Issues of acceptance of the inheritance will affect sooner or later every citizen to one degree or another. You will have to know how to get it, as well as learn all the features of this process. The rules established by law are indicated in Article 1152 of the Civil Code of the Russian Federation. It is with her help that you can understand some of the nuances of this case. Although not all. Most of the important information is contained either in the comments on the article or in other sections of the Civil Code. Nevertheless, it is worth a good understanding of what the order of acceptance of the inheritance is. And not only with the help of the 1152th article. You will have to pay attention to many points, but if you remember them and fully understand them, then you will not have any problems with inheritance.
The concept
The first step is to figure out who is called the heirs. Who are they anyway? In general, there are several definitions of this term. Only one of them is suitable for us.
The heir is the successor. One who continues one's activity, usually towards relatives. But this definition has nothing to do with our today's question. Therefore, attention will have to be focused solely on the second version of the interpretation of this term.
An heir is one who accepts inheritance from a citizen in one way or another. You can say the recipient of the property from the testator. Usually we are talking about relatives. Indeed, in practice, the relatives of the deceased are considered to be the legal heirs.
Priority
Pay attention to the study of Article 1152 of the Civil Code of the Russian Federation will have a few more important points. They help to reveal the main provisions for the adoption of property from the testator in a particular case. What exactly is it about?
Say, the so-called line of heirs play a huge role. It has already been said that usually we are talking about the relatives of the deceased. They are legal recipients of the property. But there is a special order. It is established by the laws of the Russian Federation. It cannot be broken. Otherwise, all certificates of acceptance of another's property as an inheritance will be invalidated. Moreover, it is necessary to carry out a re-division thereof, taking into account the laws.
Queues of heirs are different. And they include various relatives of the deceased. The first stage includes children, parents, as well as spouses. This means that first the inheritance is distributed between these persons. Also do not forget about grandchildren. The second stage is brothers, grandmothers, sisters, grandfathers, as well as nephews. The latter, like the grandchildren, can receive an inheritance in the second priority only when special rights are exercised. The third category of persons includes aunts and uncles, cousins and brothers. Usually in practice other heirs do not occur. Although they are provided for at the legislative level.
We accept the offer
And now it’s worth to find out what Article 1152 of the Civil Code of the Russian Federation specifically talks about. We note right away: it does not give particular specificity in our today's question. But it points to some important points related to inheritance. They all must know and remember.
The fact is that the adoption procedure implies the agreement of the heir to receive property. That is, you have the right to refuse the inheritance. Both in general and in favor of anyone. To enter into an inheritance, you must accept it. And without fail. With rare exceptions.
Which one? When the property is escheated. Only then, you do not need an additional agreement to enter into the inheritance. Such property acceptance does not require in any way.Such rules are established by law in Russia. Understanding everything is not as difficult as it may seem.
Piecemeal
The establishment of the fact of acceptance of the inheritance plays an important role. And our today's article of the Civil Code indicates that the inheritance of part of the property confirms the entry into the full inheritance. In other words, if you agree to a partial acquisition of the property, you are automatically recognized for approval to purchase everything that was given to you by the testator.
Please note that the location of the property, as well as its quantity and value do not play a role. Suppose, if by law you are supposed to have an apartment and a car, and you only agree to the first, the second is automatically approved. Nothing difficult to understand. It turns out that the establishment of the adoption of the inheritance applies to all property. Either agree to everything, or you get nothing. With rare exceptions. About him a little later.
By the way, it is impossible to enter into an inheritance with any conditions, reservations or coined rules. This is simply unacceptable by law. So points to Art. 1152 of the Civil Code of the Russian Federation. An agreement to receive property from the testator is regulated only by modern legislation of the country. And nothing more.
Other
What else is worth paying attention to? For example, on features related to all other heirs. What if one of the applicants for the property expressed a desire to receive one? Will the other heirs in such a situation be considered consensual?
Not at all. Article 1152 of the Civil Code of the Russian Federation “Acceptance of an inheritance” indicates that each applicant for the property of the testator must independently express his consent. In other words, if one or several participants have confirmed the rights, this is no reason to believe that the "silent" also agree to receive shares.
We can say that in this case the principle of "each for himself" works. You can’t get away from him, a completely normal phenomenon. For example, you can completely abandon the inheritance or give your share in favor of a specific heir. If someone has agreed to accept the inheritance, the remaining applicants are not affected by this desire. Until they express themselves on their own and the property that they are entitled to, no one will force and force to inherit. This is the personal right of every citizen.
When will it be mine
Establishing the fact of accepting an inheritance is not the most important thing. Some are much more concerned about the question of when the property will be considered divided by law, as well as belonging to certain persons. It is really important to know and understand.
Art. 1152 of the Civil Code of the Russian Federation indicates that from the moment of opening the inheritance the property will belong to the person to whom it was originally intended. Of course, only when a confirmation / approval for entry into it was received from this citizen. An important factor here is that the actual acceptance of the property, its registration with the relevant authorities, as well as the issuance of the relevant certificate do not play any role.
In other words, even without these documents, you will have the right to own, use and dispose of the inheritance that was given to you. Right from the moment of opening. In practice, if you plan to carry out real estate transactions, you first have to get all the relevant documents and register the property, if necessary, and only then, completely legally, dispose of what was transferred to you from the testator.
Entry dates
This concludes Article 1152 of the Civil Code. But here are just the features associated with our current process - no. We will have to take into account some more points that are important for the heirs.
Say, the so-called term of inheritance plays a huge role. This is the period in which you have every right to declare your desire to receive property owed to you. Six months are allotted for this.After the specified period, the citizen will no longer be the heir. With rare exceptions. Which one?
In arrears
What to do if all inheritance dates missed? If you had good reason (good reason), you can restore the right to inherit. There are several ways to do this.
The first is to turn to other heirs. They write in writing their consent to your participation in the division of property. Then you turn to the court, they make a section for you. It is rare in practice.
The second is simply to stock up on evidence of good reason and go to court. In cases if you did not know or could not know about the opening of the inheritance, lived in another country or underwent long-term treatment / rehabilitation, you will have the right to restore your candidacy as an heir.
findings
What can be summed up? The procedure for accepting an inheritance in Russia is a very complicated and complicated process. As a rule, in practice, all property is distributed among first-stage applicants. And if, for good reason, you missed the deadline in which you had the opportunity to claim your rights to the stake, it is recommended that you go to court for restoration.
By the way, it was previously said that grandchildren and nephews inherit property according to special principles. What are they based on? On the example of grandchildren, they will receive an inheritance from grandparents in the dimensions in which it was intended for parents. At the same time, it is important: in this category of heirs, the right comes only if the parent-heir is dead.
