Obtaining an inheritance is a complex and lengthy process, performed within six months after the death of the testator. All heirs are notified by a notary public about the possibility of accepting the inheritance, but not all people wish to receive values, so they compile a statement of renunciation of the inheritance. Citizens may have different reasons for such a decision, but in any case, one should figure out how to correctly compose such a refusal.
Reasons for refusal
The application of the heir to refuse the inheritance is usually made in the following situations:
- the deceased person has too many debts, so even the property he has is not enough to pay them off, which leads to the lack of expediency for the heirs to inherit, since it takes not only property, but also debts;
- if a citizen accepts the property, this can lead to a conflict between relatives, so a person who wants to avoid such negative consequences renounces the inheritance;
- the heir had a hostile relationship with the deceased person during his life, so he simply does not want to accept any values;
- on various grounds, the share received is transferred to another person.
It is the testator’s debts that are considered the most popular reason for refusal. But in addition there may be personal circumstances. If a citizen wants to transfer his share to another person, then he compiles a statement on the refusal of the inheritance in favor of a third party.
How to refuse?
Not all people are happy to receive news about the possibility of inheritance. The law states that the adoption of the hereditary mass is not an obligation. Therefore, if a person finds out about the possibility of obtaining property, he can refuse it, for which it is important to correctly draw up a statement from a notary. It is advisable to make a renunciation of the inheritance after preliminary deliberation, as the document cannot be recalled.
You can abandon the values just like that or in favor of other heirs. Moreover, the law clearly defines the circle of persons to whom part of the inheritance may be transferred. This includes only legal heirs or people specified in the will.
When drawing up a statement on the refusal of a share of the inheritance, it is important to remember that it is impossible to refuse only a certain part of the property. Therefore, you cannot indicate any reservations or conditions in the document.
When will it fail to refuse?
It is not possible to make a statement of renunciation of an inheritance in the following situations:
- the heir wants to transfer his part of the property to a person not included in the will;
- a citizen claims a mandatory share;
- there is a dedicated heir.
You can submit an application only in a limited period of time (6 months after the death of the testator). During this period, citizens may accept or refuse the inheritance.
Ways to refuse
You can refuse an inheritance by various methods. These include:
- Visit to a notary's office where a specific inheritance case is opened. You can find out exactly which organization you need to contact at the notary office of a specific region. Further in this institution a statement is drawn up to the notary public about the renunciation of the inheritance. It is transferred to a specific specialist in the business. The process can be performed at any time within six months after the death of the testator. Moreover, such a procedure is allowed even if the property has been accepted before.If the deadline is missed, then it will not be possible to use the help of a notary, since it will be necessary to restore the term in court.
- Skipping deadline. For this method, you just have to wait until the expiration of 6 months. During this period, the citizen does not draw up an application for the acceptance of the inheritance, and there should also be no reason for the actual adoption of values or debts. Therefore, it is not allowed to live in an apartment owned by a deceased citizen or to keep his property. After the expiration of this period, all successors who filed an application for the receipt of values will receive the property on the basis of priority.
It is best to refuse officially, for which it is advisable to contact the notary directly who opened the case. A sample application for a waiver of inheritance is presented below.
Why is a lawsuit filed?
Missed time for refusal or acceptance of inheritance can be restored. To this end, a statement of claim is being prepared to refuse the inheritance. The following requirements must be met:
- the citizen actually accepted the inheritance, for example, lived in an apartment belonging to a deceased relative;
- for good reason, the heir missed a half-year period.
If such conditions are not satisfied, then to refuse the inheritance will not work even with the help of a statement to the court. Refusal of an inheritance implies that a person is deprived of the right to property, and it is impossible to withdraw the application.
The term is restored exclusively by the court, the notary does not deal with such issues. The judge assesses the reasons why the heir did not refuse the inheritance on time. If they are not recognized as respectful, then officially it will not work to abandon the values.
Application form
A statement of renunciation of the inheritance is made only by a notary. For this, a special form is used, which can be taken from a specialist. There are basic rules for filling out a document:
- the document is written only;
- samples established by law are used;
- each notary's office has special forms;
- the applicant must, on his own hand, enter the necessary information into the document;
- You can submit an application not only with a personal visit to the institution where the designated notary works, but sending the document by mail is also allowed;
- the notary shall certify the signature of the heir.
It is advisable to study the sample application for the renunciation of the inheritance before drawing up the document in order to take into account the nuances of the formation.
What information is entered?
When compiling a statement of renunciation of an inheritance, certain information must be indicated in the document. These include:
- address of the work and name of F. I. O. of the notary who opened the inheritance case;
- information about the direct applicant, to which his full name includes F. I. O., address of registration and residence, data from the passport;
- information about the testator and the property that the applicant may claim;
- direct information about the renunciation of the inheritance;
- if a decision is made to transfer the property to other persons, then the recipient of the values is indicated in the application;
- the date of the application is written;
- The applicant signs the documentation.
The refusal is made according to the standard scheme, but it is allowed to add additional information to the application if necessary.
Compilation requirements
When forming a statement of refusal to accept the inheritance, the heirs must take into account some requirements. Information on the rules for filling out the form can be obtained directly from the notary. Basic requirements for the preparation of the document:
- it is allowed not only to refuse the values, but also transfer them to another person, but the chosen citizen must be the heir by law or testament;
- if the inheritance is transferred from a person who was under the care of the heir, then refusal requires permission from the guardianship authorities;
- documentation is drawn up within 6 months from the date of the death of the testator;
- it is not allowed to transfer the inheritance to persons recognized as unworthy heirs;
- it will not be possible to transfer the property to third parties if the designated heir is indicated in the will.
A refusal by a citizen who is legally incompetent or has limited legal capacity cannot be compiled. Under such conditions, the participation of representatives of guardianship authorities is required.
Where is the application filed?
If a person within six months after the death of the testator decides to refuse the inheritance, then he must perform the following actions for this:
- official refusal is made;
- the document is transmitted to the notary who opened the case;
- if the procedure is carried out in the army, then the refusal is transferred to the commander of the military unit.
After receiving the application, the notary is engaged in its registration. He advises citizens on who exactly can inherit.
Document submission deadline
An official statement is drawn up within six months after the death of a citizen whose property is inherited.
If this period is skipped, then to restore the term you will have to go to court. A positive decision is made only if there are good reasons, for example, if the citizen did not know about the death of a relative or was in the hospital.
Is it possible to refuse an obligatory share?
When inheriting property, mandatory heirs are often identified. They are represented by the minor children of the deceased citizen or other persons who are dependent on him during his life.
Even if obligatory heirs are not indicated in the will, they will still be allocated a specific share under the law. The law does not allow targeted rejection of the required share.
A citizen can simply make up a waiver of inheritance. In this case, its part of the property will be transferred to other successors in equal shares. To do this, you will have to correctly compose a corresponding statement with a notary.
What is the state duty paid?
The performance of various notarial actions is certainly accompanied by the need to pay a state fee.
For filing a waiver of the inheritance will have to pay 100 rubles. A receipt for the payment of the fee is attached to the application.
How to apply?
After compiling the refusal, it is important to transmit the document to the notary. There are several ways to do this:
- personal transfer of the document to a specialist, for which it is necessary to contact the notary who opened a specific inheritance case;
- sending the application by mail, but first it is important to verify the signature on the application with a notary;
- use of courier services;
- engaging a representative who must have a notarized power of attorney with him.
It is advisable to use the mail or the services of a representative in a situation where the immediate heir is in another region or has a serious illness that does not allow him to independently deal with various issues. In other situations, it is advisable to personally contact a notary.
Sometimes a specialist requires the preparation of additional papers. For example, if a minor refuses the inheritance, then he will have to prepare a permit from representatives of guardianship authorities. Guardians check whether the interests of the minor are violated during the refusal of the inheritance.
Conclusion
Citizens are not always willing to receive any property after the death of their relatives. In this case, they may refuse the inheritance. A special statement is drawn up for this. The document may indicate other recipients of the property, if they are entitled to values.
A statement is required within six months after the death of the owner of the property. It is allowed to skip this period, and then restore it through the court if there are good reasons.