The inheritance is represented by various property remaining after the death of a citizen. It passes to the heirs, which may be indicated in the will or determined on the basis of legislative requirements. Entering into the inheritance takes 6 months, and during this time protection of the estate is often required, which ensures the preservation of values. It is the notary public who must take care of protecting these items until they become the property of the heirs.
Who is involved in security?
Various measures for the protection of hereditary property are taken by a notary public who is engaged in a specific case. To fulfill this obligation, he may involve other persons.
Often, when preparing a will, citizens immediately appoint performers, who must coordinate all their actions with a notary. Even local authorities can perform all the functions available to a notary, therefore it is to them that the obligation to protect inheritance property passes. This method is used if in a small town there is no notary office. In a foreign country, all actions are performed by the consulate.
The timing
The term of protection of hereditary property is 6 months. During this period, all heirs take over their rights, so the ownership of the property passes to them. After this, the powers held by a notary are completely terminated.
If the executor is appointed immediately by the testator, he must exercise control over the values until the will of the testator is fulfilled.
When is the deadline extended?
Often the period during which a notary public must protect property increases to 9 months. There are several reasons for this:
- a certain heir refuses to enter into his property rights;
- a specific receiver is removed, as it is deemed unworthy;
- values are not accepted by a citizen for various reasons listed in Art. 1154 GK;
- hereditary transmission is used.
In all of the above situations, the protection of hereditary property by a notary continues even 6 months after the death of the testator.
What measures are being taken?
The procedure for the protection of inherited values is considered quite complicated. The notary must adhere to the correct procedure for the protection of hereditary property. It consists in performing several actions:
- a specific inheritance case is opened initially by a notary;
- an inventory of existing property is made;
- requests are sent to various state institutions, allowing to receive information about all the values belonging to the deceased citizen;
- the information received is kept confidential, since it is allowed to provide it exclusively to the contractor appointed in the will;
- after that, various measures are taken to protect the identified property.
To protect the estate, the notary performs the above actions, and also uses various actions aimed at protecting values.
What measures are applied?
There are several ways that a notary can protect property, which is then transferred to the heirs. The main methods of protection of hereditary property include:
- compilation of an inventory of values, which takes into account information obtained as a result of inspections or requests;
- tracking data on deposits or loans in banks, apartments, houses and other facilities;
- the method of storing money or other valuable items is determined, for which the form and parameters of a particular object are taken into account;
- some items require specific storage conditions, which are necessarily provided by a notary public;
- for cash, a short-term deposit is opened in the bank;
- securities are transferred to the bank for storage;
- a special cell is drawn up for jewelry at a banking institution;
- some objects are transferred for trust management if there is no possibility to use other methods of their preservation, and this includes different shops or other types of business.
If values for management or storage are transferred to third parties or companies, then this is necessarily accompanied by the preparation of official contracts. Using different methods, reliable protection of inherited property by a notary is provided.
Are values transferred to heirs?
If the heirs actually live in real estate or do business in an organization open to a deceased relative, then these objects are transferred to them for storage.
In addition, citizens who are not related to the inheritance are often often involved. A custody agreement is drawn up with them.
When is value protection necessary?
Taking measures to protect inherited property by a notary is used in relation to the most valuable items. Different protection methods are applied only in case of urgent need. This is due to the fact that the specialist must take into account the interests and rights of heirs, creditors and the state.
The notary independently decides in different situations about the need to apply certain measures. Taking measures to protect inheritance property is always accompanied by additional expenses reimbursed from the inheritance. For his activities, the notary receives a reward equal to the size of the minimum wage, but not always this amount covers the costs incurred. Therefore, notaries often do not use different protection measures.
By a notary public, measures to protect hereditary property are mandatory under the following conditions:
- unauthorized persons or companies may gain access to property;
- users of objects are treated with values in bad faith, which often leads to their destruction or destruction;
- receivers cannot independently use different ways of storing items, and at the same time they have concerns that third parties may destroy elements;
- property is transferred to a legal entity, which must certainly be accompanied by an inventory.
Different measures of protection may be used by the notary on their own initiative or on the basis of a petition drawn up by the heirs.
How are the measures implemented?
Only if there are good reasons is the adoption of measures to protect inheritance property. The requirement to use these methods can be put forward by different people:
- direct successors;
- the contractor appointed by the testator during the preparation of the will;
- local authorities;
- guardianship authorities, if the recipient of the property is a minor.
Each appeal is certainly registered by a notary in a special book of accounting. The notary must immediately respond to such requests, therefore an inventory of the property is carried out promptly, and the premises in which the inherited property is stored are sealed if the testator lived alone until his death.
The specialist is not allowed to delay the use of various events. Notaries often delay the inventory due to employment, which leads to the destruction or loss of values.For such illegal actions, a specialist may be held liable.
How is the inventory of property?
The most popular and effective way to preserve property is its inventory. During the execution of this process, the provisions of Art. 1172 Civil Code. The main rules of the inventory of property include:
- at least two witnesses are required;
- witnesses should be represented by competent persons with Russian citizenship, and they should not have physical defects that are an obstacle to the concept of the essence of the inventory;
- it is permitted to attract direct heirs or executors of a will for the inventory;
- if property is inherited by minors, the presence of official representatives, as well as a representative of the guardianship authorities, is required.
Guardianship authorities are involved even if the recipient of the property is an incompetent, but adult citizen.
Rules for drawing up an inventory statement
During the inventory of property, a corresponding act is formed. The following information is entered into it:
- date of formation;
- information about the notary public who deals with the inventory of property;
- information about the application filed by interested parties, on the basis of which the inventory was used to preserve the property;
- information about the testator;
- information on the availability of different values and objects located in a sealed apartment;
- data on the withdrawal of funds, jewelry or securities;
- the time when the inventory procedure was stopped, as well as the reason for stopping.
The document is made in triplicate, as one remains with the notary public, the second is handed over to the contractor, and the third is submitted for study to the heirs.
In the act for each valuable item a separate item is allocated. It is important to describe the values as accurately and in detail as possible in order to prevent possible substitution. It is the heirs on the basis of the agreement that determine the estimated value of certain values.
The nuances of storage and property management
If the executor of the will is appointed by the testator during his lifetime, then all property included in the inventory shall be transferred to this citizen for saving. If there is no contractor, then the notary may attract another independent person with whom a formal contract is drawn up. After that, it is he who is responsible for the preservation of values.
Often inherited objects that need to be managed. These include different shops, offices or other companies. This also includes securities or shares in the authorized capital of different firms. In this case, a trust deed is drawn up with the selected person in charge. For his actions, he can count on a reward.
Features of registering a case
As soon as all measures aimed at preserving the property are undertaken by a notary public, he makes an appropriate entry in the register. Then they collect various acts, certificates, contracts and statements of inheritance. These documents are attached to the case.
Even if there are no heirs, a hereditary case is opened. Often, under such conditions, the search for heirs is carried out in various ways. The notary can independently decide whether to use any means of protecting property or not if there are no applications from interested parties.
Conclusion
The hereditary property is executed by the heirs only 6 months after the death of the testator. At this time, it is the notary public who must ensure that these values remain intact. Different methods and measures can be used for this.
The heirs themselves are interested in ensuring that values are not spoiled or destroyed. In this case, they may submit appropriate petitions to the notary engaged in the conduct of a specific inheritance case.