The inheritance is represented by certain property transferred from the deceased person to the heirs. Recipients of values are determined by will, but if this document is not available, then property is distributed among the legal heirs who are relatives of the deceased. Accept inheritance is required within six months after the death of a citizen. If for any reason this period is skipped, then a restoration of the period for acceptance of the inheritance is required. The procedure can be performed in pre-trial or judicial proceedings. A positive result is possible only if there are good reasons for missing.
Rules for inheritance
After the death of a person, the opening of the inheritance by the appointed notary takes place. The procedure has the following features:
- All heirs are notified by law or testament that they need to draw up an application and pay a fee for inheritance;
- after performing these actions, citizens receive a certificate of inheritance, which acts as a title document for various property;
- Implement all stages required within 6 months;
- some citizens actually inherit, for which they use the values of a deceased person without official registration, moreover, they can draw up paper for property in the future;
- six months later, the inheritance case is closed, so all people who for various reasons could not submit an application can no longer claim property.
There is an opportunity to restore the deadline for the adoption of the inheritance, but the procedure has many difficulties. Initially, a citizen must have good reason for such a pass.
What reasons are considered valid?
The restoration of the missed deadline for accepting the inheritance is permitted only if there are good reasons for such a pass. The legislation does not contain a list of such grounds, therefore, each case is considered individually. In judicial practice, the following reasons were considered valid:
- the heir did not receive a notice that his relative had died, so he simply did not know that he had to go to a notary to draw up a statement;
- the testator was missing to death, so his relatives did not know about his whereabouts;
- a citizen could not enter into an inheritance, as he was undergoing serious treatment or was at all in a coma;
- the person was in another country, and also he did not have the opportunity to visit Russia;
- the heir was in prison.
An ordinary cold or other short-term illnesses cannot be used as a good reason for restoring the period for accepting an inheritance. It does not take into account that the citizen did not know the requirements of the legislation or was not aware that any property remained after the death of the testator.
Pre-trial inheritance procedure
If the heir finds out that he had to come to the notary public earlier to accept the inheritance, then he may initially try to restore the missed term by pre-trial procedure. It can be effective only if there are other heirs who have accepted the inheritance in a timely manner. All these citizens must agree that the term for the citizen be restored.
If the term is missed by the sole heir, then its restoration is allowed exclusively through the court.
Obtaining consent from the heirs
Initially, it is necessary to obtain consent for the restoration of the period for acceptance of the inheritance from other heirs. For this, a request for consent is drawn up, on the basis of which the citizen will be included in the list of heirs. Such a statement on the restoration of the term for acceptance of the inheritance is quite simple to compose, since it is formed in free form.
Each applicant must make an agreement, after which this document is transmitted to the notary. If there is consent from all the heirs, the redistribution of values occurs, therefore, people who have already received property will face a decrease in their share. Often this can lead to a loss of property, since if a heir is missed by will, then after his restoration, the heirs, by law, lose their right to value.
Obtaining a certificate from a notary
As soon as consent is obtained from all the heirs, the previous certificates of inheritance issued by the notary are canceled. Therefore, new evidence is issued based on the redistribution of values.
If citizens have already registered their right to values with the Rosreestr, then on the basis of a special certificate from a notary public, adjustments are made to the registry.
Court order
Most often, heirs who have already entered into the inheritance refuse to draw up consent to restore the term for another citizen. In this case, you will have to use the judicial method of restoring the term of acceptance of the inheritance. Judicial practice shows that this is possible only if there is evidence from the citizen that the pass is really connected with good reason. It is advisable to first involve a professional lawyer in this process.
The features of the judicial order include:
- Defendants are other heirs who have already accepted the inheritance.
- The claim is the restoration of the term.
- If the court makes a positive decision, then the certificates issued earlier by the notary are canceled.
- Information on the reason for missing this period shall be included in the statement of claim for the restoration of the term for acceptance of the inheritance.
Such litigation is considered quite popular, since usually the heirs do not want to distribute previously obtained values. The practice of restoring the term for accepting an inheritance shows that the plaintiff's requirements are satisfied only if he has official documents confirming that he did not know about the death of the testator or could not come to the notary for various good reasons.
It is necessary to go to court within six months after the loss of reasons why a citizen could not turn to a notary public on time. After the expiration of this period, the limitation period expires, so the citizen will no longer be able to rely on the property of a deceased relative.
Claim preparation
To appeal to the court it is important to prepare a competent statement of claim on the restoration of the missed deadline for the adoption of the inheritance. The procedure can be performed independently or with the help of invited lawyers. The content of this document depends on the reason for missing the deadline. It is advisable to leave references to various provisions of the Code of Civil Procedure and Civil Code in this document. A sample statement of claim for restoring the term for accepting an inheritance is located below.
When compiling this document, the following information must be entered:
- name of the court where the application is transmitted;
- information about the applicant provided by the full name, information from the passport, place of residence and contact details;
- information about all defendants represented by heirs who entered the inheritance in a timely manner;
- The circumstances of a particular case are described;
- a list of property received by other heirs is given;
- indicates the reason why the citizen was not able to enter the inheritance in a timely manner;
- a request for the restoration of this period is prescribed;
- all documents attached to the application are listed, and they should be evidence that the deadline was really missed for good reason;
- at the end the signature and the date of formation of the application are put.
It is advisable to use a sample application for the restoration of the acceptance of the inheritance, if the procedure is carried out independently. This helps to prevent the appearance of various errors and shortcomings.
The claim for the restoration of the period for the acceptance of the inheritance is drawn up in several copies, since one is sent to the court, and the other copies must be received by the defendants.
What documents are needed?
Additional documents must be attached to the statement of claim. These include:
- receipt confirming payment of state duty;
- documents proving that the deadline was really missed for a good reason;
- a copy of the death certificate of the relative whose property the plaintiff claims;
- documentation confirming the status of a citizen as an heir, for example, a will or papers indicating the existence of family ties with the testator;
- refusal to redistribute the inheritance received from a notary public.
The statement of claim for the restoration of the period for acceptance of the inheritance with other documents shall be sent to the court.
If the value of the property claimed by the plaintiff is less than 50 thousand rubles, then the application is transferred to the justice of the peace. If the value of the value is more than 50 thousand rubles, then the application for the restoration of the period for acceptance of the inheritance is submitted to the district court. If the property is included in the estate, then an application must be filed with the court at its location.
Submission of documents to the court
As soon as the entire package of documents is completely ready, they are transferred to a correctly selected court. Additionally, copies of claims are mailed to all defendants.
Often, the plaintiff does not know the location of any defendant. Under these conditions, a document is presented to the district court at the last place of residence.
Holding a court hearing
The court considers all evidence confirming that the citizen missed the deadline established by law, for good reason. The objections of the defendants are being studied.
If a positive decision is made on the claim, then the certificate of inheritance previously issued by the notary is canceled. Further, the court determines the shares that all the heirs receive. Measures are being taken to protect the rights of the new heir so that he can easily get his share of the inheritance.
After completing this process, the new heir is not required to contact a notary to obtain a certificate. A court decision acts as a title document. Using this document, adjustments are made to the Rosreestr.
When is a negative decision made?
Many people who did not contact the notary after the death of the testator in a timely manner, think about how the restoration of the term of acceptance of the inheritance occurs. A sample statement of claim makes it easy to draw up a document yourself. But, claims are not always satisfied. The court refusal may be due to the following reasons:
- there is no evidence that missing the deadline is due to really good reasons;
- defendants have evidence that a citizen could have come to a notary public and knew about the death of a relative;
- more than six months have passed since the citizen learned about the death of the testator or was cured, so he missed the additional statute of limitations.
The procedure for restoration of inheritance rights due to missing the deadline is considered quite complicated.In judicial practice, there were cases when a citizen had evidence of good reason, but the court still did not satisfy the claims.
What to do if there are no good reasons?
Often, a citizen has no good reason for missing the deadline, but he still did not manage to turn to a notary with a statement within the prescribed period of time. In this case, there is no opportunity to receive any part of the inheritance.
Often, citizens consider their reasons to be valid. These may include being on vacation or working in another city. Usually, such claims are rejected by the court, but if you collect as many documents as possible confirming the inability to come to another city, then there is a possibility of a restoration of the term.
If the court takes a negative decision, then the only way out of the situation is to obtain consent from other heirs. To do this, it is advisable to negotiate with them in a peaceful way. If there are hostile relations between the heirs, then the term cannot be restored.
What to do if there is no property after the restoration of the term?
Often the heirs who have inherited in a timely manner, immediately after registration of the right to the property, decide to sell it. In this case, after the restoration of the term by another heir, a situation arises when the property no longer exists.
Under such conditions, the law provides for the possibility of replacing certain property values with monetary compensation. Its size depends on the share of the citizen in the property sold. The heir who sold the property will have to pay another heir, who restored his rights, the amount of money established by the court.
If a citizen lacks funds or refuses to transfer them, then a lawsuit is filed with the court for the forced collection of money. The court makes a positive decision on such a claim, therefore the bailiffs will continue to collect funds. They can use different measures of influence on citizens, therefore they impose an arrest on accounts or property, prohibit travel outside the country or even confiscate and sell valuables. Additionally, a certain amount of funds sent to the recipient of money is monthly removed from the salary card.
Conclusion
If, for good reason, a citizen misses the period during which it is necessary to enter into the inheritance, then it can be restored. A pre-trial or judicial order may be used for this.
To appeal to the court, it is important to prepare a competent statement of claim and other documents that are proof of the citizen's rightness. If the court makes a positive decision, then the testator’s property is redistributed.