In Russia, many issues are caused by registration of inheritance rights. Only with the right approach to solving the problem, the mentioned process will not cause any significant trouble. In fact, each heir must remember many rules and laws, guided by which, it will be possible to realize the idea. What features of the inheritance procedure are important to pay attention to first of all? How to get property from the testator?
Description
Registration of inheritance rights in Russia is a procedure for obtaining property by inheritance. This operation does not cause trouble if there is only one heir. When several people claim property, they have to face a number of problems.
Inheritance rights arise in families. A huge role in this matter is played by the degree of kinship - the more dear, the greater the chances of obtaining property. The inheritance appears after the death of the testator.
It is this method of obtaining property found in almost every family. Third parties are usually not heirs. But if there is a testament document, then it may indicate non-native people to whom the previous owner of the property decided to write off the property or its share.
Inheritance methods
It is important to remember that in Russia there are several ways to obtain an inheritance. Depending on the situation, the algorithm of actions necessary for further registration of property rights will change.
So far, you can get property from the testator:
- according to law;
- by will.
Inheritors are advised to write a will in advance. In such documents it is customary to indicate to whom and what share of property to give after the death of the previous owner. Otherwise, the heirs may have conflicts.
Turn
Registration of inheritance rights by law (without a will) takes place in order of priority. As we have already said, the more dear a person is to the testator, the closer he is to the inheritance.
In Russia, a large number of degrees of priority is envisaged. The first line is usually attributed to:
- spouses;
- children
- parents.
These individuals have inheritance rights in the first place. Further property can get brothers, sisters, grandmothers, grandchildren, grandfathers. But the guardians, stepmothers, stepdaughters, stepsons and stepfathers are the heirs of the last turn.
Important: as long as there are applicants for property of a higher level, relatives distant from the testator cannot claim the property as an inheritance. This rule applies to inheritance by law.
Basic principles
Guidelines for registration of inheritance rights begin with pondering the issue of acceptance of property from the testator. In the Russian Federation, an inheritance can be accepted or rejected. It all depends on the wishes of the heirs.
Waivers are usually written in favor of other property claimants. Otherwise, the property will be divided between all who accepted the inheritance in equal shares.
Within six months from the moment the will is opened (or the death of the testator), a person must come to a notary public and write a statement to refuse / accept the property. After this, the citizen will be given a special document in which they indicate the ownership rights of the heir regarding this or that property. This certificate is useful when contacting the Rosreestr.
Order of inheritance
Registration of inheritance rights is carried out in several ways - by a notary public and in court.There are no more options for the development of events.
The most common design at a notary public. In this case, the heirs should not have any disputes or conflicts. As we have already said, a notary will issue a certificate of the established form for state registration of property rights in the future.
Nevertheless, sometimes you have to go to court. Such a design is necessary if the heirs have disputes and disagreements. Most often, this alignment occurs during inheritance by law.
Typically, property applicants decide for themselves how to act. The main recommendations for registration of inheritance rights indicate that it is preferable to contact notaries to solve the task.
We act through a notary public
Now we will consider each method of obtaining property from the testator in more detail. Let's start with the simplest solution - contact a notary public. Acceptance and registration of inheritance rights in this case cause a minimum of trouble.
So, a person will have to act according to the manual:
- Within 6 months from the death of the testator, contact a notary. Write a statement of acceptance of the property. If you do not want to take ownership, a refusal is written.
- Generate and bring the documents requested in the notary's office. Usually their list depends on the degree of relationship with the testator.
- Get a notarized certificate of consent to receive property.
- Pay duties and notary services. This item can sometimes be skipped.
- Come to the registration authority with some documents and a notary's certificate for registering property rights.
As a rule, such a solution is not a hassle. State registration of property rights to property should be made after six months from the date of the will or death of the previous owner.
Litigation
Notarization of inheritance rights will not cause any trouble from now on. But what if there are any conflicts with other heirs or when the deadline for contacting a notary was missed?
In these situations, you need to go to court. In general, if a person within 6 months from the moment of opening the testament document did not take this or that decision regarding the acquisition of property, it is generally accepted that the heir refused it. The right of inheritance can be restored only if there are good reasons for missing the time allotted for the decision to exercise the inheritance rights.
What can help regain inheritance rights? The methodological recommendations of the Federal Law on the registration of inheritance rights indicate that the following circumstances will help to restore the receipt of property from the testator:
- permanent residence with the testator until his death;
- minority of the heir or his incapacity;
- actual use of the inheritance.
The resolution received during the court ruling will come in handy at the Federal Registration Service during registration of property rights.
Also in court it is possible to obtain property if citizens have any conflicts. Enough for this:
- File a lawsuit to resolve inheritance disputes.
- Collect documents that are capable of influencing the course of business in one way or another.
- Take part in the meeting and get a court decision at the end.
In fact, hereditary disputes cause a lot of problems. Heirs are advised not to miss the deadlines for taking property from the testator, as well as to resolve all disputes with relatives in advance.
Features of registration by will
But this is not all the features worthy of attention! Registration of inheritance rights by a notary can sometimes resemble a whole ritual. The previously proposed algorithm of actions usually takes place in relation to an open will. But the testament document is closed.
In this case, the paper opens in the presence of a notary and persons who consider themselves heirs. In addition to them, there must be independent witnesses (at least 2 people). The authorized person opens the will and reads it. Next, an act is drawn up in which all the actions taken are recorded.
Documentation
Registration of inheritance rights is a very difficult task if there are disputes with other heirs. What papers can be useful for the implementation of the task?
Usually when contacting a notary public they bring:
- statement of acceptance of property by inheritance;
- a certificate from the place of residence of the testator;
- identification;
- death certificate of the testator;
- documents for property (if any);
- will (if any);
- documents indicating kinship with a citizen.
If you go to court, you will additionally need a statement of claim and evidence that a person can receive one or another part of the property as an inheritance. Guidelines for registration of inheritance rights will help to cope with the task!