According to the law, heirs must apply to a notary within six months from the date of death of the testator and omission of this period leads to the fact that the inherited property acquires the status of expired property, that is, property that no one ownsand which, legally, has no owner. The spoiled property, as ownerless, becomes the property of the state.
Inheritance after the expiration of the specified period can be carried out in two ways - to restore the inheritance period or to establish the legal fact of inheritance acceptance.
In the first case, the term can be restored only if there is written evidence that the term for entering the inheritance was missed for valid reasons. If the heir is unable to confirm at least one day, then the court will refuse to restore the term.
In the second case, it is necessary to submit an application in a special procedure (this is the term of the Code of Civil Procedure of the Russian Federation). This statement is called "On the establishment of the fact of acceptance of the inheritance." In such a lawsuit, it is necessary to prove to the court the fact that the heirs, despite the absence of the fact of contacting a notary, still accepted the inheritance within 6 months from the moment of opening the inheritance.
4.1.2. Insufficient documents to accept inheritance
Another reason that does not allow entering into an inheritance is the lack of the necessary documents to confirm family relations or about the rights of the testator to the property. Relationship documents can be requested from the registry office, and property documents can be obtained from Rosreestr. After collecting the entire package of documents, you can contact the notary again.If the received documents do not contain the necessary information, for example, in the extract from Rosreestr it will be indicated that the right is not registered or “there is no data on the property,” the inheritance will take place through the filing of appropriate statements of claim to the court.
Inheritance not only gives the heir some rights, but also imposes certain obligations on him. For example, in order to accept an inheritance, it is necessary for the heir to fulfill certain conditions and observe the procedure for registering the inheritance.
Inheritance procedure
Inheritance presupposes the fulfillment of such conditions established by law, which each heir must meet:
- be called to inherit. This means that the heir must occupy exactly the queue that must first enter the inheritance. If the testator managed to draw up a will during his lifetime, then those who are indicated in the text of this document of will enter into inheritance;
- not be deprived of the right to accept inheritance. This means that the heir may be deprived of the right to inherit by the court. As a result of such a decision, he is no longer entitled to receive inherited property, even if he is on the appropriate line of inheritance or is indicated in the will;
- fulfill all the requirements established by law for registration of inheritance and acceptance of inherited property.
The inheritance procedure also imposes requirements on the documents that must be submitted to a notary. They must fully comply with the list, which is required for registration. In addition, the documents must be correctly drafted, contain objective data, etc.
Inheritance procedure
The process of formalizing an inheritance, both by law and by will, consists in the implementation of the same steps by the heir.
The stages on the way to formalizing the inheritance are generally the same.
- first appearance before a notary to write an application for the right to inheritance;
This stage marks the very beginning of the inheritance process. It is necessary to appear before a notary in order to write a statement of acceptance of the inheritance and open an inheritance case strictly within a period of up to 6 months from the date of death of the testator. This deadline is set in the Civil Code of the Russian Federation; its omission for an unjustified reason is unacceptable. It is possible to skip it for a reason that is considered significant and irresistible. However, it means further registration of rights not with a notary, but their proof in court;
- collection of papers that are necessary for the heir to receive a certificate of inheritance;
By right, the most important stage of inheritance. How quickly the heir receives a certificate of inheritance directly depends on the speed and correctness of the preparation of documents. The documents for inheritance by law and probate differ slightly. In addition, the basis for the discrepancy in the list of documents is the specificity of the inherited property.
- payment of expenses that arose in the process of accepting the inheritance;
It is clear that the process of accepting an inheritance involves some costs. For example, payment for the services of a notary, a representative, expenses for processing certificates, etc. However, the only charming payment is the state fee for obtaining a certificate of the right to inheritance. Its size is established depending on the assessment of the value of the inherited property and the degree of closeness of kinship with the deceased testator.
- obtaining a certificate of the right to inheritance.
The final stage is obtaining a certificate of inheritance. It confirms the legality of the inheritance and determines the distribution of shares between the heirs. If there are several, each teaches his own testimony.
It is possible to obtain a certificate no earlier than 6 months after the death of the testator. This period is set aside so that each heir can claim his rights.
As a result, the procedure for obtaining an inheritance includes all the above stages without fail. However, in some cases additional actions may be required, for example, state registration of the right to certain types of property.
Thus, the rules of inheritance apply to both the heir and the documents submitted to the notary. The inheritance procedure provides for the implementation of certain actions by the heirs. From the first to the last stage of registration of inheritance rights, you must strictly observe the procedures established by law. At the end of the process, the heirs receive a certificate of inheritance and become the legal owners of the property left by the deceased testator.
Last update: 09.02.2020
Inheritance is a legal procedure that is carried out after the death of a person who has property, valuables. In the event of their passing away, they are left without an owner, therefore, go to close relatives who claim to receive property for personal use on a legal basis.
Inheritance without a will and with its registration is regulated at the state level. If a deceased person, during his lifetime, took care of the fate of his property and drew up a document in which he described the relatives who will get it, the said citizens will become the owners of the objects. In its absence, the distribution of rights to real estate takes place in accordance with the norms of the law.
Section V is devoted to the right of inheritance in the Civil Code, Chapter 61 (Articles 1110-1117) contains general provisions, 62 (Articles 1118-1140) - considers this issue in the presence of a will, 63 (Articles 1141-1151) - by law, 64 (Articles 1152-1175) - provides for the acquisition of inheritance, 65 (Articles 1176-1185) - cases of obtaining certain types of property.
Terms of entry
Article 1154 of the Civil Code determines the period during which a candidate for receiving the property of a deceased relative has the right to apply to a notary for the inheritance procedure - 6 months. 
Time is calculated from the moment of death of a person. If he is missing, this fact has been known for 5 years, his relatives are required to recognize him as dead in court. Then the starting point is the date of the decision taken during the proceedings.
There are situations when the heirs miss the deadline established by law, do not turn to a notary for the distribution of property. The reasons are poor health, traveling nature of work, lack of information about the death of a relative. There are cases when the applicant did not know how to initiate the procedure for entering into an inheritance without a will after the death of a relative, had no idea where to go.
In this case, a limitation period of 3 years is provided, when potential candidates have the right to go to court and get the opportunity to inherit after the past 6 months. This period is valid not from the moment of death of a citizen, but from the moment of notifying relatives of the opened options for obtaining property. 3 years is considered the general limitation period, according to Article 196 of the Civil Code, the maximum - for inheritance after 6 months - 10 years.
What to do if the deadline is missed
If, after the death of a husband or wife, the relatives did not have time to obtain ownership of the property, this right is restored through the court. They need to carry out a sequence of actions:
- Contact a notary to enter the estate;
- Taking into account the missed deadline, the specialist will issue a written refusal to carry out the procedure, referring to the norms of the current legislation;
- If available, collect documents confirming the objective reasons for missing the 6-month period, draw up a statement of claim. The document reflects the provisions on the illegality of refusal by a notary, restoration of violated rights of heirs;
- Participate in court proceedings, substantiate your position, explain why the current situation occurred.
- Wait for the entry into force of the decision, contact the notary office for the execution of the verdict.
Important! If it does not satisfy the applicant, he has the right to appeal to a higher authority and challenge the decision made within 1 month from the date of consideration of the case.
Difficulties often arise when several heirs have applied to the notary in a timely manner, while others have missed the deadline. In the event of a positive verdict in favor of the latter and their inheritance, the case is subject to revision, the shares of others decrease, as the number of owners increases.
Inheritance queues
The sequence of inheritance is determined by Article 63 of the Civil Code (Articles 1141 - 1151). The legislation establishes that close relationship is a priority in the issue of obtaining property after the death of a citizen.
In the absence of a will, the queue is distributed:
- the first is the husbands, wives, children, mothers and fathers of the deceased person;
- the second - sisters and brothers, grandparents;
- the third - aunts and uncles;
- the fourth - great-grandfathers and great-grandmothers;
- the fifth - great-uncles and grandchildren, great-uncles and grandfathers;
- sixth - great-cousins \u200b\u200band grandchildren, cousins \u200b\u200band nephews, cousins \u200b\u200band uncles.
Important! If one of the heirs died at the same time as the testator or before entering the procedure, the right to the property is received by his successors by the right of representation, if any. This rule applies to relatives, if they are not unworthy heirs.
- relatives, whose actions were aimed at the detriment of the testator, so that his property was distributed after death, taking into account their personal benefit (this fact must be proven in court);
- the applicant was charged with the responsibility for the maintenance of the deceased, from which he maliciously avoided;
- persons who do not have the right to inherit, or are excluded from this event.
Adopters and adopted children are equal to blood relatives, therefore they have the right to expect to receive property on a legal basis along with the rest of the family. This category of citizens has a court decision certifying adoption or adoption.
Required documents
Without the provision of this procedure with documents, a notary has no right to give advice to a specific person about property transferred to relatives after the death of a person.
In 2020, it is mandatory to provide:
- a statement of the heir, drawn up personally or by a representative by proxy (with the provision of a copy and original for verification);
- a copy of the applicant's passport with the presentation of the original (front part and registration information are required);
- a certificate confirming that the citizen has died (issued by the registry office within 3 days after passing away);
- a copy of documents that testify to the relationship with the deceased (birth certificates of spouses, children, change of surname, marriage, certificate of registration records) with the presentation of originals;
- a certificate of registration issued at the passport office, which contains information on registration at the place of residence of the deceased, when living in a rural area - an extract from the house book;
- certificates confirming ownership of real estate, or extracts from the USRN;
- cadastral passport;
- information on the acquisition of property by a deceased person (donation agreement, purchase and sale, certificate of inheritance);
- statements of personal accounts, if the money in the bank acts as an inheritance;
- conclusion on property valuation.
They are drawn up by different organizations - the registration and cadastral chambers, the passport office, the registry office, and credit institutions. For the procedure, it is important that the documents are correctly drawn up, with seals, stamps and signatures.
An important aspect is drawing up an application and submitting it to a notary office. It reflects:
- personal information about the testator and his successor (surnames, names, patronymics, passport data);
- place and date of death;
- property objects that are part of the property;
- indication of the applicant's status in relation to the deceased (closeness of relationship);
- information about other close people (if any);
- request for acceptance of inheritance;
- date and signature.
The best option for submitting the application and documents is in person, so the applicant will have information about the date and the incoming number when the specialist accepts the information. If the candidate does not have the opportunity to apply, he has the right to send them by mail, but the application will need to be notarized. Transfer through a representative with a power of attorney to carry out these actions is also available to the successor.
Entry order
To inherit an apartment, house, vehicle, and other valuable things, you must follow the legal order. The sequence of actions includes:
- after receiving information about the death of a relative, a potential candidate should contact a notary office (regardless of the place of residence of the deceased);
- when visiting a specialist, he needs to have a package of documents that are required to establish the grounds for entering into an inheritance;
- to assess the property by contacting the appropriate organization (market, cadastral or inventory);
- pay a state fee (the cost calculation depends on the property assessment);
- after 6 months from the date of death, you should reapply to a notary in order to obtain a certificate confirming the right to inheritance.
Important! If the relative who received it plans to privatize the property, in the future to make transactions with it, an obligatory step is to apply to the registration chamber to enter information in the state register of real estate.
From that moment on, it will include a new owner, who, at his own request, has the right to dispose - sell, exchange, give, bequeath, rent.
Cost: taxes and duties
When applying to the notary chamber, the applicant, in the case of planning expenses, should take into account the payment for the services of a state representative who accepts documents and draws up a certificate of the right to inheritance by law. The cost is formed in accordance with the internal established rates of the organization.
A mandatory payment for obtaining the right to become the owner of real estate is considered a state duty, which is commensurate with the property assessment. Clause 22 of Article 333.24 of the Tax Code determines its size:
The main costs during the inheritance procedure are contained in the property appraisal (from 5 thousand rubles), state fees (0.3 or 0.6% of the cost of an apartment or house), notary services (from 2000 rubles).
Indivisible property
Article 133 of the Civil Code regulates the concept of an indivisible thing, which in nature cannot be divided between potential candidates without destruction or damage, change of purpose. In relation to such property in case of division between the heirs, Article 1168 of the Civil Code applies. It establishes the priority right to become the owner of the recipient who, together with the deceased person, owned this property in comparison with other applicants.
If the hereditary mass includes a dwelling that is indivisible in kind, citizens who are relatives who lived and registered in an apartment or house at the time of death, their right to receive the object in ownership is regarded as a priority.
Disinheritance
Not all candidates for the property of a deceased loved one are worthy of inheritance. There are 2 ways to solve this issue:
- if the testator issued a will, he could indicate in it the circle of persons who would not get the property in any case (this is an expression of the applicant's will, therefore the rules established by him are undeniable);
- recognition of legitimate applicants as unworthy through the courts by other relatives or government agencies (in the absence of a will).
Article 1117 of the Civil Code defines the acts for the commission of which there are legal grounds for establishing the status of an unworthy heir:
- criminal acts against the testator with the aim of causing his death;
- criminal acts against other family members claiming property with the aim of causing them death;
- intentions to forge, destroy or change the will in their favor;
- the existence of the fact of deprivation of parental rights in relation to a child, after whose death, property remains;
- refusal to maintain and care for a dying or sick relative, who later passed away.
Important! All the grounds are considered in court; to establish them, evidence and truthful testimony are needed.
This procedure is carried out not only within the 6 months allotted for the inheritance, but also after it is received by law. If the judicial authority makes such a determination, the unworthy citizen is obliged to return his part, which will be divided among the other owners. A person who has received this status has the right to challenge the verdict within 1 month from the date of the meeting on appeal to a higher authority in order to protect his own rights.
Order a free legal consultation
A complete list of documents required for accepting an inheritance is established on an individual basis in accordance with the third part of the Civil Code of the Russian Federation of November 26, 2001. But there is also a general series of papers, the filing of which is mandatory in all cases of certification of rights to inherited property. To get acquainted with them and with the nuances of their presentation is suggested below.
Where to go
To accept the property, the persons indicated in the will or counting on this right must appear before the notary at the place of opening the inheritance, which must coincide with the last place of residence of the deceased. If it cannot be determined or is not located on the territory of the Russian Federation, then the localization of property values \u200b\u200bof the testator is taken into account.
If the inheritance is found at different points, the location of the most expensive (according to estimates based on the average market value) real estate will be considered the place of its opening, and in its absence - movable.
You should contact a notary no later than six months from the moment of opening the inheritance, determined by Article 1114 of the Civil Code of the Russian Federation as the date of death of a citizen or the release of a court order announcing this fact.
For the inheritors who acquire such a right only after the refusal of the top-priority applicants, another six months is added to the maximum application period. And in cases where direct rightholders ignore the acceptance of property and obligations, the persons following them are obliged to declare their claims within nine months from the date of opening the inheritance.
Declaration of inheritance
The successor can express a desire to acquire the inheritance property by submitting an application. It must be handwritten on paper or typed on a computer and must contain the applicant's signature. If the application is submitted by the inheritor not personally, but by mail, his signature under the text is preliminary certified by a notary.
There is also a possibility that will carry out all the necessary actions for this on the basis of a notarized order of the successor. Such an order (power of attorney) is not required if the parent (guardian) of the minor (incapacitated) heir is acting as a representative.
When drawing up an application, you should indicate:
- Full name of the notary and the territory assigned to him, for example, "To the notary of Podolsk Ivanov Evgeny Vasilyevich".
- Full name and address of the applicant, and, if it is not the heir, the full name and address of the heir, as well as information on the basis on which the representation is carried out (“from Viktor Fedorovich Petrov, guardian of the incapacitated Ekaterina Pavlovna Petrova”).
- The purpose of the application (to accept the inheritance and / or to issue a certificate of inheritance).
- Name, address, date of death of the testator.
- The basis for the applicant's inheritance.
- A list of the heirs of the current turn by law or appointed in the will (surname, name, patronymic, registration address).
- A brief description of the inherited property and the principle of its distribution among the successors (if there are orders of the testator or an agreement on the division of property between the heirs themselves).
- Other significant circumstances are the unborn descendants of the testator, dependents, copyright holders of an obligatory share, etc.
Basic list of required documents
An exhaustive list of documents required for registration of an inheritance cannot be determined without taking into account the specifics of the case. But there is a basic package of papers that the notary will require from the inheritors in any case.
It includes:
- Proof of identity of the applicant.
- Death certificate of the testator.
- Certificate of the place of opening the inheritance.
- A document confirming that the applicant belongs to the current succession queue.
- Deeds of title to inherited property.
- Official confirmation of the authority of the successor's representative.
- Receipt for payment of state duty.
- Report on the determination of the estimated value of the property being formalized.
- Documents establishing the benefits of the inheritor.
- Confirmation of the rights of the applicant inheriting on special grounds.
Papers that may be required by the inheritor in the future are transferred to the notary in the form of copies.
Identification
To establish the identity of the applicant, it is suitable:
- Passport of a citizen of the Russian Federation.
- Military passport, sailor.
- Foreign citizen's passport.
- Residence.
- Temporary residence permit.
If none of the listed documents is present, the notary can accept another one that unambiguously identifies the identity of the inheritor.
Death certificate
The stamp certificate allows to confirm the death of a person. It is issued by the Civil Registry Office in response to the applicant's request, on the basis of a medical certificate of death or a court decision declaring the citizen dead.
This document is the most significant in the process of succession. Without it, the notary will not open an inheritance case and will not even provide the applicant with information about the existence of a will, since the death of the testator will not be confirmed.
Priority in obtaining a certificate belongs to the closest relatives (at the time of death) and family members of the deceased or interested persons (for example, those indicated in his will).
Certificate of the place of opening the inheritance
The place of opening of the inheritance is the notary district, covering the address:
- the last registration of the deceased (at the place of residence, not stay);
- finding real estate (if there is a lot of it and it is geographically scattered, then at the place of its most valuable part);
- location of movable property (its most valuable part).
These landmarks are presented in order of their importance - from the most important and further: if the place of residence of the testator cannot be determined, or it is located abroad, the location of the real estate is taken into account, etc.
To confirm the last address of residence of the testator, a certificate from the authorized division of the Ministry of Internal Affairs on migration issues (passport office) is presented. The location of the inherited property can be found in the documents of title to them.
Confirmation of relationship
In the absence of a will, or if it was not found, the acceptance of the inheritance takes place in accordance with Chapter 63 of the Civil Code of the Russian Federation.
From (in the absence of such, the second, third or subsequent stages) are required to present the documents described above, but instead of a will, a paper is brought confirming the relationship with the deceased, and its photocopy. These include certificates of birth, marriage, change of surname, adoption, etc.
If the first-priority applicant refused the inheritance or died before its opening, the recipient following him in line, along with the rest of the list of papers, must provide a certified written waiver or death certificate.
Parents who have been deprived of their rights in relation to the child-testator, or persons who maliciously evaded their responsibilities for the maintenance and care of the deceased, are recognized as unworthy of inheritance.
Deeds of title to inherited property
These securities include:
- residential premises privatization agreement;
- contract of sale;
- gift;
- an extract from the Unified State Register of Real Estate (can be obtained from Rosreestr);
- an agreement for opening a deposit in a bank (but in most cases it is enough to submit a request to a financial institution);
- certificate of the right to inheritance (suitable if the property was not registered as the property of the deceased).
Any of the listed documents must establish the property right of the testator to the property accepted.
Document confirming the authority of the representative
If the execution of the inheritance is not carried out by the inheritor, but by his representative, a power of attorney or a certificate of authority of the legal representative must be included in the basic list of documents.
The power of attorney is drawn up by an adult, fully capable inheritor to another person with similar legal capacity, at his own discretion.
The written authorization (as the power of attorney is called in legal language) indicates:
- the volume and nature of the assigned tasks;
- term and / or conditions of validity of the paper;
- information about the representative;
- the possibility of submission (transfer by a representative of the assigned powers to a third party).
A legal representative is required for a minor or incompletely legally capable successor - he is not entitled to enter into inheritance on his own:
- for a child under 18 years old, this will be done by the parent / adoptive parent or, if they are not there, by the guardian / custodian;
- for a person with limited legal capacity - a guardian appointed by the guardianship and trusteeship authorities;
- for a completely incapacitated person - a guardian.
They do not need a power of attorney to confirm their authority. In such cases, a birth certificate (for a parent) or a document confirming the appointment as guardian / custodian is required.
Receipt for payment of state duty
The state fee is paid by the applicant in the case of a certificate of the right to inheritance.
By law, he is charged:
- 0,3 % from the assessed value of the inherited property (if the payer is a close relative of the deceased - father, mother, spouse, child, brother, sister);
- 0,6 % - for all other inheritors.
You can take the details for payment from a notary, and after transferring funds, bring him the corresponding receipt.
Evaluation report
To calculate the amount of the state duty, it is necessary to know the estimated value of the testator's property. And for this purpose, the applicant should contact:
- The Bureau of Technical Inventory or Rosreestr to obtain statistical data on the value of the reported real estate object. As a result, a certificate will be issued about the inventory or cadastral value of the premises, structure or land plot.
- An organization specializing in the conduct of appraisal expertise (appraisers must be independent and included in the SRO of appraisers). As a result of the work done by them, the market value * becomes known, which is reflected in the report, which is later attached to the list of securities required for inheritance.
* - the market value is relevant when calculating the state duty for the registration of any material object - a vehicle, real estate, a share in a business community, etc.
Note! The notary has no right to demand from the inheritor to provide data on the performance of any specific valuation method. Moreover, he is obliged to take into account the lowest available value, provided that the estimate has been made reliably, taking into account all existing standards.
Document confirming benefits
The Tax Code of the Russian Federation provides for benefits for the payment of state duty for obtaining a certificate of the right to inheritance. They are available to the following categories of inheritors:
- minors - upon presentation of a birth certificate by a legal representative;
- incapacitated - on the basis of the relevant court decision (the notary is required to submit an extract from the judicial act);
- disabled people of I, II groups - according to the conclusion of a medical and sanitary examination;
- recipients of a dwelling who lived in it earlier - confirmed by a certificate of registration of the heir at the place of residence.
Recipients of bank deposits, unpaid pensions, benefits and other payments due to the deceased do not need to spend money on their registration - according to paragraph 5 of Art. 333.38 of the Tax Code of the Russian Federation, the state duty is not charged for them.
For recipients of a compulsory share, heirs by right of representation or by way of hereditary transmission
For recipients of the mandatory share, these are:
- confirmation of kinship and disability (for example, birth certificate + certificate of disability);
- proof of dependency for at least 1 year and joint residence with the testator (if the successor is not a relative) - a court decision on establishing the fact of dependency, with notes necessary for a specific situation;
- documents substantiating the rights of successors under the law of the current queue (to determine the size of the mandatory share).
Heirs by the right of representation can claim inheritance property only in the event of the death of their parent earlier or at the same time as the testator. Therefore, when registering it, they will need:
- parent's death certificate;
- the birth certificate of the parent (if he was the child of the testator) and the birth certificate of the testator himself (if he was the parent's brother or sister);
- your birth certificate.
The successor in the order of hereditary transmission will need to present confirmation of his rights to the inheritance of a person who died later than the testator, but did not manage to take his property:
- death certificate of such person;
- certificate of his relationship with the testator;
- a document establishing the applicant's right to belong to the successors of the deceased heir (certificate of relationship, matrimony or testament).
List of documents for inheritance for certain types of property
There are several types of property and each of them requires the submission of a certain list of papers.
For an apartment, house, real estate
Registration takes place after submitting an application and the following documents:
- deeds of title (contracts of privatization, exchange, purchase and sale);
- technical and cadastral passport;
- certificate of the absence of debt obligations for the property;
- a document indicating the assessed value of the object.
On a land plot
In this case, the ownership of the inheritor is transferred to water, soil and plant resources located within the territory. This requires confirmation in the form:
- certificates of absence of tax arrears;
- extract from the Unified State Register of Real Estate;
- boundary plan;
- deed of title (deed of gift, purchase and sale agreement, certificate of ownership or lifetime inherited possession, extract from household book, etc.);
- certificate of approval of the appraised value.
By car
To accept movable property, the following package of certificates and acts is required:
- technical passport;
- registration certificate;
- the contract on the basis of which the vehicle was received by the previous owner;
- paper fixing the assessed value of the property at the time of the death of the testator.
For securities
Funds from the accounts and deposits of the deceased are inherited if there is an agreement for their opening and replenishment or a savings book. To send a request on the state of the account, the notary must provide the bank data.
When inheriting a share in a business company, an extract of the deceased's membership in it is required (issued by an authorized employee of the organization) and permission to join the ranks of the LLC participants (if it does not exist, the inheritor will only be issued monetary compensation for the share).
To receive shares, the applicant will need to provide the notary with an extract from the register of shareholders of the company.
Documents for inheritance through the court
The inheritance procedure does not always go smoothly. And when at least one of its links is violated, the inheritance case from the notary goes to the judge, who is now responsible for observing the legality of the succession.
The most common reasons for bringing inheritance issues to court are:
- missing the deadline for accepting the property of the deceased;
- recognition of the fact of inheritance;
- the establishment of family ties between the alleged heir and the testator.
Each occasion requires a certain set of official papers and other materials relevant to the case.
Restoring the term
Even after half a year from the date of opening, the inheritance can be accepted by the recipient if he is not informed about the death of the testator or for other valid reasons. You should go to court no later than six months after the obstacles have been removed.
To initiate legal proceedings, the plaintiff will need:
- a claim for the restoration of the term for accepting the inheritance;
- a copy of the will or certificate confirming the applicant's inheritance rights;
- death certificate of the testator;
- refusal of the notary to register the inheritance at the request of the plaintiff;
- a report on the conduct of an independent appraised value of the inheritance object or a certificate of cadastral value;
- deeds of title to the property, on the basis of which the previous owner owned it;
- evidence base (includes available evidence of the plaintiff's exclusive employment and the insurmountable obstacles to the timely acceptance of the inheritance).
A certified written consent of the remaining heirs who have already accepted the property will help to avoid legal proceedings. With this document, the new heir should contact a notary to annul the previous certificate.
Establishment of the fact of acceptance of inheritance
The property of the deceased can be accepted in fact, without the participation of a notary, but if the successor needs to formalize it, one cannot do without a court. An exception is cases when less than 6 months have passed since the death of the testator. Then the inheritance can be made according to the standard procedure.
To go to court, the applicant will need the following documents:
- statement on establishing the fact of acceptance of the inheritance;
- papers confirming the right to obtain property rights of the deceased;
- passport / birth certificate of the applicant (in the latter case, the passport of the parent);
- sale and purchase agreement, donation, vehicle registration certificate, extract from the Unified State Register of Real Estate or other documents on which the testator's ownership of the property transferred after his death was based;
- proof of actual inheritance - receipts for payment of the deceased's debt obligations, a certificate from a notary about his taking measures to protect and manage the inherited property at the request of the inheritor, an agreement for the provision of repair services to the inheritance object, a certificate of registration of the place of residence or stay on the inherited housing, testimony witnesses, etc.).
Acknowledgment of kinship
The need to establish family relations in court for successors may arise in the absence of supporting documents and the possibility of their restoration. For example, when information about registration of a civil status act is not in the state archives.
The list of basic documents to be presented to a notary is not large - all that is required is a death certificate of the testator and confirmation of his ownership of the inheritance. But besides this, the judge will need evidence on the basis of which he will make a decision on satisfying the applicant's claims or refusing.
As evidence, the following are suitable:
- information from the archives of a maternity hospital or other state institution, where data on family ties between the applicant and the deceased could be noted;
- dNA test results;
- testimony of witnesses;
- photo and video materials.
If there is a will
Any citizen specified in the deed of unilateral will of the testator, regardless of kinship, can inherit the property.
The document is considered valid if the following criteria are met:
- was drawn up personally by the person transferring his property rights and obligations, with his full legal capacity;
- certified by a notary (the exception is the cases prescribed in clause 7 of article 1125, article 1127, clause 2 of article 1128 and article 1129 of the Civil Code of the Russian Federation);
- was signed by witnesses not interested in inheritance (mandatory clause when certifying a closed will);
- is the last will of the testator (each subsequent will regarding the same property annuls the previous one).
If the will is authentic, the persons mentioned in it must appear before a notary with a list of the following documents:
- identity document of the inheritor;
- testator's death certificate (+ photocopy);
- will (a copy kept by the deceased);
- a certificate confirming the last place of registration of the testator;
- extract from the House Book.
If there is no document
The heir must find or restore the missing document. Otherwise, the succession process will not be carried out.
It is not difficult to obtain a duplicate certificate of your birth, marriage with the deceased, or your identity card. The lost paper concerns the applicant directly and within one day can be obtained from the Civil Registry Office. The same applies to lost copies / extracts from judicial acts. You can apply for the issuance of new ones to the authorized judicial authority.
But finding or restoring some of them can give the heir a lot of trouble. These include:
- will;
- death certificate;
- confirmation of the applicant's belonging to the current succession queue.
Finding a will
The most difficult moment when collecting papers can be the search for a will. The fact is that in some cases the copyright holder, for whatever reason, does not inform his heirs about the location of his copy of the document. And then, after his death, they may not find it in the personal belongings of the deceased.
Then the inheritors can apply to the notary offices at the place of the last registration of the deceased with requests for the discovery of the will. And in the absence of results, and to other authorized institutions of the city. If this did not help, then it makes sense to submit a written request to the notary chamber of the region.
Duplicate death certificate
In the registry office, only a relative of the deceased or an interested person can issue a repeated certificate (and the heir is such even in the absence of kinship).
Therefore, to obtain a duplicate, the successor must submit to the authorized body:
- identification;
- certificate of relationship with the deceased;
- will (if it is in hand);
- a notary's certificate on the opening of an inheritance case (if there is no will or relationship).
The same applies to obtaining documentary evidence of the applicant's inheritance rights - if for this a birth certificate, adoption or marriage with the deceased is not enough (for example, in cases of inheritance by successors, starting from the second stage onwards), you can get a duplicate of the missing paper in the registry office at the same grounds.
Documents for state registration of inheritance
Few of the inheritors are limited only to the acceptance of inherited property. Indeed, in order to become its full owner, state registration of the received object is required. And this entails the collection of new papers.
The first mandatory document, unchanged for the registration of all types of inherited property, is a certificate of the right to inheritance. His successor receives from a notary, according to an appropriate application, which can be submitted both during the acceptance of the inheritance and later (the inheritance case is drawn up for temporary storage after 5 years from the date of death of the testator).
This act becomes for the new owner the right-asserting and it is on its basis that the property is re-registered or the inherited bank deposits are issued.
The list of necessary papers is continued by certificates, passports, reports and plans describing the property or vehicle from the technical and financial point of view. To register land, residential, utility or industrial premises, the necessary information can be requested from Rosreestr, for a car - obtained on the basis of a technical inspection from an accredited specialist.
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