Sooner or later, you may encounter a rather delicate question about the need to enter into the inheritance after the death of the most dear people. After all, everyone in life somehow has to survive the loss of a loved one.The death of mothers and fathers, who raised us, worried about our successes and failures, and throughout our lives gave us warmth and care, is especially difficult. Let's try to understand this article, how to enter inheritance rights and what is required for this.
Basic regulatory framework
Issues of inheritance are regulated by the norms of the current Russian legislation. The fundamental regulatory legal act is the Civil Code of Russia. Chapters 61-65 of section V of this document describe in detail all the procedural nuances of how to enter into inheritance rights. Everyone needs to know this in order to be legally literate.
Legally inherit
Inheritance can occur in order of priority, if it is not changed by will. According to the law, children, including those conceived during life and born after the death of a parent, have a direct right to inheritance, since, along with the parents and the spouse of the testator, they are considered heirs of the first priority. If children do not accept the inheritance, refuse it or, by court decision, deprive it of this right and recognize them unworthy heirs the question arises of priority. So, the heirs of the second stage will include brothers, sisters, grandfathers, grandmothers. Next, the third stage - uncles, aunts. Then the rest of the relatives are in line degree of relationship (the fourth stage - great-grandfathers, great-grandmothers; the fifth - cousins: grandchildren, grandfathers, grandmothers; the sixth - cousins: great-grandchildren, nephews, uncles, aunts; the seventh - stepfather and stepmother, stepsons).
The grounds for depriving children of the right to inherit after the death of their parents can be facts proven in court: their direct intentional influence on the adoption by the testator of the decision on the distribution of the inheritance, illegal actions in relation to the testator, evasion of obligations to maintain it. If the children and all possible applicants abandoned their share, were deprived of it by a court decision, or there are no heirs at all, then the inheritance, called extinct, passes into the ownership of the settlement, district, district of the Russian Federation.
Inherit by will
Children have the right to inherit by will. Moreover, they should understand that any other circle of persons can be determined by will - not necessarily they or relatives who have the right to receive an inheritance by law. The exception is heirs with the right to a mandatory share in the inheritance. In any case, they will receive it.
Also, by the will of the testator, the heirs can claim the inheritance - people who qualify for the inheritance if the persons specified in the will refuse the property, as well as if they are no longer alive on the day the inheritance is opened. The will may define a circle of persons to care for, for example, pets. A beneficiary may also be listed in whose favor the fulfillment by the heirs of obligations of a property nature is entrusted - using property for a certain period of time, rendering services, etc. It is possible to exercise the right to receive a testament refusal within a three-year period.
The will must be in writing, indicating the date, place, drawn up in the presence of witnesses. It is signed personally by the testator or, on his behalf, by another person (indicating the reasons for this). Notarized. Otherwise, it is considered invalid. Maybe also closed will: its essence is not disclosed. No one has the right to disclose the information contained in the will, as well as to challenge the decision of the testator before the opening of the inheritance.
Parent-testator can be prepared not one, but several wills. Decisions made are subject to possible additions, changes or cancellations without indicating reasons. The testator independently determines to whom and what he intends to bequeath and in what shares. This can be movable and immovable property, besides that which is still planned for acquisition. If no shares are defined in the will, the property between the heirs is distributed equally in proportion. The testator has the right to choose a person who is ready to announce his will and control the receipt of the inheritance. However, by judicial decision, this person may be relieved of his duties.
Dates, opening place
The opening of an inheritance is carried out at the place of residence of the person or at the location of his property, if the place of residence is not known. If the issue of several types of movable and immovable property is considered, then the location of the most valuable is taken into account. The inheritance opens on the day of the testator's death. There is a practice of making decisions by a court on declaring a person dead, including on the date of his alleged death. Then the opening of the inheritance occurs on the date of entry into force of the decision made by the court. What does it mean to accept an inheritance? In order to receive the inheritance due to the heir, it must be accepted unconditionally and without reservation.
A child-heir may have the right to accept the inheritance simultaneously by law and by will. If one of the children accepted his share in the inheritance, this does not mean that the others accepted it. The hereditary property will belong to the heir from the day the case is opened, regardless of the actual date of the procedure for the adoption and state registration of the ownership of the property. If the heir has taken over the property, manages the property, ensures its safety, pays the debts of the testator, we are talking about the actual acceptance of the inheritance.
Which documents to whom to inherit after the death of parents
Registration of an inheritance involves the appeal of children, other heirs to a notary with a corresponding statement. You will have to apply at the location of the inheritance. You can come in person or send documents in absentia. The correspondence form involves the transfer of the application through third parties or by issuing a registered letter with notification. In this case, the heir’s signature on the application must be notarized at any other office. It is also possible to contact the notary through a representative holding a power of attorney with a reservation on the vesting of these powers. The power of attorney is not required only to legal representatives. But one statement is not enough to enter into the inheritance.
Documents required by a notary additionally:
- death certificate of the testator;
- birth and marriage certificates, serving as confirmation of kinship with him;
- certificate from the registry office, if there is a fact of a change of surname.
In order to enter into an inheritance at home, you must have the original certificate of state registration of ownership of it, a cadastral passport, a certificate of the value of the house for calculating the state duty, a certificate of registration confirming the fact of living with a person at the time of his death, an extract from the house book , an extract from the personal account on the absence of debts on utility bills.
How long does the inheritance procedure take
Legislation in hereditary matters is clearly regulated by the terms. It is possible to enter into the inheritance immediately upon its opening (from the moment of the death of a person or from the date of entry into legal force of a court decision on his alleged death) and until the end of 6 months.
If the heir for various reasons did not accept the inheritance, the right to it appears to other persons, and it lasts for 3 months. In case of refusal of the inheritance, recognition of the heir as unworthy by a court decision, a period of 6 months for the acceptance of the inheritance by other people in accordance with the law will be calculated from the date they have such a reason.
Registration of the inheritance ends with the receipt of a certificate of inheritance. It can be kept by each of the heirs. The document may be individual or general. Issued at the end of 6 months from the start of maintenance hereditary affairs. If the exact circle of persons who claim the inheritance is determined and it is reliably known that no other applicants can be announced, the document may be issued ahead of schedule.
What to do if deadlines are missed
There are situations when children, relatives do not communicate with each other, someone lives abroad. The heir may not be aware that he has a right to inherit, and therefore misses the deadlines. Upon receipt of awareness, but no later than 6 months after the expiration of the period established by law, he can apply to the court with a statement stating in it valid reasons for not accepting the inheritance, and will be restored to his rights. The court will review the shares of property. The certificates of inheritance held by the former heirs will be considered invalid and must be replaced by new ones.
A person who has received news of the right to inheritance at the end of six months from the date of opening of the inheritance case may be reinstated in the rights and without legal proceedings if consent is obtained from other heirs. This consent must be recorded on paper in the presence of a notary. It serves as the basis for the revision of the shares of property between the heirs and the receipt by each of them of new documentary evidence. At the same time, an obligatory clause is to amend the entry on registration of rights to real estate, if it was previously implemented.
What if one of the heirs dies. Who gets his share?
If a person, for example, one of the children dies before accepting the open inheritance, then the right to take his share will not belong to other children, but to the immediate heirs of the last deceased. This is the so-called hereditary transmission. As a reservation, it is worth noting that the transfer of law will be carried out on the same grounds as with the previous inheritance - by law or by will. The term for registration of the inheritance will continue until the end of six months. If less than half of this period is left, the period is extended to 3 months. If the deadlines are missed, the court may satisfy the application, taking into account the presence of valid reasons. The right of an obligatory share is not subject to transfer by hereditary transmission.
What else is important to know
In hereditary matters, children should understand a number of points:
- Non-blood relatives (adopted children) are equated with blood ones.
- If for a year or more the dependent testator had disabled citizens who are considered heirs by law, but who do not fall into the sequence of inheritance, they have equal rights with direct heirs. They are entitled to inherit as heirs of the eighth line in the absence of other relatives.
- A minor or disabled son, daughter, as well as a disabled spouse, parents, dependents owned by the testator at the time of his death, have every right to inherit after the death of the testator, since they inherit the mandatory share - at least half of the share of property due to him when inheriting according to the law, regardless of the will and its substantial component.In this case, the unquestioned, and in its absence, the bequest property is inherited, even if this leads to a reduction in the rights of other heirs. The grounds for refusal to receive or reduce the constituent part of the mandatory share can only be proved in court by the ground that the heir to this share did not live, for example, in an apartment, and for direct heirs housing serves as a place of residence. In this case, the property status of the heir to the required share will be taken into account.
- The second parent (husband / wife) inherits part of the joint property acquired in the marriage.
- Registration of the inheritance can be carried out in favor of legal entities, if such were listed in the will.
- If the family is expected to have another heir, the distribution of property will be carried out only after this event.
Real estate inheritance
If children have the right to inherit an apartment, each of them will receive the same number of square meters of living space (half, third), unless a different distribution of shares is recorded in the will. All property located in the apartment will be considered the common shared property of the children. It can be distributed by agreement of the parties on the basis of mutual agreement. However, the pre-emptive right to certain things will belong to children who lived in this apartment before the opening of the inheritance and used them in household appliances.
One or more of the heirs may refuse the inheritance accepted or proposed for acceptance. Refusal can be made in favor of other people from among applicants for the inheritance by law or by will, not deprived of this right, say, of the same children. But not in favor of third parties who have nothing to do with the inheritance. If the heir is called up only on one basis - by law or by will, part of the property cannot be waived. If there are several reasons, you can refuse one or more reasons. The exceptions are: an obligatory share in the inheritance, the presence of a successor and the case when the bequeathed property is completely transferred to the designated heirs. In such situations, failure is unacceptable.
The refusal must be carried out by filing a notary with the corresponding application within the time limit for acceptance of the inheritance. If the actual acceptance of the inheritance is made, the refusal of it is admissible in court after six months with an indication of good reasons. Failure may be modified or retroactive.
If the heir did not enter into the inheritance, refused it, without specifying in whose favor the part due to him will be redistributed among the heirs according to the law in proportion to the assigned shares. If there was a will, its share will be similarly distributed between applicants for the will.
Cost of inheritance services
When registering an inheritance, you must be prepared for financial costs. How much does it cost to inherit? The size of the notarial fee depends on the price of the property. For the heirs of the first, as well as the second, line is 0.3%, but not higher than 100 thousand rubles. For other categories - 0.6%, but not higher than 1 million rubles.
How much does it cost to inherit for certain categories of citizens? Article 333.38 of the Tax Code of Russia defines beneficiaries who are partially or fully exempt from notarial services. So, for disabled people of groups 1 and 2, the duty is reduced by 50%. There is no need to pay for issuing a certificate to individuals living together with a person at the time of his death and continuing to live in this apartment or apartment building after his death.
