Today you will be presented with a sample application to the notary of entry into the inheritance. Each citizen needs to get acquainted with a similar document. Indeed, sooner or later almost every resident of the Russian Federation will become an heir. And he has to go through the process of accepting property from a deceased relative. This is a completely normal and legal phenomenon.
Inheritance methods
How can I inherit? In Russia, the following scenarios are possible:
- inheritance by law;
- receipt of property by will.
Regardless of the method of inheritance, you will have to submit an application to the notary to enter the inheritance (a sample of it will be presented to your attention later). Otherwise, the person loses the right to receive property from the testator.
The timing
It is worth paying attention to the fact that the operation under study has some time limits. The thing is that the heirs can accept or refuse the property laid by them within 180 days, counted down after the death of the owner. If a citizen has ignored this period without good reason, he will be deemed to have given up inheritance rights.
What does it mean? Within 6 months after the opening of the testament (or the death of the testator), each heir must submit an application to the notary for the entry into the inheritance (a sample document is presented below). Or write a similar document, but with a waiver of property.
Order of receipt
Actually, writing consent or rejection is easier than it sounds. The basic rules of this action we will consider later. First we’ll try to understand how to enter into an inheritance.
The procedure in this case is extremely simple. It comes down to the following manipulations:
- Collection of documents. The list of papers requested from a citizen when accepting an inheritance is presented below.
- Appeal to a notary public within the prescribed period.
- Writing and submitting an application to the notary of entry into the inheritance.
- Waiting for the expiration of six months.
- Obtaining a certificate of acceptance of the inheritance from a notary.
- Registration of property received from the testator in accordance with the rules established in the country.
That's all. In reality, everything is simpler than it seems. Especially if a citizen receives an inheritance by will or on condition that he is the sole heir to the first stage.
About Queue
These are all well-known rules for applying to the notary of entry into the inheritance. A sample of the relevant paper is already presented to our attention. You may notice that the document does not have any features.
It is important to remember that when inheriting according to the law, the succession of heirs takes place. In this case, the degree of kinship with the testator is taken into account. The closer it is, the higher the chances of inheritance.
There are 8 inheritance lines in total in Russia. Initially, the property is distributed among potential recipients of the first degree. If they refuse the inheritance or are absent altogether, then the property is transferred to the next "step". And so on.
The first line of heirs includes spouses, parents and children. Further, the right to inheritance arises from sisters and brothers, grandparents. Then come the aunts and uncles, great-grandfathers, cousins. Then cousins, aunts and uncles can claim the inheritance. The seventh step of the heirs include stepfathers, stepmothers, stepdaughters and stepsons.
Civil Code of the Russian Federation the 8th turn, that is, the last, is given to dependents - people who are not included in the remaining succession lines. However, such persons may be called upon to inherit along with other lines.
Spelling rules
What does a sample application to a notary of inheritance look like? Registration of property by law and by will is already known to us. And what rules should a citizen observe when writing consent to accepting property or when refusing it?
In reality, everything is much simpler than it seems. It is enough to remember that:
- The application has its own structure. It consists of a heading, name, specification, main body and conclusion.
- It is necessary to write the text correctly, without errors, typos and inaccuracies.
- When preparing a document, you must take into account the rules of conducting business correspondence.
- The main part usually prescribes data about the deceased and the will of the potential recipient of the property.
- Conclusion of the document - the applicant’s signature is put here, as well as the date of appeal to the notary's office / court.
The exact form of the sample application to the notary of inheritance (we already know how to accept the property) does not. The main thing is that the document was presented on a tangible medium. And it is written by hand or printed - this is not so important.
About documentation
As already mentioned, citizens must prepare certain documents. Without them, refusal or acceptance of the inheritance will not be considered. Usually the heirs do not have any problems with the preparation of the requested papers.
These include:
- identity cards of applicants;
- a statement with a decision regarding the receipt of property from the testator;
- evidence confirming the fact of the death of the testator;
- any papers confirming kinship;
- a certificate from the last place of residence of the deceased;
- will (if any);
- title papers on inherited property.
Other documents may also come in handy. For example, a court decision to reinstate a citizen as an heir. Or recognition of the testator as dead.
After the notary
Now we understand the rules for applying to the notary of entry into the inheritance. The sample of this document does not have any features that can be difficult to remember.
What to do after a citizen has agreed to an inheritance? Wait for the previously mentioned period. Then you can go to a notary for a certificate of acceptance of the property. So what is next?
Special attention is paid to the procedure for registration of property rights. Without them, the inheritance cannot be considered complete. This is done in Rosreestr or in the cadastral chamber.
The heir will have to take with him:
- passport;
- documents for property;
- certificate from the notary about the acceptance of the inheritance;
- application for amendments to the cadastral passport.
This is usually enough. After about 10 days, you can pick up a copy of the certificate of ownership in Rosreestr. From then on, the citizen will be the real owner of the property assigned to him.
By court
A sample of filling out an application to the notary of inheritance is presented to your attention. There is nothing difficult in this task. What to do if the deadlines for accepting property from the testator are missed?
If a citizen has not turned to a notary public within 6 months from the moment of opening the inheritance, then he has a direct road to court. Restore the right of inheritance will succeed only if there are good reasons.
These include:
- staying for a long time abroad;
- hospital stay
- lack of information from the heir about the emergence of inheritance rights.
This is not an exhaustive list of situations in which the restoration of inheritance rights in court is possible. If there is an appropriate court order, it will be possible to go to a notary public and receive a certificate of acceptance of the inheritance from him. Only after that a visit to the Federal Registration Service for registration of rights is allowed.
About Failures
It is clear how the request to the notary for consent to receive the inheritance looks like. A sample of this paper is simple and understandable to all citizens. But what if a person wants to abandon his property? After all, some consciously agree to such a step.
You will have to act in a similar way. It’s clear how to accept the inheritance. A sample application to the notary of admission is prepared without much difficulty. And the failure will be similar. Only in the appeal will it be necessary to write not “I agree to enter into the inheritance”, but “I refuse the inheritance”. That’s the whole difference.
findings
We dealt with all the features of writing an application for inheritance. Samples of disclaimer and consent have been presented to your attention. They do not have any significant features.
In fact, obtaining an inheritance by law or by will is not difficult. Especially if the citizen has no disagreements with the other heirs. A sample application to the notary of the entry into the inheritance was presented to our attention. The rules written above will help to cope with the task!