Inheritance is something that sooner or later will affect every citizen. Therefore, it is simply necessary to understand all issues of inheritance matters. You need to clearly understand the timing of receiving property from the testator, and also to know how to behave if they are missed. Is it possible to somehow restore legal rights in this case? Or will property now be mandatory distributed among other heirs? Art. 1155 of the Civil Code of the Russian Federation. It regulates the behavior of citizens after missing the moment of entry into the inheritance. Understanding the algorithm of actions is not as difficult as it seems. After all, it is possible to receive property from the testator even after the period established by law. Only special rules must be observed.
What time is it
The first step is to understand how much time is allotted to receive property from the testator. Inheritance Law indicates that citizens can inherit property within six months from the date of its opening. And after that, if the heir did not prove himself and did not express his will, this opportunity is lost. Only not in all cases, there are exceptions. Not too much, but they do occur.
Restore the right
P. 1, Art. 1155 of the Civil Code of the Russian Federation indicates that sometimes circumstances do not allow to enter into the inheritance within the time limits established by law. In this situation, you can simply restore your lost rights. But also with some limitations.
According to the article, you must have good reason. They most often include illness, rehabilitation, as well as living in other countries. You will have no more than six months to restore your own rights. The countdown starts from the moment of elimination of the interfering circumstances. If you have not taken any action for this, you will no longer have the option of restoring inheritance rights. We will have to put up with the fact that the property will be divided (or already divided) between other heirs.
main reason
The features do not end there. Art. 1155 of the Civil Code of the Russian Federation names the main, most common reason why citizens will have the opportunity to receive property legally or by will. It is indicated that the right of inheritance remains for citizens in case of missing all the established terms, when the person did not know and could not know about the entry into the inheritance. Most often, such circumstances occur when the heir lives in another country or simply does not communicate with the testator. Not so hard as it seems.
Other good reasons
One of the most common issues that the court faces in applying Art. 1155 of the Civil Code of the Russian Federation, is an assessment of the validity of the reasons for missing the deadline set for acceptance of the inheritance after the death of the testator. This also includes checking the observance of the period during which the heir who has missed him is entitled to apply to the court.
Art. 1155 of the Civil Code does not regulate good reasons. There is no specific list of circumstances giving the court the right to restore the time limit for accepting an inheritance. As a rule, such reasons are ignorance of death due to non-communication (exception - non-fulfillment of obligations for the maintenance of the testator) or, for example, a long business trip. The court may also acknowledge some other circumstances.These usually include those that are respectful to restoration of the limitation period: severe illness (a medical report is required indicating the term thereof), a helpless state, illiteracy, etc. (Article 205 of the Civil Code of the Russian Federation).
All these circumstances, if there is evidence, can be a good reason for going to court to restore your inheritance rights. So says the inheritance law of the Russian Federation. In addition, the court assesses the factual circumstances from the point of view of recognizing them as valid reasons for missing, on the basis of whether these reasons really hindered or limited the possibility for the heir to accept the inheritance within the time period established by law.
In the above circumstances, the acceptance of the inheritance after the expiration of the established period must occur in a judicial proceeding. In other words, by writing a statement of claim. This is the only way to restore lost rights. With rare exceptions. But about them later.
Protection and Distribution
How will the court act? Certain measures are being taken by the judiciary. Namely, the redistribution of property divided between the heirs. At the same time, the issued certificates are recognized as invalid - after the judicial debate, new ones should be issued. And each heir is given the required share, taking into account the new applicant for the property.
Note: the court must additionally deal with the defense of the defendant. Often, heirs who have already received property begin to protest somehow and even threaten a new applicant for the inheritance. In this case, the citizen should be protected by the judiciary.
Without trial
In some cases, our current idea can be implemented without judicial intervention. Art. 1155 of the Civil Code of the Russian Federation with commentary contains rules indicating a rare, but existing phenomenon. When is an out-of-court recovery procedure applied? There are also some circumstances for this. Only there are not as many as respectful ones. The thing is that a citizen has the right to restore the inheritance of property with the consent of other heirs. True, it is required in writing, sometimes even certified by a notary.
Such agreements become the basis for invalidating the issued certificates of inheritance. They are canceled in this case, and the property will be distributed as it should have been originally. There is nothing difficult about this. But in practice, such cases are extremely rare. Few would agree to give back part of the property already received. Therefore, do not hope that restoring your own rights will be so easy and simple!
Pay attention to one important point. Namely, to the written consent of the testator’s property division taking into account your candidacy from all the other heirs who have already received it. If at least one person does not agree with this decision, he has every right to not give you his good. In this case, there is nothing left but an appeal to the judicial authorities to restore lost rights. No other is given.
During registration
P. 2, Art. 1155 of the Civil Code of the Russian Federation also illustrates the situations in which the registration of property rights took place. The thing is that most real estate (it is most often transferred to the heirs) requires registration. What if, after this process, there was another bidder for the property, which restored the legal rights to it?
In this case, the registration cancellation process is required. But this will require a decree from a notary, indicating the restoration of lost inheritance rights, as well as new certificates of receipt of property from the testator. The previous registration is invalidated legally - neither you nor the other heirs will be punished.After that, a repeated procedure is carried out with the issuance of new certificates of ownership of a particular property.
What are we entitled to?
Another important point is prescribed in Art. 1155 of the Civil Code, paragraph 3. Often the question arises of what kind of property can be claimed, if you have restored the right to inheritance. It is important to understand this so as not to be deceived.
The thing is that the law provides for the full restoration of lost rights. This means that you will be entitled to what was originally intended as an inheritance to your person. No exceptions.
What if the other heirs allowed in writing to take the property after the deadline? Know, even in this case, they should give you everything that was supposed to. Of course, in order of priority. No one can authorize the receipt of only part of the property. You yourself are able to refuse something in someone’s favor. But such cases practically do not occur.
In general, according to Article 1155 of the Civil Code of the Russian Federation, the acceptance of an inheritance in any case is only possible in full. Other heirs do not have any rights to limit you in obtaining the required property. Know it!
Courts and notary
The features of the article do not end there. What to do if you have received a judicial opinion on the possibility of inheriting after the deadline? Many believe that in order to issue a certificate, you need to go to a notary public. But this is not so.
A certificate of inheritance is issued at a notary public if there is no judicial opinion. Otherwise, it is not required to contact this representative of authority. All documents are issued only on the basis of a court decision.
If you need to register rights, a notary public is also not required. Remember: the documents issued by the court are a good reason for the implementation of certain acts. And not only in relation to inheritance, but in all matters in principle.
The order of treatment
In Art. 1155 of the Civil Code indicates another important point. Namely, the procedure for going to court. This option most often occurs when restoring lost property rights. Therefore, you need to understand exactly how to file a lawsuit.
You must compile it with a description of all the circumstances according to which the deadlines established by law for receiving property from the testator were missed. Be sure to include evidence of your words. Without them, you can’t go to court: no one will believe ordinary babble. Everything requires evidence. Please note: the claim must be of a non-property nature. It is very important.
You must also provide your ID (passport). Do not forget to attach evidence of good reason for missing the term of inheritance to the statement of claim. In the end, you will be required to pay the claim. Without it, it will also not be possible to bring the idea to life, because in Russia it is often necessary to pay for a statement in court.
The state duty (Article 1155 of the Civil Code of the Russian Federation is silent about this moment, indicating only the need for a procedure for going to court established by the state) is currently 200 rubles for a non-property claim. And nothing more. It turns out that the trial will cost the future heir at least 200 rubles. Not too much. By the way, the amount of state duty does not depend on the size of the proposed inheritance. In Russia, it is installed in a specific size.
Conclusion
In principle, this is all you need to know about the process of obtaining an inheritance after missing the deadlines established by law. You have learned that for certain reasons, the court can restore your right to it. Not so hard as it seems.
