Who are the heirs of the first stage? First Stage Heirs by Law

Inheritance is immovable and movable property transferred to the ownership of one or more persons (heirs) after the death of the legal owner. Civil law distinguishes the possibility of inheritance by will and by law. In the latter case, persons can receive an inheritance only in the order of priority, which is fixed by the current Civil Code. In this article, we will talk about who the heirs of the first stage are and what is the general order of entry into the inheritance.

The legal meaning of the concept

Inheritance is manifested in the form of transfer of property rights and obligations from one person to another in a universal succession. Inheritance Law regulated by section 5 of the Civil Code, as well as other regulatory acts and laws.

The concept of inheritance includes things, as well as property obligations and rights. It should be understood that those obligations and rights that are inherently connected with the testator’s personality (the right to compensation for any harm, alimentary obligations) terminate on the day of his death.

Legacy of property

In the case of inheritance under the law, the first order heirs, as well as other persons specified in article 1142 of the Civil Code, initially have the right to receive property.

Inheritance of property by law is carried out in the following cases:

1. If a person exercises the right to an obligatory part of the inheritance.
2. In case of invalidity or absence of a will.
3. When the will does not include all property subject to inheritance. In this case, the rest of it will be divided by law.
4. If the will is not feasible (when the person for whom the document was drawn up does not have the right to enter into a hereditary relationship).
5. When a will is limited to a testament refusal.

Heirs by law and their distribution in turns

Chapter 63 of the Civil Code establishes a certain order of entry into the inheritance. The property is subject to equal division between persons in the same queue.

The heirs of the first stage include:

• children;
• parents;
• spouses
• grandchildren and their descendants, who, on presentation, enter into inheritance relations.

The second stage includes sisters and brothers of the testator, grandparents, as well as nephews (Article 1143).

The third stage - aunts and uncles, cousins.

The fourth stage - relatives of the third degree (great-grandmothers and great-grandfathers).

Fifth turn - grandfathers and grandmothers, cousins.

Sixth - cousins ​​of great-grandchildren, nephews, aunts and uncles.

Seventh turn - stepfather, stepdaughter, stepmother or stepson of the testator.

The rights of the first stage heirs

If the will is not made, all material values, as well as the rights of the deceased person, are legally transferred to the persons indicated in the Civil Code as heirs assigned in the first stage.

There is a mandatory part in the inheritance, which is provided for disabled persons attributable to the testator:

• children
• spouses;
• dependents;
• by parents.

These persons inherit at least half of the property of the deceased, regardless of the will made earlier.

Testator's children

Children are the first line heirs. The Civil Code of the Russian Federation establishes a mandatory family relationship between the child and the testator. The law outlines the basic duties and rights that the heirs are required to adhere to.In order to protect the rights of the most relatives of the testator, the law provides for the mandatory part of the inheritance for persons who are assigned in the first stage.

Minors, as well as disabled persons, are entitled to receive their mandatory share of property, the size of which is ½ part of its total size.

The grandchildren of the testator enter into a hereditary relationship upon presentation. This process is necessary in order to be able to provide direct heirs with the possibility of succession. The heirs of the first and second stage in some cases have equal rights to enter into the inheritance. The peculiarity of this inheritance is that the grandchildren have a part of the inheritance, which by right should have passed to their deceased parents.

When the circle of persons in the first stage is determined, relatives who are:

• alive on the day of the testator’s death;
• were conceived during his lifetime and born after his death.

Parents of a future unborn heir in order to confirm their legal rights to property must submit a certificate of pregnancy to the court.

In relation to the father, a child can become an heir only if:

1. The child is officially listed as the son or daughter of the father.
2. The fact of paternity was established and documented.
3. The testator acknowledged paternity during his lifetime.

Children who have been given the status of unworthy heirs by court order may lose their inheritance rights.

Testator's parents

The heirs of the first stage are the parents of the deceased child. Mother and father have equal rights to the property of the child, even if their marriage is dissolved. The adoptive parents of the heir have the same property rights as the biological parents.

Parents and adoptive parents, who were previously deprived of their parental rights, and did not restore them at the time of the death of the child, do not have inheritance rights.

Spouse of the testator

In accordance with the Civil Code, the heirs of the first stage are not only children and parents, but also the spouse of the testator. Persons who lived in civil marriage since by law they are not considered spouses, but cohabitants.

Civil spouses can inherit only by will or as dependents who have lived together with the testator for at least a year, and also did not have their own income or were incapable of work, thereby being wholly dependent on the deceased. In this case, the cohabitant will have the right to inherit in the order established by law.

According to the law, disability for men comes from 60, and for women from 55 years. In order to enter into the inheritance, the dependent will need to prove the fact of cohabitation and his disability through the court.

Unworthy heirs

The legislation defines cases in which persons do not have the right to receive their share in the inheritance.

So, the following categories of citizens cannot be heirs:

1. Persons who have previously committed intentional crimes against the testator or other heirs.
2. Parents of the testator who are deprived of parental rights.
3. Subjects who maliciously evaded child support in relation to the testator.

Heirs are deemed unworthy only in court.

Inherited Transmission

If the heir dies, all rights to his share of the property pass to his direct heirs. This transfer of rights is called a transmission.

There are certain conditions under which a hereditary transmission is not applicable:

1. In the event of the death of the heir before the immediate opening of the inheritance.
2. When the testator ordered a certain part of the property in favor of another person, he made a will on him.
3. The transmission does not apply to rights in an obligatory share.

The order of entry into the inheritance

In order for the heirs of the first stage to enter into an inheritance without a will, you must either perform the actual action, or resort to the help of a notary.

If you accept the inheritance through actual actions, you just need to start using the property, and also bear the costs for it (for example, pay the rent). But in this case, the right of inheritance will not be officially fixed. In order to draw up property in their own name, first-order heirs must by law apply to a notary public for the subsequent receipt of a document on the right of inheritance.

Property rights are accepted by a person in full and the refusal of any part of it is impossible.

Documents for inheritance

The first stage heirs are legally entitled to issue a certificate of inheritance no later than six months after the opening of the inheritance. To do this, you need to contact a notary with documents that confirm:

1. The testator’s ownership rights to the property.
2. The value of the property to be inherited.
3. Absence or presence of encumbrance of inherited property.

When the heirs of the first stage enter into an inheritance without a will, they must necessarily present to the notary documents that confirm the relationship with the testator (marriage or birth certificate).

When an inheritance can be considered accepted

In order to exercise his rights to receive property, the heir is legally obliged to express his will, that is, to accept the inheritance. The heirs of the first stage must carry out certain actions that involve the onset of legal consequences, and, therefore, are considered a transaction. The law establishes certain terms and methods of inheritance.

The following may have the right to inherit:

1. Legal representatives of entities (who themselves are not entitled to accept the inheritance).
2. Persons with full legal capacity.

Article 1152 of the Civil Code of the Russian Federation determines the method of accepting property and related rights to it, while not allowing conditions or reservations. That is, the inheritance is accepted in full or not accepted at all. The entry into the inheritance is carried out individually by each subject, and, therefore, the application is submitted from each person individually.

Legacy

The heirs of the first stage are obliged to carry out some actions that are aimed at accepting the inheritance. The implementation of such actions is carried out within the time limits established by law.

The term for the adoption of inheritance rights and obligations is calculated in a certain period of time, in accordance with the current Civil Code. His countdown begins on the next day or from the calendar date of the event (for example, on the next day after the date of the death of the testator or after the court decision has entered into force).

The period allotted for acceptance of the inheritance is calculated in months. It expires in the last month of the period corresponding to the date. If the end of the term falls on a month in which there is no necessary date, then the deadlines are calculated by the last day of the established month. For example, the death of a person occurred on August 30, the subject must enter into an inheritance for 6 months. In this case, the statute of limitations will expire on February 28, since this date is the last in the month.

When the expiration is on a weekend, the end will be considered the next business day after the weekend.

What to do if the statute of limitations has expired

If the heirs of the first stage have missed the six-month period that is set aside for entering into the inheritance, it is mandatory to go to court to restore it. Legislation enshrines a list of conditions under which a court can restore past statutes of limitations.For this, it will be necessary to prove that the person did not enter the inheritance for weighty, valid reasons, among which the most important is the person's ignorance of the opening of the inheritance.

Also, a disease confirmed by a certificate from a medical institution can be considered a good reason. When filing a lawsuit, it will be mandatory to attach a document with the signatures of other heirs, on consent to the restoration of the missed deadline. If the court recognizes the fact that the person has inherited, further appeal to the notary for a certificate is no longer necessary. Up to 23 hours on the last day of the established period, a person can still perform a legally significant action on the inheritance.

Summing up, it should be noted that the heirs of the first stage are the parents, spouses, and also the children of the testator. On the basis of full succession, both the obligations and the rights of the testator are transferred to the person, not including those that are unacceptable under the Civil Code of the Russian Federation.