Inheritance is the property, duties and rights of the deceased, which are transferred to the successors by will or legally (on general grounds). Inheritance law operates on the basis of two closely interacting and fundamental principles: protection of family interest and freedom of will. This industry is considered one of the most conservative institutions. However, the changes affecting the economic condition of the country affected inheritance law. Apartments, land and other types of property are today property and are transferred to successors after death. There are quite a few flaws in the current legislation of the Russian Federation. These gaps are quite apparent in practice. This, in turn, significantly complicates the activities of notarial bodies, increases the number of controversial cases before the courts, and makes the process of establishing valid heirs unclear.
Particular difficulties arise when transferring a share in privatized residential premises, in which not close relatives act as owners. This, in particular, is about sons-in-law, mother-in-law, mother-in-law and so on. In such cases, it is necessary to make a will, since they are not considered heirs for each other.
General content of succession
Within the framework of the industry, the transfer of property obligations and rights from the deceased to his heirs is regulated. In this area, general rules apply. However, for some cases a special order is established. So, for example, special rules apply when the called successor, both by testament and by law, dies before he has time to seize his opportunity. In this case, there is a transfer of the unfulfilled right of inheritance. The use of the rules in such situations is allowed if there are two conditions: the deadline set for acceptance of the property has not expired, and the called-in successor, within the expired part of the term, has not taken any actions that would indicate that he took advantage of this opportunity (he did not write the refusal, did not apply for acceptance). If the citizen accepted the inheritance within the time period set for this, then the property transferred to him is included in his own, and is already transferred to his successors on general grounds. 
Important point
It is impossible to consider the transfer of the right to accept the inheritance in the case when the successor did not express his will, but died after the expiration of the legal period for the acceptance of property. In this situation, he lost his legal opportunity even before his death. In this regard, his successors cannot raise the question of extending the period.
Transmission in the law of succession
This term is officially used in modern Russian legislation. It is recorded in Art. 1156 GK. The hereditary transmission is a transfer of the possibility of accepting property. The legislation also determines the subjective composition of these relations. So, the deceased heir is called the transmitter, and the citizen to whom the right passes is called the transmissor.
Essence of the process
Hereditary transmission means that in fact two inheritances were discovered. One of them is connected with the death of the original owner, and the second - with the death of his successor. The heirs of the latter, therefore, receive his right to take property that was due to him. These features are considered independent. They can be implemented independently of each other.
Legal implementation methods
The successors of the transmitter are entitled to accept the property due to him from another testator in the form of transmission. They may also refuse it. They have the opportunity to directly inherit the property of the transmitter. At the same time, they may refuse to transfer to him his opportunity to accept property owed to him. The law also allows successors to accept both inheritances or refuse them at the same time. 
Specificity
The concept of hereditary transmission provides, as mentioned above, a certain subject composition. In practice, citizens who may be called upon to take property on an unrealized opportunity do not always coincide with those who appear realistically after the death of the original successor. This is due to the fact that inheritance in the order of hereditary transmission applies primarily to legal successors on general grounds. However, a testament may also be present in this process. In it successors can be determined and all property distributed. In this case, the latter can also take advantage of the unrealized opportunity in the order of hereditary transmission. Only part of the property may be distributed in a will. In this case, the hereditary transmission is not used.
Features of applications
Acceptance of the main property is carried out in accordance with the rules established by law. According to them, hereditary transmission is also implemented. The Civil Code of the Russian Federation, however, makes a reservation that, since in this case we are talking about two different measures, independent acts should be drawn up. Thus, an application that is submitted for the adoption of the main property or the actual acceptance of the property cannot be considered as the use of an unrealized opportunity. They are issued separately. That is, an application must be submitted for acceptance of the main property or actual acceptance for use should be carried out. Separately from this, a hereditary transmission is drawn up. An application may be submitted in which there will be an indication of the acceptance of both of the property, or two separate documents for each property. 
Opportunity Transition Mode
It is defined in Art. 1156, p. 1, Civil Code of the Russian Federation. In particular, the norms stipulate that only second successors can take advantage of an unrealized opportunity. After their death, hereditary transmission is not allowed. In other words, when they die, the possibility of the first successor will remain unfulfilled. If there are other transmissions, the share of the deceased second heir will go to them. If they are absent, then the unrealized opportunity passes to the successors called along with the transmitter.
Purpose
A hereditary transmission does not occur in the case when a successor who has died and has not had time to take over the property intended for him at the set time is assigned to another person. This person in this case has priority on obtaining an unrealized opportunity. The purpose of the successor is to attract a person to inheritance in the event that for some reason the main person does not accept the property. This is one of the instructions that the testator can make. Along with this, the legislation defines an exhaustive list of circumstances upon the occurrence of which a designated successor should be called upon to inherit.
The nuance of attracting another person
If the assignment in the will is formulated in a general way, that is, the grounds on which the appointed heir will not participate in the transaction are not specified, then as a result of his falling away, the appointed successor will be called up for any reason. If the death of the person to whom the property is intended is indicated, and he does not have time to take advantage of his legal opportunity, the same consequences will come as above.But if the substitution is set for some other specific case (for example, recognition as an unworthy heir), then the transfer of the opportunity to accept the inheritance in accordance with the order of the hereditary transmission will be carried out.
Right of representation and hereditary transmission
The law establishes the mandatory share of the successor. The right to it cannot be inherited by transmission. This provision is enshrined in Art. 1156, p. 3, Civil Code of the Russian Federation. The fact is that the right to receive an obligatory share is considered a personal grant. It can be used only by specific successors specified in the legislation. If such an heir has died, then the right to receive an obligatory share is lost. As a result, the limitation of testament freedom established by law is no longer applicable. 
A special case
A hereditary transmission should be distinguished from those situations where a successor who is called to inherit has managed to exercise his right. He could submit a corresponding application to a notary or could actually live with the owner and took possession of his property. However, he did not have time to draw up his right to him, that is, he did not receive a notarial certificate. However, the property is already considered to be owned by a citizen. Thus, in the event of his death, not his right to him, but the property itself will pass to his heirs. A notarial certificate will be issued on a date starting from the date of his death. It should be remembered that the interval between the death of the first and second person does not matter. This applies even to the case when the first successor died within six months from the death of the testator, but at the same time managed to accept the inheritance using one of the methods established by law. The transition of an unrealized opportunity in this case does not occur. In this case, the procedure for filing an inheritance case is changing. 
Deadline
For a hereditary transmission, the term is within the period of the main inheritance. It is half a year. The period for the hereditary transmission from the date of death of the main testator is calculated. If after the death of the transmitter the part of the period is less than 3 months, then it will be extended to this (three-month) limit. Like other periods established by law for the adoption of an inheritance, it can be restored. In accordance with the provisions of paragraph 2 of Art. 1156 of the Civil Code of the Russian Federation, the term is restored by the court in the event that the reasons why it was missed are recognized as valid. In this case, the heir must contact the authorized authority no later than 6 months from the date on which the grounds for the pass disappeared.
