Hereditary issues interest many. And in order to fully understand the rules for the acceptance of the property of the testator, it is necessary to study the Russian legislation. Today we will be interested in Art. 1154 of the Civil Code of the Russian Federation. It discloses the timing of the entry (acceptance) of the inheritance, as well as some of the nuances of this process. What should you pay attention to first of all? What cases do occur? All this will be described later! In fact, everything is not as difficult as it might seem at first glance.
Classic
So, the first thing indicated by Art. 1154 of the Civil Code of the Russian Federation, is the time that is given to future heirs to consider receiving property. This period is limited. How much time is given for inheritance?
Russian law indicates that each applicant for a will has 6 months. That is, if within six months from the moment of opening the inheritance the potential heir did not inform in the established manner that he was not opposed to getting his share, this right was taken from him.
If recognized dead
Of course, the above example, as a rule, applies to ordinary cases. That is, when the testator dies on a specific date. Then the opening of the inheritance takes place, and also the countdown of the will begins. But what if a person went missing?
In this case, the limitation period for the adoption of another's property does not change. According to Art. 1154 of the Civil Code of the Russian Federation (with and without comments - this is not so important) the testator must be recognized dead. And then the "countdown" will begin from the moment the court decides. At the same time, all heirs can express their will. By the way, the absence of a person during the prescribed period is the basis for a decision, according to which he renounces property.
Failure and Suspension
Article 1154 of the Civil Code of the Russian Federation “The term for the acceptance of an inheritance” indicates some controversial issues. What if the citizen refused the property or was removed (for the reasons described in Article 1117 of the Civil Code) as unworthy heir? In such circumstances, inheritance rights are transferred to the next relatives in order.
But how long will they be given to accept / refuse the property? 6 months too. But keep in mind, this period of time begins to act when applicants of a new stage have inheritance rights. That is, from the moment the closer heir refuses the property that is due to him by law or testament.
Rejection
In some cases, the heirs do not accept the inheritance. Not too common, but it does occur. In this case, inheritance rights are transferred to the next closest relatives.
According to the Civil Code of the Russian Federation (Article 1154), the term for accepting an inheritance in this case will be reduced. Now it will be 3 months. And this countdown will begin from the expiration of six months from the date of opening of the inheritance. In other words, as soon as the first heirs recognize the non-acceptance of the property, this right passes to the next 3 months to the next in kind potential applicants for the property of the testator.
About debt
This concludes the main text of the article. But not its features. Article 1154 of the Civil Code does not indicate moments regarding the debts of the testator. It is known that they, too, are inherited. But who will have to fulfill the obligations? Especially often this applies to cases in which several applicants for property.
Lenders and debtors find themselves in a somewhat awkward position.On the one hand, it is necessary to give back to someone or to collect debts from someone. On the other hand, heirs need a certain period of time in which they consider the decision to accept the inheritance or refuse it. Therefore, usually issues related to debts are either resolved between the heirs, or in court.
Return
Art. 1154 of the Civil Code of the Russian Federation presents several other important points. The thing is that the right of inheritance can be restored. This is indicated in the comments on the article. Not in all cases, but such an event does occur.
The first option is judicial reinstatement. This is possible when the heir did not know about his property. Or if he could not know about it. If there is evidence of such a phenomenon, the period for accepting the property shall be restored. And the citizen will have time to consider his decision for six months.
The second way to restore the deadline for receiving property by inheritance is an agreement with all other heirs. If they give their consent (in writing) to accept you as the next applicant for the property of the testator, you can do without a court. This alignment is extremely rare in practice.
Inaction
The comments also indicate that the inaction of the heirs has certain consequences. They seriously affect the acceptance of property.
The thing is that, according to Art. 1154 of the Civil Code of the Russian Federation, a person must, within six months, express his will to receive / refuse an inheritance. What if the citizen did not do this? And with the condition that he was aware of the property put to him?
In this case, from the end of six months, a citizen loses his rights to receive an inheritance. And completely. And the heirs of subsequent degrees of kinship acquire property rights. They are given expressions of will from 3 to 6 months. It is these rules that are currently in effect in Russia.
Please note - the heir has the full right to accept property from the testator on any day from the date of opening of the inheritance before six months expire. It doesn’t matter when a person expresses his will. Even on the last day of the expiration, this is the place to be. Therefore, if you are the heir, try not to hesitate to express your will. Otherwise, the right to receive property may be lost altogether. As the judicial practice shows, to defend the restoration of the term of entry into the inheritance is very problematic. It is believed that six months is already a long time for reflection. In fact, if you look at all this, you will notice that there is nothing difficult to understand in matters of accepting inheritance, only features that have to be taken into account.
