What documents are needed for inheritance by law and by will

In the Russian Federation, issues related to the inheritance of immovable and movable property are clearly indicated in part 3 of the Civil Code. The object of transfer to the successors may be any property that is owned, in particular, a dwelling, money, cultural or everyday values, the right to publish, and so on. According to Art. 1112 of the Civil Code is subject to inheritance of everything that can be transferred to other persons.

Subtleties of design

Not everyone knows what documents are needed for inheritance. The list of securities will depend directly on the subject itself, which passes to the successors. The method of inheritance also matters: by law or by will. In addition, it should be noted that, along with a certain benefit, succession can entail a number of difficulties. For example, the deceased's debt, like his property, is also inherited. This means that the loans that the deceased had to be repaid by the successors.

General order

You can get a certificate of inheritance from a notary. If for some reason he refused to issue a paper, he will have to go to court. The inheritance procedure itself is not accompanied by particular difficulties. However, the law establishes a number of conditions in accordance with which the property of the deceased is accepted without obstacles. In particular, it is necessary to declare inheritance within six months from the date of the death of the testator. Successors must have title deed for the property, and there should be no dispute between them. Within six months from the death of the testator, you must contact the notary with a corresponding statement. Title documents on property are attached to it. After 6 months, you should again visit a notary to continue the design of the inheritance. Upon repeated appeal, a certificate of transfer of property to successors will be issued.

Important point

The right of ownership when accepting real estate arises from the date of opening the inheritance. It is established in Art. 1152, paragraph 4 of the Civil Code. A successor may register property in the Rossreestr of his subject. Registration of the inheritance can be entrusted to the representative. To do this, you need to draw up the appropriate paper, where his authority will be spelled out.

Court order

There are times when, for some reason, the deadline by which you can submit an application is missed. In this case, the notary may refuse to issue a certificate in writing. However, in this case, the heir may reside in the apartment of the deceased, bear the burden of its maintenance or be liable for the debts of the former owner. All these actions are considered the actual acceptance of the property.

However, in order to prove ownership of the property and legalize ownership, you must go to court. What documents are needed for inheritance in this case? First of all, a statement of claim should be made. It sets out the essence of the matter, explains the reasons for missing the deadline. Further in the text, those actions that indicate actual ownership of property are mentioned. In particular, this may be a monthly payment of utilities, repairs, land cultivation, debt payments. All these facts must be confirmed by relevant documents: receipts, certificates, testimonies of neighbors and so on. These papers are necessarily attached to the lawsuit.Documents along with the application are submitted to the district court at the location of the property. The decision that will be made in the first instance, if positive, replaces the certificate of inheritance and acts as a document - the basis for registration of ownership. This means that there is no need to return with a court decision to a notary to receive a certificate of transfer of property from him. This procedure applies to inheritance in both forms.

Primary papers

What documents are required for inheritance within 6 months from the date of death? First of all, this is a certificate issued by the registry office that the person really died. Attach to it:

1. A certificate from the place of last residence of the deceased.
2. Documents certifying family relations with the testator (copies and originals):

• marriage certificate (for wife / husband);
• birth certificate (to parents / children);
• certificate of change of surname.

And what documents are needed to inherit in Ukraine? The TIN of the successor, a certificate of the family composition of the deceased at the time of death should be added to the list. The passport of the successor in all cases also acts as a binding document.

What documents are needed for inheritance by will?

To the above list should be added a paper in which the will of the deceased will be stated. This document must contain a notary's notation that the will has not been changed and has not been revoked. This paper must be presented in two copies: the original and copies.

What documents are needed for inheritance in residential real estate?

To accept the property, you must submit:

1. Legal documents (originals and copies). They may include:

• Certificate of state registration of law.
• Certificate of payment of shares.
• The contract of privatization, sale, participation in construction and so on.

2. An extract from the personal account on the absence of debts for utilities.

3. BTI certificate of the inventory value or assessment report at the time of the death of the testator.

Property Nuances

This list allows you to understand what documents are needed to inherit an apartment. In general, paper is identical for rooms and buildings. That is, to find out what documents are needed to enter the inheritance at home, it is enough to familiarize yourself with the above list. Cases when the deceased was the owner of a part of the room or structure are quite common. The procedure for acceptance of property by successors will also not differ from the established one. In this case, there is no need to request any additional information or to obtain consent from other owners. The list, which indicates what documents are needed to inherit a share in the apartment, will also be similar to that indicated above.

How to draw up the land?

The list of papers in this case will be slightly different from the list, which indicates what documents are needed for inheritance at the apartment. In particular, the notary should be presented with:

1. Certificate of ownership of the land or a decision on the provision of its ownership.
2. Certificate from the tax service about the absence of debts on obligatory payments to the budget.
3. The cadastral plan of the land plot, in which its value must be indicated on the date of the owner’s death and there should be a note on the absence or presence of prohibitions or arrests.
4. If there is no inventory assessment, then you should request it and then submit a report.