The order and methods of accepting the inheritance. Article 1153 of the Civil Code of the Russian Federation

Everything related to inheritance and methods of acceptance of inheritance is regulated by the Civil Code. It contains all the necessary information for all occasions. In the article we will get acquainted with the current legislation and consider with examples some of the nuances of obtaining property that the deceased left behind.

Acceptance and composition of the inheritance

According to the laws of our country, in order to receive an inheritance, one must not only have the right to do so. It is necessary to comply with the adoption procedure. It means that the heir must perform certain actions that indicate his intention.

In addition, the rule of law must be observed. This means that the heir receives the property in the form in which the testator left it. It does not matter where the heir is located, nor does the date the property was taken. The inheritance includes all material values determined by the testator or the law. When the testator dies, the amount of property and its size, as well as the state are recorded.

This approach is crucial in many situations. For example, you can take a stake in a limited liability company. Members of the company or its founders cannot appropriate the profits of the deceased holder of a share in this company. This is because during the period when the heir enters into his rights, all the money that was not paid to his testator, as well as income during the opening of the inheritance, receives a new copyright holder.

Adoption the inheritance, methods and terms of this procedure largely depend on the obligations imposed by law or testator.

If the obligations are imposed by law, they pass to the heir, despite the consent or disagreement of the testator. This mainly includes credit debts or any other debts.

Ways to accept

There are two ways to accept an inheritance:

Actual.
With the help of a notary.

They have a different order of execution, and the final results differ, although both methods work to ensure that the heir takes over his rights and obligations.

To understand what is at stake, you need to consider each method in more detail.

Actual way

One of the ways to accept the inheritance is the actual one. This method does not provide for any special procedure or procedure. All actions and actions that relate to this method can be traced logically, in addition, they are supported by law. This includes the following actions:

employee management;
use of territory or living space;
maintenance of the inheritance (payment of utility bills, timely repairs, running costs);
reimbursement of expenses for the treatment of the testator (in case of a serious illness), his funeral, protection of the inheritance and its management;
receipt of money that the testator owes.

Actual acceptance of the inheritance, methods and terms of its receipt are negotiated and notarized. This is necessary, since the heir does not have official papers, which can subsequently be proof of his innocence. For this reason, you need to know about the second method.

Notary clearance

The concept and methods of accepting the inheritance are stipulated in the Civil Code. According to the law, registration of an inheritance with the help of a notary's office is the primary method of possession of property. There is a certain procedure. First, documents are collected, then a notary is visited and a fee is paid.

After all these actions, the heir has a documentary evidence of his rights, namely a record in the Unified Notary Information System. If the heir wishes, then a certificate is issued that confirms his status. With such a document you can register property.

After this information, many will conclude that these two methods are equal. Yes, on the part of the law it is, but in practice everything turns out differently. For this reason, in order not to cause yourself unnecessary trouble, it is better to immediately draw up an inheritance with the help of a notary. If this is not possible, then you can use the actual method, however, subsequently, you will have to inherit the property in a judicial proceeding.

How to accept an inheritance

So, the concept and methods of accepting the inheritance are more or less clear. What is the process of possession of property? We will analyze in detail how to act in each situation.

Notary acceptance

If the heir draws up his rights with the help of a notary public, then the acceptance procedure will be carried out according to the following points. They are enshrined in the eleventh chapter of the "Fundamentals of Russian legislation on notaries." Here is what the heir should do to receive the due:

Visit a notary's office and chat with a notary. The services should be selected by those specialists who are located in the territory where the testator is registered.
Present to the notary a death certificate of the testator, your passport or birth certificate (if the heir is a minor) with the passport of the legal representative. Also, a document is required to provide, which confirms the right to inheritance, it can be a certificate indicating kinship with the deceased, or a will.
Write a statement that he is ready to accept the inheritance. You can write the same application, but to issue a certificate that confirms the right to possess the property of the deceased.
Submit an application and additional documents that claim the rights to the object of inheritance. This may be a contract of sale, gift, privatization. In addition to contracts, this can include certificates that the object has no debts and encumbrances, it is not pledged.
Pay the state fee for obtaining a certificate.

In this way, accepting the inheritance under the Civil Code, you can draw up all documents. It is not necessary to have appropriate paper on hand. It will be necessary only if the heir decides to sell the property or enter information about it in the State Register.

Actual Acceptance of the Inheritance

It is clear that the terms and methods of accepting the inheritance differ, the concept of this procedure always remains the same. Consider now the second way of entering the inheritance rights. If a person decided to accept the inheritance in fact, then he will not have to do anything special. Enough of the fact that he will take on the property. However, situations may arise when it is necessary to document their rights. In order not to deviate from the concept, methods and timing of the adoption of the inheritance, regulated by the state, you need to perform the following algorithm of actions:

Make a statement in which you need to request to establish the fact that the inheritance is accepted. Submit it to the court, which is geographically located in one place with the property taken. There, you will need to provide a package of documents and evidence.
Get a positive court decision.
Contact the notary's office or directly to the notary for a certificate that confirms the rights of the heir. To get it, you have to provide a notary with a court decision.

When the method of accepting the inheritance is selected and the order is followed, you need to check all the documents. It is this number of papers that will provide a positive court decision in the case:

Testament death certificate.
A copy of the will, certified by a notary, or a document that establishes family ties with the testator.This can be a certificate of adoption, marriage, change of surname or birth certificate.
A copy of the plaintiff’s passport or documents of a voluntary representative (passport and power of attorney). For a legal representative, a power of attorney is not needed.
Proof of. These include a certificate stating that the heir lives on the testator’s area, receipts on utility bills, payment of repairs, paying off debts, documents that establish property rights, a passbook in the name of the testator, as well as witness testimonies.

Trial

If the actual was chosen from among 2 ways of accepting the inheritance, then the heir will have to go to court in order to get a satisfactory decision on the inheritance. But besides this reason, there are still moments when ships cannot be avoided. It:

If the heir cannot provide documents that confirm kinship with the testator or a death certificate.
The will is not valid.
Heirs behave unworthy.
If the will is not allocated a share for the spouse who survived the testator.
The deadlines for accepting the inheritance are missing.

Whatever the reason for filing an application with the court: the actual method of accepting the inheritance or one of the above situations, you first need to contact the notary and get a certificate from him. Even if there is a refusal to open a case in the certificate, subsequently it will be possible to confirm that the heir applied within the time period established by law. After a visit to a notary public, the heir must file a claim with the court. In this statement, he asks to challenge or establish circumstances that matter. If the outcome is positive, then you need to proceed according to the notarial method. The lawyer will tell about the terms and procedure for accepting the inheritance.

Waiver of inheritance

The heir has the right to refuse the inheritance for personal reasons. The burdens of obligations, subsequent investments in inheritances and many other reasons play an important role.

The Civil Code of our country states that any citizen has the right to refuse inheritance property. This can be done in full or in favor of other people. Of course, the methods for accepting an inheritance and the ways to refuse an inheritance are different. To refuse an inheritance, you need to do a little - write a statement and hand it to the notary who conducts the inheritance. But if a citizen who is not yet eighteen years old refuses the inheritance, then first you need to coordinate the refusal with the guardianship and guardianship authorities.

You can refuse the inheritance in the case when it was previously accepted, but it must be done within six months from the date of the testator's death. If the property was actually taken, then you can refuse it after six months, but this will be done through the court.

The refusal of the inheritance is irreversible, but in some cases an exception is made (the heir refused under pressure or because the established rules were violated).

Opening and closing an inheritance

The discovery and methods of accepting the inheritance are often thought of only after the death of the testator. It also happens that in a short period of time it is determined whether the heir remains with anything or receives an inheritance. According to the law, the term starts only on the next day after the opening of the inheritance. The methods of accepting an inheritance in Roman law are not too different from those accepted today. Let's talk about the period when you can get the property of the deceased.

So, in order to accept the inheritance, you need to have time to submit documents within six months from the date of death. According to the Civil Code of our country, the expiration of the acceptance of the inheritance falls on the final month, the number coincides with the opening date. But there are precedents. For example, if the deadline for accepting an inheritance is to end on February 29, then the end date is shifted by the 28th.If 28 is a non-working day or day off, then the end date is considered, for example, the first of March.

For all six months, you can apply to the notary's office for a personal visit or send by registered mail. In the second case, the evidence of the time and date of sending remains on hand, which means that in case of any proceedings, the date of submission of documents will be considered the day the letter is sent.

Duration of acceptance of the inheritance

The period for which the inheritance can be accepted is six months from the moment the inheritance business is opened. This term is valid for:

For those who receive property under the law and in line.
On people who inherit the values left by the testator.
On the heirs that are indicated in the will of the deceased. These people apply for part of the property only if the heir, by law or testament, has died and has not had time to accept the inheritance. This also includes cases where the heir refuses the property or is deemed unworthy.

Special term

Regardless of the method of accepting the inheritance, the Civil Code of the Russian Federation sets special deadlines for obtaining property. This concerns mainly the following groups of people and situations:

The procedure for recognizing a person as dead. It happens that the date of death is not subject to installation, then it is determined in court. In this case, the opening of the inheritance begins from the moment the court decision is made. From this moment, the set six months are counted. Usually, the time of the alleged demise converges with circumstances that might have entailed her. In accordance with this determine the circle and the property that will be included in the inheritance. When there is no information about a person for five years, he is recognized dead in court.
Recognition of the heir unworthy. An unworthy heir cannot claim property based on law or testament. Such heirs are people who have intentionally committed unlawful acts against a testator in order to increase their share or that of another heir. But they can receive an inheritance if the will is written after confession of their guilt. A period of six months is considered from the moment the heir was considered unworthy.
Each case is spelled out in its article of the Civil Code. So, article 1153 “Methods of accepting an inheritance” describes this procedure in detail, and article 1158 “Refusal of an inheritance” regulates other issues for which special terms are also provided. If a person refuses the inheritance, then part of it can be distributed among people who are waiting for their turn by testament or law. If the refusal is made in favor of a certain person, then part of the property goes to him.
Unacceptable inheritance. If in six months a part of the inheritance has not been accepted, then the remaining heirs can acquire it in three months. Property is also called lost if the persons have been inactive for six months, but there are nuances. Even if a person did not submit property for acceptance, he can actually own it, that is, use, pay, and so on.
If, before accepting the inheritance, the heir dies, then all his property passes to another heir. In this situation, a special period is also provided. When in order to accept the inheritance, there is more than three months, the period remains unchanged. If there are no three months, then the adoption period is extended by another three months.
Children who are born after the testator has died. If the deceased was expecting his child to be born, then the term for accepting the inheritance begins only from the moment a live child is born. That is, after the child is born, all the heirs will have six months to declare their rights. This is due to the fact that a newborn can also inherit the property of his father.

That's all the information about the methods, terms and concept of inheritance.In fact, everything is very easy. The main thing is to understand all the information, and if for some reason this could not be done, it is recommended to find a good proven specialist. It is a good notary who can explain what to do in a given situation.

Of course, relations between heirs play a huge role in matters of inheritance. Very often, a happy and friendly family is ready to kill each other as soon as it comes to property. And here you need to clearly understand the line of your actions and not step over it, because in the end you can be left without everything. The smallest thing that can happen is the recognition of the heir as unworthy, and if his actions are contrary to the law, then he may also incur criminal liability. To prevent this from happening, it is better to focus on the timing of the adoption of the inheritance and correctly executed documents. This is what will come in handy in case of litigation and other disagreements. Before you do something, it is better to think about the fact that all the secrets sooner or later become apparent, and you will have to answer for all your actions. Therefore, it is always necessary to observe not only the law, but also moral principles. After all, no money can replace close people nearby, and if you think about it, the testator hardly wanted his heirs to disperse enemies.