The court considers various disputes regarding the recognition of inheritance. Among them, cases on objects of succession, division of property in the absence of a will, certified by a notary. Cases are also being investigated on the restoration of legal rights to receive the required property when the time has expired (the actual acceptance of the inheritance can be carried out within 6 months from the date of its opening). There are times when successors commit unlawful acts against the testator. In these cases, they may be deprived of their right to a share in the property. One of the controversial issues in notarial and judicial practice is the actual acceptance of the inheritance. 
Law
The succession procedure is established in the Civil Code. The actual acceptance of the inheritance, which is relied on by will or law, as mentioned above, may be carried out within six months from the date of death of the owner. To do this, you need to visit a notary. He should be given a statement of the actual acceptance of the inheritance and a package of documents confirming the succession. The notary office is usually visited in person. However, the law allows the actual acceptance of the inheritance through a representative. In this case, the power of attorney should contain a corresponding clause indicating the person’s authority to perform these actions.
Recognition of Succession
In accordance with the law, the actual acceptance of the inheritance involves certain actions. Their list is not considered exhaustive. In this regard, in some cases, the outcome of the case will depend on the ingenuity of the lawyer. Actual acceptance of the inheritance in practice is considered a difficult fact. Particularly often difficulties arise if the proof is carried out in the course of resolving a dispute between successors. 
Action list
According to Art. 1153 of the Civil Code, it is believed that the inheritance has been accepted (until otherwise proven) if the successor has committed actions that indicate this fact. These include:
- Entry into use or management of transitional property.
- Taking measures to preserve property, protect it from claims or encroachments of third parties. These measures may include:
- installation of a new lock in the door or equipment of a residential building with a security alarm;
- transferring some things of the owner to himself to ensure their safety;
- appeal to an official (including a notary public) about taking measures to protect property;
- filing a claim against persons who illegally seized the property of the deceased, and so on.
3. The implementation at its own expense of expenses related to the maintenance of the property.
4. Repayment of debts of the deceased or receipt of money due from third parties. 
Nuances
In paragraph 2 of Art. 1153, the presumption of acceptance by the successor of an inheritance is fixed if he has committed any actions indicating his actual acceptance of the inheritance. As mentioned above, the list of these activities is not considered exhaustive. This is due to the presence of a “in particular” clause. In this regard, many judges are of the opinion that the organization of a funeral is one of the actions testifying to the acceptance of the inheritance. 
Required paper
Acceptance of the inheritance must be confirmed by relevant documents:
- Certificates of the housing department or the territorial self-government bodies, the internal affairs department about the joint residence of the successor with the testator on the death date of the latter or in his residential premises.
- Receipts for the payment of utility, tax, insurance fees, contributions to cooperatives and other deductions in respect of transferring property or other securities from the relevant authorities, which contain instructions for receiving the latest funds.
- Certificates from the local administration, management of country, housing, garage societies about the use of property by the heir. For example, it can be documents on the repair of a summer residence, land cultivation, use of a garage, and so on.
- A copy of the successor’s claim against persons who unjustifiably seized the property of the deceased, with a court mark on the initiation of proceedings, as well as the determination of the court to suspend the issuance of a certificate of inheritance.
- Agreements with legal entities on the implementation of property improvement, leasing, equipment with burglar alarms.
- Receipts for repayment of a loan that was received by the testator, or another loan issued by a bank or other organization.
- Other documents indicating that the successor has taken actions aimed at obtaining the property of the deceased.
These papers must indicate that the activities were carried out by the heir within the time period established for adoption.
Features of the preparation of supporting documents
Certificates and other papers from state bodies or local authorities, as well as other organizations, regardless of their form of ownership, should be compiled in accordance with the rules of general office work. Information must be provided on the appropriate form or have a seal, stamp, outgoing number, and the date of writing. Documents are certified by signatures of officials with decryption. 
Actual Acceptance of Inheritance: Statement of Claim
The total property of the deceased should be divided equally between all successors. If the persons applying for part of the property in accordance with the will have reason to demand a decrease in the mandatory share or refuse to award it, they can appeal to the court with this requirement.
If any of the successors for any reason missed the time set for obtaining rights to the property, the notary cannot independently issue him the appropriate document for transferring part of the property to him. In this case, a statement of claim is filed about the actual acceptance of the inheritance in court. Various evidence and documents may serve as substantial evidence of the validity of the reasons for the failure to take the necessary actions during the period established by law. They may indicate that the successor did not receive death information or was unable to arrive on time for other reasons. The claim for the actual acceptance of the inheritance must be accompanied by documented evidence: certificates of kinship of the plaintiff with the deceased, a certificate of ownership of the property that is to be the successor, and other papers. 
Drawing up a claim
The request is made out in accordance with the general rules for applying to the court. The application must indicate the name of the authority to which it is submitted, details, full name and the address of the plaintiff. If the appeal is connected with claims to a third party regarding his unlawful actions regarding the transferred property, then the document must also contain the details of the defendant (full name, place of residence are also indicated). The content shall indicate the circumstances of the case. It is recommended that the facts be listed in chronological order.
It is most expedient to start with a description of the relations in which the successor and the testator were before his death, indicate relation degree, date of death, composition of property. The following is the evidence and arguments. If the dispute is about the illegality of the actions of a third party, then there must be confirmation of this fact.It is advisable to have witnesses who could testify directly in court. If the case of actual adoption is considered, then circumstances are indicated, and evidence of the successor performing the actions listed in the law indicating this fact is provided. The claim should be filed at the place of residence of the defendant or owner. In the process of legal proceedings, the notary stops the issuance of certificates of inheritance until the end of the proceedings.
