In the Russian Federation, the opening of a hereditary case is carried out by persons specially authorized by law. Citizens should contact them with the appropriate statement. Let us further consider how the conduct of inheritance affairs is carried out.
General information
Opening a inheritance case at a notary is made in connection with the death of the owner of the property. His successors decide on their own whether they will accept the material values of the deceased or not. The ownership of a part of the property by a citizen means the following: everything that is due to him passes to him. Moreover, the composition of material assets and their location does not matter.
Features of registration at the place of residence
If the successor lived and was registered in the same apartment (house) with the deceased, he has the right to simply continue to use the property. Registration of the inheritance business can begin later, beyond the time limit established by law. This rule applies only if there are no other successors who were constantly jointly registered with the deceased and want to refuse to accept the property. If this condition is met, inheritance affairs are conducted in the usual manner. However, the successor must provide evidence of joint registration with the deceased.
Judicial practice in inheritance cases
If the person was not registered at the address of the deceased, he needs to submit an application to an authorized official no later than six months from the date of death of the owner. If the specified period is missed, the decision will have to be transferred to the court. The process will be informal. Property rights will pass to the successors of the next stage. To eliminate the consequences of missing the deadline, you will have to spend a lot of money and effort.
Important point
It should be noted that in relation to the property of one deceased, only one hereditary business can be started. This means that any successor must transmit to the authorized person a death certificate and documents confirming kinship. An inheritance case is started only after their submission. The remaining successors will receive notifications. The notice will indicate the notary public whose inheritance case is open. It is worth saying that the procedure for receiving citizens in offices can vary significantly. In some cases, pre-registration of successors for several months is valid. In addition, in offices different tariffs for services can be set and various requirements for certificates may be presented.
Where should successors go?
An inheritance case is opened at the place of the last registration of the deceased. It is necessary to be very careful in resolving the issue of choosing the officer who will be involved in it. The inheritance case must be kept for 75 years. For the archive, respectively, it is necessary to allocate a separate room, which is not always possible. Therefore, in cities there are always several large offices, between which the sections of the settlement are distributed.
Also, notaries provide for the delimitation of cases in alphabetical order. In cities, there are so-called field specialists. They appear in the office 1-2 times a week for several hours. In a word, in each settlement its own rules of jurisdiction of affairs can be established. As a rule, in large offices all the necessary information is indicated on the stands.
Specificity
The management of inheritance affairs is carried out in several stages. First of all, it is necessary to collect certificates, papers, certificates, extracts confirming the deceased's property rights to property. At the next stage, an application is submitted to the authorized official from the successors. Then information is collected for direct registration of the case. This is done by an authorized person.
If necessary, he can request the missing papers from government agencies. After that, a hereditary case is drawn up. Then, either the collection and restoration of all necessary securities on the property is carried out, obtaining a certificate of inheritance, registration of rights to real estate or registration of movable objects in accordance with the law.
The timing
The law determines that the application and related documents must be submitted by the successors no later than 6 months from the date of the death of the testator. The transfer of material values and rights to them is confirmed by evidence. For registration of real estate (apartment, house, land and other property) it may take up to 20 days from the date of application. In the event of litigation, the terms, respectively, may increase. The trial can last from 4 to 9 months, and in some cases longer.
Opening a hereditary case: documents
After the issue of choosing an office, an authorized person has been resolved, it is necessary to collect the appropriate papers. The death certificate of the property owner acts as the main document. It indicates not only the full name citizen, but also the date of his death. This information is basic to the authorized person. It is from this date that the half-year period for submitting an application will be calculated.
The certificate is issued by the registry office at the address of residence or death of the owner. Successors, consisting in kinship with the deceased if there is no will. You can also confirm them with certificates from the registry office. Such documents, in particular, include certificates of birth, marriage / divorce or change of surname.
Also, a notary may request special certificates. If a successor, for example, has a sister who has died, you must provide your and her birth certificates. If she was married, then official confirmation of marriage would be required. Another document necessary for a notary is a certificate of actual residence of the deceased at the address. Also need to provide extract from the house book. These documents can be taken at the passport office at the address of the last registration of the deceased. Currently, these papers can be requested through the MFC.
These documents will act as confirmation of the legal fact of residence at the last address of the deceased. They also contain information about everyone who was registered with him on the same square. Further, the notary will require the necessary documents for all property that was in the ownership of the citizen at the time of death. These papers differ not only depending on the specifics of the objects themselves, but also the year of their registration or acquisition. So, for real estate purchased before 1998, the document was a certificate of ownership, and after that year - a document on state registration of rights.
Final stage
At the last stage, an application for inheritance is submitted. An authorized person confirms the authenticity of the painting of the successors and secures them with the official seal. From this moment, citizens are the owners of the property of the deceased. In addition to the certificate of inheritance, a certificate is issued to open the case, as well as statements that will be required in various structures and state institutions during the subsequent registration of property.
Help of lawyers
It must be said that by no means always registration of inheritance cases goes without problems.In some cases, it may turn out that the successors lack the necessary papers on the property of the deceased, because at one time the owner did not have time or could not get them. To restore them will require additional time. In this regard, experts recommend that you contact competent lawyers if such situations arise.
It is necessary to choose a specialist with sufficient experience in inheritance matters. Working a certain time in this area, he knows the necessary list of documents, will be able to provide high-quality legal assistance. In addition, the specialist will be able to represent the interests of the successor in court, if such a need arises.
Conclusion
In general cases, the conduct of the inheritance case is not accompanied by difficulties and problems. There is a certain list of securities that must be provided to an authorized person to start the process. The main thing in the inheritance case is to file an application on time. In this case, the legislation allows the restoration of the missed period if the reasons for the citizen were valid.
For example, a person learned that he is the heir after more than six months from the date of death of the owner. Or, within the time limit established by law, he was on long-term treatment, which did not allow him to contact an authorized person in a timely manner. In such cases, you will need to go to court to restore your rights. In this case, he will need to confirm the validity of the reasons for missing the deadline. As a rule, such situations are rare. Usually, citizens submit both the application and the documents required by law on time.