is recognized as having the right to own the property transferred to successors by will, or when the heirs, by law, want to add this property to the estate.

According to Part 1 of Art. 30 Code of Civil Procedure of the Russian Federation, it is filed with the court at the location of this property. Recognition of the right of ownership in a judicial proceeding is required if the notary refused to issue a certificate of the right to inheritance to the heir.

According to the legal position of a notary, the lack of succession prevents the inheritance state registration the property rights of the testator to the inherited property. For this reason, the right of ownership of the testator did not arise, and this property cannot be inherited.

You will find more detailed information on how to correctly draw up a statement of claim and how it is considered by the court in the article "".

Possible obstacles to the consideration of the case

The requirement to recognize the fact of entry into the inheritance is considered by the court in the order of special proceedings. However, if a dispute arises between successors on the right to inherit, the procedure for claim proceedings is provided.

In practice, quite often, statements of claim are left without movement due to the provision of only copies of documents confirming the fact that the testator owns the disputed living space - such actions of the court are illegal.

Disputable situations arise when there are several heirs in the case and the right to property is divided between them.

Problems may be related to the provision to the court of copies of documents without originals or questionable authenticity of papers.

For each specific case, the list required documents may vary. If any information or documents are missing, or there are errors in them, then in court it will be necessary to establish the fact of the applicant's relationship with the testator.

When there are no interested parties in the case, such problems in establishing the fact of acceptance of the inheritance are solved by involving the Federal Tax Service at the place of residence of the deceased citizen.

Challenging the actual acceptance of the inheritance

Disputes between heirs, who dispute the actual acceptance of the inheritance by one of them, arise quite often.

Any interested party. As a rule, these are other heirs, but there may be other persons who have an interest in the inheritance.

You can challenge any conflicts between successors, as well as the timing, procedure, the fact whether the heir is eligible.

In such situations, the deadline for applying to the court for the protection of their rights plays an important role. If the deadline for acceptance of the inheritance is missed, then before challenging the fact of acceptance of the inheritance, it is necessary to restore the missed deadline for acceptance.

Lack of intention to accept property

The successor who has committed actions testifying to the acceptance of the inheritance has the right to prove the absence of his intention to accept it. Non-acceptance of the inheritance may be caused by the refusal of the heir from the inherited property, his serious illness or other reasons.

In essence, this is a de facto situation in which the subject called to inherit does not show interest in the opened inheritance within the established period: does not submit an application for acceptance of property or for renunciation of it, does not perform relevant actual actions.

Another interested heir can decide how to establish the fact of non-acceptance of the inheritance by the successor. In accordance with Art. 1154 of the Civil Code of the Russian Federation, it is possible to prove the absence of an intention to accept property even after the expiration of the period established by law. To do this, you need to contact a notary or a court with a statement establishing the fact of non-acceptance of the inheritance.

If there is evidence of inaction in terms of accepting property assets, the judicial authority establishes the fact of non-acceptance of the inheritance and decides whether to satisfy or reject the claim.

Arbitrage practice

An analysis of court cases proves that the actions of applicants must be both lawful and justified. If an outsider who knows about the legal heirs performs any actions with the property of a deceased citizen, this can be regarded as fraud. And if an apartment is inherited, then the fact of cohabitation with the testator should be proved. This fact may also be disputed by other successors.

In practice, there are cases when it is required to establish the fact of acceptance of the inheritance by the deceased heir. This happens when the successor passes away before entering into the inheritance. Since, if it is established that the heir died after the opening of the inheritance and did not have time to accept it, then in this case the right to accept the inheritance is transferred to his heirs by law or to heirs by will.

Lawyer. Candidate legal sciences. In 2007 she graduated from the National Research Tomsk State University. In 2013 she received the degree of KUN MFUA. Head of legal consulting department of a consulting agency. I specialize in family and inheritance law.

Acceptance of an inheritance by law is carried out by submitting an appropriate application to a notary or other person authorized to or by performing certain actions indicating the actual acceptance of the inheritance. An application for acceptance of an inheritance shall be submitted within six months from the date of the opening of the inheritance. The acceptance of the inheritance (submission of an application) is carried out at the place of opening of the inheritance and must be accompanied by documents confirming the right of the applicant to the inheritance. Missed deadlines for accepting an inheritance under the law can be restored in court or by obtaining the written consent of the other heirs. In case of unwillingness to accept the inheritance, the heir has the right to refuse it by submitting an appropriate application to the notary / authorized to issue a certificate of the right to inheritance to the person at the place of opening of the inheritance. The renunciation of the inheritance, once accepted, is not subject to cancellation or change, however, it can be appealed in court by other persons and declared invalid.

Inheritance by law

Transfer of inheritance (inheritance) according to the law provides for the transfer of property to heirs according to order(Clause 2, Article 1111 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation). Such a procedure is applicable only in the case when there was no will of the testator or it was successfully appealed in part or in full by one of the heirs, or the heirs by will refused to inherit, or the heir by will died before accepting the inheritance or was declared unworthy.

The Civil Code of the Russian Federation establishes a division into (seven queues and inheritance by right of representation). The first stage includes children, spouse (husband or wife) and parents of the testator (part 1 of article 1142 of the Civil Code), the second - brothers and sisters, as well as grandparents in any of the lines (part 1 of article 1143 of the Civil Code) , to the third - brothers and sisters of the testator's parents (uncles and aunts) (clause 1 of article 1144 of the Civil Code).

Subsequent queues are determined by the degree of kinship, that is, the number of births that separate relatives from each other. For example, the fourth degree of the third line of kinship is great-grandfathers and great-grandmothers, the fifth degree of the fourth line is the children of native nephews and nieces, etc. (Article 1145 of the Civil Code)

Legal acceptance of inheritance

The Civil Code provides for the possibility of accepting an inheritance in various ways:

• by filing an application for acceptance of the inheritance to the person authorized to issue a certificate of the right to inheritance (to a notary or an official of a consular institution in the Russian Federation)
• by "actual acceptance" of the inheritance (Article 1153 of the Civil Code).

However, from general rule there is exception. So, if a court has made a decision in respect of a citizen that establishes the estimated date of his death (air accident, catastrophe on a ship, military operations, etc.), the period for entering into an inheritance begins to count not from the date of death established in the court decision, but from the moment entry into force of such decision.(Clause 1, Article 1154 of the Civil Code).

If a person has the right to inherit as a result of the refusal of other heirs from this right, it is possible to accept the inheritance within 6 months from the date the right to inherit arises (paragraph 2 of article 1154 of the Civil Code).

The right of heirs to refuse to accept an inheritance (except for escheat) is enshrined in Art. 1157 GK.

If the heir of the previous line for any reason did not accept the inheritance, the heir from the next line may accept it within 3 months from the date of the end of the six-month period allocated for the acceptance of the inheritance by the previous heir (paragraph 3 of article 1154 of the Civil Code).

Restoration of the term for accepting an inheritance by law

The deadline for accepting the inheritance, missed by the heir for a good reason, may be restored. Restoration is possible two ways:

• through the court
• by obtaining written consent from other heirs who have already accepted the inheritance.

circumstances, taken into account by the court when restoring the terms, and affecting the final decision of the court, are:

• the heir did not know and could not / should not have known that the inheritance was open;
• the heir had good reasons why he missed the deadline (for example, a serious illness)

It should be taken into account that respectfulness any reason for missing the deadline judged at the discretion of the court(judges).

If the restoration of the terms occurs by obtaining a written consent to this from other heirs, then the signatures of the heirs on the document are subject to mandatory certification by a notary or other person authorized to perform such actions (paragraph 2 of article 1155 of the Civil Code).

The procedure for accepting an inheritance by law

Specificity legal action associated with the entry into the inheritance, as well as the qualification of methods for its adoption are enshrined in Art. 1153 GK. The specified norm provides for the possibility of accepting an inheritance by submitting an appropriate application to a notary public or performing any actions indicating the actual acceptance of the inheritance (actual use or management of property subject to inheritance; ensuring the safety of hereditary property; payment of expenses for the maintenance of hereditary property; payment of debts remaining with testator or receipt from other persons of funds intended for the testator).

Application for acceptance of inheritance by law

An application for acceptance of an inheritance can be submitted:

• notary;
• another official, which is authorized to issue a certificate of inheritance (for example, such is executive consular post).

You can apply:

1. personally;
2. through a representative;
3. using postal services.

If the last two methods are used to transfer the application, the signature of the heir on the document must be certified by a notary or in another way permitted by law. Art. 185 of the Civil Code establishes that to certify signatures on documents in case of emergency can also:

• heads of military medical institutions, their deputies in the medical unit (if the heir is being treated in these institutions),
• senior or duty doctors;
• commanders (chiefs) of military units at their deployment points, as well as heads of military educational institutions (for military heirs);
• heads of places of deprivation of liberty (for convicts);
• head or representative of the administration of institutions social protection(for citizens in these institutions).

If the application is submitted with the involvement of a representative, then the power of attorney issued to him must clearly indicate that the representative is entitled to accept the inheritance.

Application for acceptance of inheritance by minors

Acceptance of the inheritance on behalf of the heirs-minor children under the age of 14 is carried out by their parents or guardians, by which the relevant application is submitted.

For children-heirs aged 14 to 18 years old provided other requirement: the action to accept the inheritance must be agreed upon by them with their parents or guardians, however, the application is submitted independently.

The application is submitted along with documents confirming the right to inherit. The list of documents that are attached to the application, indicating their name and volume in sheets, is indicated at the end of the application, before the date and signature of the heir.

Note

As a rule, documents are provided in copies certified by a notary (when they are sent by mail or through a representative). If the application is submitted in person, the heir can provide the original documents to the notary, and the notary, on the basis of this, will certify the authenticity of the copies.

Documents for acceptance of inheritance by law

An application submitted for acceptance of an inheritance must also have a number of applications confirming the right of the heir to carry out the specified actions.

Documents required for acceptance of inheritance by law can be divided into the following categories:

• confirming the fact of the death of the testator;
• determining the place of opening of the inheritance;
• certifying the presence of family ties with the testator;
• determining the composition and location of the inherited property.

to documents, confirming the fact of death the testator, one can include the certificates of the registry office (death certificates) and court decisions on the recognition of persons as dead.

In order to confirm the place of opening of the inheritance, the heir will need a certificate of the last place of residence of the testator. Such a document can be obtained from the housing office at the place of residence of the person (certificate of form No. 3). It contains data from the address bureau or the register of tenants. This document may also certify the fact of cohabitation of the heir and the testator. Employees of the housing office without fail put in the register of tenants (house book) a mark on the removal of the testator from registration in connection with his death.

It is impossible to clearly define the range of acceptable documents confirming the relationship of the heir to the testator. These can be certificates of the registry office (for example, birth certificates for children-heirs or marriage certificates for spouses-heirs), extracts from registers of births, court decisions recognizing kinship, as well as other documents that can confirm the fact.

The fact of the presence of family ties between the heir and the testator can be established even after the death of the latter by applying to the court.

The documents determining the composition and location of the inherited property must meet several requirements:

• must be title (for movable and immovable property subject to registration, securities or money)
• must indicate the ownership of a particular property by the testator

Citizen S. claims to accept the inheritance by law after the death of his father, citizen K. It has been established that the property subject to inheritance includes: an apartment in Orenburg, a summer house in the suburbs of Orenburg and a VAZ 2106 car. It was established that the apartment was inherited by the father 3 months before death, and the dacha was bought two years before.

To confirm the existence of the specified property, as well as its location, citizen S. will need to attach to the application for acceptance of the inheritance the contract for the sale of the dacha and documents on its privatization, the father’s certificate of the right to inheritance (in relation to the inherited apartment), a certificate from the BTI on the cost of the apartment on the day of his father's death, technical documentation BTI (technical passport of the apartment (plan), an extract from the Unified state register rights), Certificate of state registration of rights (if such has already been obtained in relation to the apartment), as well as a certificate of registration of the vehicle.

Refusal to accept an inheritance

In cases where the heir has no desire to enter into the inheritance, he receives the right to officially renounce it. This right is enshrined in Art. 1157 GK.

Cancellation can be made:

• in favor of other persons from among the heirs by will or by law, not deprived of inheritance, as well as by the right of representation
• without specifying the persons in whose favor the refusal was made

By general rule, refusal in favor of other heirs can only be made in full from all inherited property (part 3 of article 1158 of the Civil Code). Refusal of part of the inheritance is possible only in case of inheritance on several grounds. An heir has the right to refuse an inheritance due to him on one or more grounds.

Renunciation of the inheritance can be made by the heir throughout the entire period allocated for its acceptance, regardless of whether it is accepted by the heir or not yet (clause 2 of article 1157 of the Civil Code), that is within six months from the date of death of the testator.

If the heir accepted the inheritance by actually joining it, but for some valid reasons missed the deadline for the possible renunciation of the inheritance, the court has the right to accept the refusal if the reasons are recognized as really weighty. In all other cases, the period provided for the exercise of the right to renounce the inheritance, not recoverable.

Refusal of inheritance by a minor heir is permitted only if there is consent to this from the guardianship and guardianship authority. Renunciation of an inheritance, in any case, implies active actions, consisting in submitting an appropriate application to a notary, that is, in making a unilateral transaction (Article 1159 of the Civil Code). Filing an application for renunciation of an inheritance is carried out similarly to filing an application for acceptance of an inheritance, at the place of its opening.

Restrictions on accepting a disclaimer

The legislator has established a clear list of circumstances and grounds on which a refusal to accept an inheritance cannot be accepted. Thus, the refusal to accept an inheritance is not accepted by law:

• if the waiver contains clauses or conditions;
• if the refusal is made in favor of persons not provided for by law;
• when inheriting a mandatory share;
• if there is a designated heir;
• upon receipt of an inheritance by will (if the testator bequeathed to the heirs all his property).

Since the renunciation of an inheritance is recognized as a unilateral transaction, it can be appealed and recognized invalid.