Entry into the inheritance without a testament: deadlines. Legacy

Very often it happens that a person dies and does not leave a will after himself, or for one reason or another it is recognized as invalid. It also sometimes happens that at the time of the announcement of this administrative document all persons mentioned in it are dead, renounced their rights or are recognized by a court unworthy heirs. In such cases, the law provides for inheritance without a will. The terms, order, sequence and other nuances of this procedure are clearly spelled out in the Civil Code of the Russian Federation. Let's get to know this topic better.

The timing

Very often, some people are afraid not to have time to submit the necessary documents for inheritance. Almost the next day after the funeral, they begin to worry about this and look for a notary's office. Others, on the contrary, think that this can be done at any time. Both categories of people are mistaken. This is due to the fact that they encounter the procedure for the first time and simply are not familiar with it.

The law clearly describes the inheritance without a will. Dates for starting this procedure are also indicated very accurately. So, the application for inheritance is submitted to the notary public within six months after it is opened hereditary business. The date of opening the inheritance case shall be considered the day after the death of the testator.

There are times when the fact of leaving a person’s life is alleged. Then six months are counted from the date when the relevant court decision comes into force. In it, a person is declared dead. This date comes 30 days after the release of such a decision in final form.

If the right to claim the property arises as a result of the transfer of priority due to the fact that someone refused the inheritance, then you can take it within another six months after that.

It happens that the right to inheritance passes to the person due to the fact that none of the other applicants turned to a notary public. In this case, the main term is extended for another 90 days.

Sometimes situations arise when the unborn child is the heir. In this case, the entry into the inheritance is postponed until the baby is born safely. After this, the procedure proceeds in a general manner.

The applicant for the property has the right to submit documents confirming his decision to enter into the inheritance, not only personally, but also send notarized papers by mail. In this case, the date of application will be considered the day the letter is sent, regardless of when it reaches the addressee.

There is also the option of early entry into the inheritance. However, this is possible only when there is overwhelming evidence of the absence of other applicants. This is extremely rare. Lawyers do not recommend starting such procedures, since their legality is quite controversial.

In the event that within six months no person accepted the inheritance, it is alienated in favor of the state.

Deadline

Sometimes, for objective reasons, the final date of entry into the inheritance is missed. Terms in this case can be extended. To do this, you must go to court.

If the validity of the reason is confirmed, the court takes a positive decision. In this case, the already issued documents for the property are canceled.

If by this moment the heirs have already managed to fully or partially dispose of the property received, then they must compensate this part with money. The rest is returned in the form in which it was.

However, it must be remembered that the court should be contacted no later than six months after the completion of events that impeded the submission of an application for inheritance.

Subject of inheritance

Obtaining an inheritance is impossible without determining its composition. The Civil Code of the Russian Federation defines this concept quite clearly. So, the composition of the hereditary mass, which can be transferred by law, includes the property of the deceased, which belonged to him at the time of opening the inheritance. It may be represented by:

• things;
• securities;
• money
• various property rights;
• responsibilities.

Simply put, the subject of inheritance is almost everything that is commonly called the property of a person and can be transferred to someone else.

However, if the first three concepts are considered the inheritance of the deceased unconditionally, the last two have exceptions that are not considered inheritance, although they were related to the deceased. Not all property of a deceased person can be included in the hereditary mass.

The property includes only property that does not have an inextricable link with the deceased. Also, its transition should not contradict the legislation of the Russian Federation.

Priority

Registration of an inheritance without a will provides for compliance with a certain sequence of applicants for property:

1. Husbands, wives, sons, daughters, mothers, fathers.
2. Grandmothers, grandfathers, sisters with brothers.
3. Aunts and uncles (siblings of mother and father).
4. Great-grandmothers and great-grandfathers.
5. Cousins: grandchildren, grandmothers, grandfathers.
6. Cousins: great-grandchildren, nephews, uncles, aunts.
7. Stepdaughters with stepsons, stepfathers with stepmothers.

It is very important that the father’s inheritance is also given to those children who, at the time of his death, had not yet been born, but had already been conceived.

Transfer of inheritance rights

The main applicants for the property of the deceased are the primary heirs. In very rare cases provided for by law, they are not allowed to accept the inheritance. For example, in case of deprivation of parental rights, the father and mother cannot claim the property of their child.

Claims for property by heirs under the law of the next priority are presented only in cases that are clearly spelled out in the Civil Code of the Russian Federation. Inheritance rights shall be transferred to them when all previous applicants:

• are absent;
• deprived of the right to inherit;
• did not accept the property.

The reasons for this may be the following:

• death;
• renunciation of inheritance;
• the court's decision.

If the testator and the beneficiary die within the same day, then the property passes to the successors of each of them in the manner prescribed by law.

If the death of the applicant for the property occurs after the opening of the inheritance, then the share is divided according to the principle of legal transmission. That is, the right to take possession of the property passes already to its heirs.

Preparatory stage

To accept the inheritance under the law as simple and painless as possible, you must follow simple rules:

1. Prepare a set of required documents.
2. Check for a will.
3. Contact the appropriate state notary public office within six months after the death of the testator.

Documents

Registration of an inheritance without a will provides for a set of certain documents. It includes papers that:

• fix the deceased's property right to property;
• confirm the right to inherit;
• prove the fact of death;
• are optional.

The first group includes various title documents. Depending on the type of property, these can be:

• certificates of ownership or state registration;
• privatization, sale, gift, exchange contracts;
• vehicle passports;
• bank deposit agreements and others.

The full list of documents that will need to be provided depends on the form of ownership included in the estate. He can be determined by a notary. The inheritance is drawn up under his strict control and guidance.

The second group includes the passport of the person filing the application, as well as documents that confirm the relationship with the deceased (birth certificate, marriage and others).

The third group includes the death certificate of the testator or the relevant court decision.

The fourth group includes special documents that a notary may require in each case. This can be a pension certificate or a disability certificate and so on.

The presence of a will

Before submitting documents and writing a statement that you wish to inherit by law, it will not be superfluous to verify the absence of a will. To do this, you can contact any notary who has access to the appropriate registry. He will verify this fact. If the will is available, then it is necessary to contact the notary in which it is stored.

Opening place

The inheritance opens in the state notary's office. It should be in the area in which the deceased has recently lived. This should be confirmed by the relevant documents provided by law (mark in the passport, home book, etc.).

By court decision, the opening of an inheritance may be transferred to another place. However, for this it is necessary to present reasonably good reasons. They can be a very short period of stay of the testator at the last place of residence, the location of the property and other facts that the court considers important.

There are times when, for various reasons, it is impossible to establish the last place of residence of the deceased. Then the opening of the inheritance is made upon the fact of finding the property or the most valuable part in value terms.

Entry procedure

The procedure for accepting an inheritance is a complex of sequential actions. They are provided for by the legislation of the Russian Federation and therefore are binding. After going through all stages, a person receives a certificate of inheritance. This can be done both personally and by proxy. Obtained inheritance documents must be carefully stored, try not to lose or spoil, so as not to create unnecessary legal problems in the future.

This procedure consists of several stages:

1. A statement is written in the corresponding state notary office in which the person expresses a desire to accept the inheritance. It happens that there is no way to do it personally. In this case, a notarized document is transmitted by an authorized person or sent by mail.
2. Documents provided for by law are provided.
3. Notary fees are paid.
4. A certificate of inheritance is issued.

It should be borne in mind that the transfer of ownership of real estate ends after registration in Rosreestr and receipt of the corresponding certificate.Also has its own characteristics and inheritance of vehicles. To complete the procedure for transferring ownership, they must be registered with the traffic police.

Required share

Even if the deceased fully or partially bequeathed his property, some citizens are entitled to allocate an obligatory share in the inheritance. It is determined by law. The Civil Code very clearly stipulates this clause and defines the categories of such people.

The obligatory share is assigned only to the heirs by law in accordance with priority. The determination of its size occurs sequentially.

1. The cost of all property that is included in the estate is calculated.
2. The number of all heirs is determined by law and the property share of each of them.
3. The mandatory share is defined as half of what a citizen would be required by law.

Sometimes, when there are several simultaneous factors affecting the accounting for a share, it is not possible to accurately calculate the inheritance due to each. The court in this case is the court, designed to resolve all disagreements.

An obligatory share is provided for several categories of heirs, namely:

• spouses and parents who are disabled on the day of opening the inheritance (who are entitled to an old-age pension, disabled people of groups 1, 2, 3);
• sons and daughters under the age of 18;
• disabled adult children;
• dependents who were on the maintenance of the deceased.

Renouncement

Some people decide to abandon their inheritance. There are various reasons for this. Sometimes such a decision is made in favor of another person. Also, a decisive factor in this matter may be various obligations of the deceased, which the heir does not want to fulfill.

In order to abandon property legally required, you must also visit a notary public. Failure is a bit like inheritance without a will. The terms for this are the same: six months from the date of the death of the testator. And this also happens in the state notary's office, where the inheritance is open.

The similarity ends here. No documents are collected. It is not needed for this procedure. Just filed a waiver of inheritance. This document is compiled quite simply:

1. The heading of the statement is written, which indicates to whom and from whom the paper is supplied.
2. Next is the title of the statement.
3. The text indicates the intention to refuse the inheritance of the deceased, it is specified if this is done in someone’s favor.
4. At the end of the document is the date and signature.

The application can be submitted in person, by proxy or by mail. In the second and third cases, it must be certified by any notary.

If the opportunity to meet the deadline is missed, then the court must confirm the right to refuse the inheritance.

Entry into the inheritance is a rather responsible procedure. For many, it takes a lot of energy. It is better to start it not immediately after the funeral, but a little later. To be able to mentally focus on their actions.

The main points, the observance of which guarantees the correct entry into the inheritance without a will, are the deadlines and place for submitting the application. It is necessary to treat them with special seriousness and responsibility. With a reasonable and balanced approach to business, the procedure always proceeds normally, and everyone receives what is prescribed by law.