Issues related to the acceptance of the inheritance and the heirs are of interest to many. Sooner or later, they will affect every citizen. After all, everyone has some inherited property. And the heirs as well. About the ways of making the provision written in article 1153 of the Civil Code. True, without comment, this section of the code is extremely difficult to understand. Many of the nuances of the process, which are very important, are not understood. So how can you get the property that is due to you from the testator? What do you have to do? And are there any time limits in this area? Or are you at any time able to bring the idea to life?
Order
In fact, everything is not so difficult to understand as it seems at first glance. According to Art. 1153 of the Civil Code, acceptance of inheritance by a citizen is carried out exclusively at the place of opening thereof. Moreover, in the presence of a notary or authorized person.
In order to confirm his consent to the property, the citizen is obliged to transfer the application for inheritance to the above persons. Without it, usually the will of the heir is not considered publicized. After receiving the application, the naturius or the authorized person must issue a certificate of inheritance. This paper is a confirmation of the process.
Not personally
As a rule, the application is submitted personally by the heir. But in article 1153 of the Civil Code of the Russian Federation, some exceptions are indicated. The thing is that the law says - you can send a statement with your will by mail. Only taking into account some features. More precisely, all signatures and the application itself, sent to persons authorized to "issue" certificates of inheritance, must be notarized. Otherwise, the citizen’s consent is not true.
By proxy, you can also instruct the receipt of property from the testator. But only when the document has special permission to carry out the process. If we are talking about the legal representatives of a person, then, according to Article 1153 of the Civil Code of the Russian Federation, the acceptance of an inheritance does not require any powers of attorney and additional authorizing “papers”. In practice, as a rule, our today's process is most often directly carried out directly in person.
Without agreement
Russian law is a huge mystery to citizens. To fully understand it, one has to pay attention to numerous nuances. And inheritance adoption issues are included here. Perhaps this is one of the most complex and confusing topics in the entire Civil Code of the country.
It has already been said - entry is possible after submitting an application for consent to receive property or to issue a certificate of inheritance by a notary. But sometimes there are exceptions. "Silence" who did not give any consent, can also be considered as those who decided to receive property from the testator. How does this happen?
This process is called informal adoption. Article 1153 of the Civil Code of the Russian Federation indicates several actions with property that may indirectly give confirmation of the heir to receive the relying from the testator. So keep that in mind. Not always a formal form takes place.
In what cases is it considered to be the heir who has inherited? Or rather, when does he informally give his consent to the process? For example, if he owns and manages what is due to him by law or testament. This is not the only scenario. After all, also refer to the informal forms of expression of will:
- improvement of inherited property at their own expense;
- preservation and protection of inheritance by a citizen;
- payment at own expense of debts of the one who provides the inheritance;
- receipt of funds intended for the testator.
These acts informally confirm a person’s consent to receive property that is due to him. There may be other factors indicating the actual adoption thereof. But more often than not, the specified layouts are found in practice.
Minors
What else does the article under the number 1153 of the Civil Code of the Russian Federation indicate? The thing is that there follows a comment on it. He clarifies the features of our process today. Without them, one cannot be sure of one’s actions. In some circumstances, without taking into account the nuances, it is possible to interpret the adoption of the property in law.
For example, the moment, including the inheritance by minors, plays a huge role. It is very important. Cases of this kind are not uncommon. Especially if the testator died suddenly (say, due to an accident).
Persons under the age of majority enter into the inheritance with the help of their legal representatives. Parents, guardians or trustees - this is not so important. An application for property is written on behalf of representatives. There is nothing illegal in this, because the acts are aimed at increasing the well-being of the child, and not at reducing it.
Just keep in mind, article 1153 of the Civil Code of the Russian Federation also indicates that all minors aged 14 years and over should independently express their own will. But only with the permission of legal representatives. It must be given in writing.
Legal capacity and emancipation
The capacity of citizens also plays a huge role in our current issue. Indeed, the laws state that only a fully “adequate” citizen has the right to inherit property. Partially competent, if you “rely” on Art. 1153 of the Civil Code of the Russian Federation, are entitled to a transaction, but only in a judicial proceeding.
Special cases for minors are also provided. Some marry before the age of 18 or receive emancipation. In this case, no consent to obtain the inheritance from legal representatives is required. A citizen will act in the same way as an adult. There is nothing difficult to understand in this, but you still have to take into account the rule. Indeed, even the approval of guardianship authorities does not take place in this case.
Not born
Art. 1153 of the Civil Code of the Russian Federation (with comments) also indicates another important, but not too frequent case in the matter of inheritance. Sometimes it happens that the heir has not yet been born, and he is supposed to receive this or that property from the testator. What to do in this case?
A moot point. But thanks to our article in the Civil Code today, understanding the situation is not so difficult. Why? The thing is that an unborn child cannot receive an inheritance. But he has such an opportunity immediately after birth. This means that after birth (alive), the baby's mother (or legal representative) acts as the applicant for property. Sometimes in this process you have to prove the relationship of the child and the testator. When it comes to the father, a marriage certificate, as well as DNA testing, can help. Fortunately, such cases do not occur very often.
Missing
Article 1153 of the Civil Code of the Russian Federation (with commentary) points to another rather interesting point. It is also extremely rare in practice, but it does. In some cases, the heirs may be missing. What then to do with inherited property?
No way. You just have to wait for the rightful heir to appear. Until this time, persons are appointed who will protect the property. But they have no inheritance rights. No one else is able to receive property. So, even if a citizen is missing, he "is not debited."
Dates of adoption
And now a little about what is not in our article today.Namely, the terms in which you have the right to receive property from the testator are not specified here. After a certain period, this opportunity is lost.
The law establishes that from the moment of opening the inheritance, citizens have six months to express a desire to receive property. In formal or informal (Article 1153 of the Civil Code of the Russian Federation, paragraph 2) form. After this period, the right to join is lost. It can be restored in court, but only if there are good reasons.