Inheritance law is one of the important parts of civil law. Every citizen should know the basic norms regarding inheritance, because almost all people bury their own father and mother. After the death of relatives, there always remains a house or apartment, which must be reissued for oneself. What to do if the deadline for inheritance is missed?
General concept of inheritance
Only the relative or person specified in the will can inherit the property of the deceased. Also, property may become state property. This happens if within one year from the date of death of a person no one has expressed a desire to enter into an inheritance.
Inheritance can be of two types: by law and by will. The difference between these species will be discussed below. Some lawyers consider a gift agreement one of types of inheritance but it’s a little bit wrong. The fact is that the gift agreement comes into force immediately after its signing and registration with state bodies.
The legal essence of the gift is the disposal of ownership of property by one person and its acquisition by another, but the difference is that inheritance occurs only after the death of the testator, and when giving a gift, a person who renounces property, of course, remains alive.
What terms of inheritance are stipulated in the Civil Code?
According to Art. 1154 of the Civil Code of the Russian Federation, in which the terms for taking possession of the property are set, 6 months is enough to accept the inheritance. In simple terms, a six-month period begins on the day of the testator's death. What is the opening of an inheritance? The fact of the death of a person has occurred. After that, he really can not manage his property. Opening an inheritance means an opportunity for all interested heirs to submit a statement of acceptance.
The legislation provides for some exceptions to the rules, because extraordinary situations sometimes happen in life:
- the court may, by its decision, establish the date of death of a person who has gone missing;
- An extension of the time period for executing an inheritance is possible if the heir who did not accept the inheritance had good reasons;
- if the inheritance is due to the unborn child, the terms of entry into the inheritance are extended until it is born.
Heirs by law
It is important to understand which of the relatives and in what order can inherit property under the law without executing a will. The Civil Code of the Russian Federation clearly establishes the rules of inheritance. According to articles 1142, 1143, 1144, 1145, there are 3 main lines of heirs. Such rules are provided for the purpose of establishing a clear algorithm so that the heirs do not argue. Article 1142 states that the first applicants for the testator's movable and immovable property are the spouse and children. It is clear and logical that the closest relatives are more likely to get property than other relatives.
People who receive the inheritance under the law rarely pass the terms of entry into ownership. Firstly, spouses always live on the same living space, together. According to the law, in this case, the heirs who lived with the testator until his death should not submit an application for the inheritance. If there are no first-order heirs, the right to receive property is granted to the second-stage heirs. Who are they? This is the brother, sister, grandfather and grandmother of the deceased.Well, who are the applicants for the third stage? Having familiarized with the norms of Art. 1144 of the Civil Code of the Russian Federation, we learn that the uncle and aunt of the testator also have the right to inherit.
Who else can inherit the law?
Of course, the list of applicants may not be limited to the persons specified in Art. 1142.1143, 1144 of the Civil Code of the Russian Federation. The notary by inheritance is obliged to accept applications from all comers, because one of the relatives of a closer line may refuse to take possession of the property.
Firstly, there is the so-called right of representation. What does this mean? Suppose the testator has no children (they have already died), but there are grandchildren. They can take the inheritance first. The legislator understands that if at the moment of opening the inheritance there were children or other representatives of the first stage alive, the property would be transferred to them. The right to grant implies the possibility of skipping the queue. Representatives of the first stage, who would claim the inheritance from their parents, if they were alive, receive the right to property.
Other relatives can also enter into the right of succession, but only in the absence of the main heirs. It is about 4-7 lines. About such heirs is also said in the Civil Code. Which relatives belong to these queues? We are talking about the great-grandmothers and great-grandfathers of the testator, nephews, cousins and granddaughters, stepsons, stepfather, stepdaughter and stepmother of the testator.
The Civil Code of the Russian Federation equalizes the rights of native and adopted children. By law, in the process of adoption in children, all legal rights and obligations between them and relatives by blood are interrupted. It is even possible to amend the birth certificate of a child. That is, adoptive parents legally become relatives. Also, under certain conditions, people who do not have family ties with the testator. The person must constantly live with the deceased at the time of his death or have official evidence that helped the deceased.
By the way, if you make an inheritance by will, the terms of entry into their rights do not differ from the usual process.
The process of registration of the inheritance and the documents necessary for this
The notary by inheritance will begin processing the case only if the required papers are available. Regardless of the method of registration of the inheritance (by testament or by law), a person must submit an application for its acceptance. In addition, it is necessary to confirm the fact of the death of the testator (death certificate issued in the manner prescribed by law). Of course, you must have documents confirming kinship. If there are none, they can be restored, but the terms of entry into the inheritance may be violated. What kind of paper can this be? For example, birth certificates, marriage certificates or special court decisions confirming the fact of cohabitation. The will, if executed, is also given to a notary. Validation is also required. places of opening the inheritance. It is enough to present a house book or a certificate from the housing office, which indicates the last place of registration of the deceased. But that is not all. A notary by inheritance will necessarily require a title document for real estate or other property that is inherited. What documents are required for registration of the inheritance?
Firstly, a certificate of inheritance. Suppose a house (apartment) has long been transmitted in a straight line. Then this document will be the main one. The second option is a contract of sale or exchange. Such papers will also serve as evidence of ownership of property. It is clear that not only real estate is inherited. A car, a deposit in a bank, a swimming means, securities may also be the subject of a hereditary deed. Title documents for these items must also be brought to a notary public.
Inheritance by court order
The heirs (the Civil Code also pays attention to these points) should also be aware of unusual situations. There are times when a person disappears, and it is impossible to establish his whereabouts. Relatives do not immediately attach importance to this, but then they begin to get nervous. How to act in this case? There are two aspects here: the desire to find a person and solve inheritance issues if they cannot be found alive.
The main thing is to declare a search through law enforcement agencies. The process, of course, may not produce positive results. When a certain period has passed, relatives should write a statement of claim for the recognition of the missing person as dead. Such a case is considered in the framework of the civil process.
The main evidence in court will be the fact that for a certain long period there is no information about a person. The court makes a decision recognizing the missing person as dead and sets the date of death. What are the deadlines for inheritance in the presence of such a decision? In Art. 1154 of the Civil Code of the Russian Federation states that if the date of the opening of the inheritance is considered the day of death of a citizen established by a court decision, the standard 6 months are allotted for acceptance of the inheritance. The term is considered from the moment the court decision comes into force.
Other exceptional and rare cases
Most of the possible inheritance options we have already examined. But the one that was discussed in passing was not yet described. This applies to the inheritance of infants. Suppose a father died some time after the conception of a child. An unborn baby, of course, has the right to inherit on an equal footing with already born children. As soon as he is born and registered with the registry office, he can draw up an inheritance. The main thing is to know that even if you fail to meet the deadline of six months after the death of your father, the inheritance will not be lost. What is the purpose of this legislation? In our state, the protection of children's rights has always been, is and will be in the first place. If a child has a right to something, even if he has not yet been born, he should receive it.
Extension of inheritance
There are cases when potential heirs miss the deadline for accepting an inheritance. Lawyers call such cases like this: "expired inheritance." The essence of the concept is very clear - the deadline is missing.
Restoration of the period of inheritance is permissible. Legally, this process is settled in Article 1155 of the Civil Code of the Russian Federation. It has several significant points.
The first is an inheritance by law, the terms of entry into which are violated, is made through the court. Why? Often, some heirs have already inherited and may be against reducing their share in the estate of the testator. Of course, let’s say a more peaceful option, because other heirs by law may not oppose this. What to do in such cases? It's not that complicated. It is enough for all the heirs to get together and come to the office. The notary by inheritance will accept a statement from each of the heirs stating the consent to share his shares with the new heir.
How to substantiate the arguments?
The second point is no less serious. The fact is that during the judicial investigation it will be necessary to prove the validity of missing the deadline. The easiest option is to submit supporting papers stating that the potential heir has been ill for a long period, and, accordingly, could not file an application for assuming his rights. Another good reason may be a prolonged absence due to a business trip. This fact is easily documented. The most difficult thing is to prove the fact of ignorance about the opening of an inheritance, which cannot be documented. The statement must accurately describe all the events that have occurred with a potential heir recently.Of course, the detailed description of each day is not meant, but the court really must make sure that the person did not know and could not know about the possibility of entering into the inheritance.
By the way, there is one more procedural point stipulated in article 1155 of the Civil Code of the Russian Federation. The fact is that an heir who has missed the deadline for inheritance (regardless of the reason) must write a statement of claim as quickly as possible (there is a limit of 6 months).
The court will consider in detail all the arguments presented in the statement of claim. According to the decision, the plaintiff may be recognized as having accepted the inheritance by will, the terms of entry into which have been violated. They may also refuse him. Of course, if possible try not to violate the terms of entry into the inheritance!
Examples of claims for extension of the term of inheritance
At _____________ District Court
Moscow
Plaintiff: Name, Title (fully)
registered at:
(indicate the place of registration).
Defendant: Federal Management Agency
state property
Statement of claim for extension of the term for acceptance of inheritance
__________, who lived at the address: Moscow, st .____________, died. A testament No. ____ of _____________ was issued in my name. I could not in time to enter into the right of inheritance of property, which is indicated in the will.
Norms of Art. 1141 of the Civil Code of the Russian Federation provides that heirs receive the right to property of the deceased in turn. Specifically, priority lists are defined in Art. 1142-1145 of the Civil Code of the Russian Federation. Legislation has established: the heirs of the next priority shall receive the right to inherit if the representatives of the previous priority have died or renounced their right. After ________ he was to succeed _______________, but he died __________, when the six-month period allotted for the entry into the inheritance had not yet passed.
Inheritance by law should be accepted within 6 months after the death of the testator, but Article 1155 of the Civil Code of the Russian Federation provides for the possibility for the heirs who did not have time to file an application in time, to apply to the court with an application for extending the term for inheritance. Here is an example:
The fact is that for 8 months I was abroad at work and could not come to submit an application for inheritance.
Based on the foregoing
I BEG:
extend the term of the inheritance so that I have time to collect and submit all the necessary documents.
Application:
1) a document confirming the payment of state duty;
2) copies of the application to the court;
3) documents that confirm the stated requirements.
