Inheritance is represented by certain values received from a deceased relative. A notary public is engaged in its transfer, and for this the information contained in the will is necessarily taken into account. Some citizens prefer not to use a will, therefore their property is distributed after death on the basis of the requirements of the law. For this, the order of inheritance between relatives is taken into account. The notary correctly determines the order, and also distributes all the values and debts based on existing family ties.
rules
The procedure for inheritance by will is considered the simplest process, since in this official document the owner of the property independently determines who will be the recipient of the values after his death. When compiling this paper, you need to use the help of a notary. The specialist informs the client that mandatory heirs should be indicated in the document.
The will is a paid procedure, so people with a small amount of property prefer to trust the law. In this case, their values are divided on the basis of legislative requirements. Only relatives of the deceased person, living on the day of opening the inheritance or conceived during his lifetime, but born after death, can become heirs.
Succession order
If there is no correctly drawn up will, then the notary determines the order of succession. For this, all the relatives of the deceased person who may claim his valuable property are taken into account. The basic rules for the transfer of values under the law include:
- the procedure for the right to inherit property must be strictly observed by a notary public who is in charge of opening this case;
- only the relatives of the deceased citizen, as well as persons who are dependent on him during life, can apply for the inheritance;
- there are 8 queues in the Civil Code depending on the presence of family ties;
- First of all, only the closest relatives represented by children, spouses and parents are included;
- heirs included in the second priority may claim values only provided that there are no people who are considered to be in the first priority;
- based on Art. 1141 of the Civil Code, it is possible to deprive people of their right to inheritance if they are unworthy of receiving valuables for various reasons.
The first stage includes the closest relatives. If they are absent, then the values are transferred to the heirs of the second stage, to which brothers or sisters, as well as grandparents are ranked. The order of inheritance is clearly defined by the provisions of Art. 1144-1145 Civil Code.
Be sure to primarily include children who were not yet born at the time of the death of the testator. Dependents are counted on the basis of Art. 1148 Civil Code for the eighth turn, as well as when transferring property, special rules are used.
The nuances of the transfer of different types of property
The order of inheritance is clearly described in numerous articles of the Civil Code. At the same time, a large number of different values can enter the hereditary mass. The inheritance of certain elements may differ in some ways.
The order of inheritance of property takes into account numerous nuances.
Escheat
Unconscious things are considered the most valuable and important. These include apartments or houses, as well as land and buildings located on them. In addition, shares in any real estate are included here.
The order of inheritance of rights to a land plot suggests that the testator must be the direct owner of the object, therefore, he must have correctly executed land documents.
For the receipt of such property is not required to pay tax, but at the same time the notarial fee is calculated correctly, depending on the estimated value of the property. If the testator lived in the apartment on the basis of a social tenancy agreement, and there are no other tenants, then after his death the object passes back to the municipality, therefore it is not included in the estate.
Part in a business partnership
The inheritance procedure for such property has the nuances:
- after accepting the inheritance, the citizen may engage in managing the partnership on the basis of the share received;
- the receiver becomes a full-fledged participant in the partnership only after obtaining consent to this process from other participants;
- if the founders are opposed to the heir becoming a member of the partnership, then he is paid the cost of the share.
Upon receipt of such an inheritance, it is taken into account that not only rights, but also obligations are transferred to a citizen.
If a share in society is inherited, then not only the relative of the deceased citizen, but even the company itself can become the heir, if the relevant information is available in the company's charter.
Other nuances of inheritance of different property
Property passing in the order of inheritance can be represented in numerous forms. Understand the rules for registration of ownership must a notary engaged in this matter. However, there are some other features of the process:
- if a person with a share in a consumer cooperative dies, then the heirs can count on the remaining income from such an organization, the receiver can also join the cooperative;
- if the testator executed the funded pension during his life, then it shall be inherited;
- if the citizen did not manage to receive the due salary before his death, then it shall be transferred to the legal successors;
- often citizens use things provided by the state, and in this case they are not included in the estate, therefore they are returned to state bodies;
- funds stored in banks are inherited in the usual way, if there is no special order of the deceased.
All the above nuances are notified to the heirs. What inheritance order is used after a person dies? Initially, it is revealed whether he has a will, since if it is available, money and property are distributed on the basis of existing instructions. If there is no document, then the transfer of objects by law is performed.
Who can’t count on inheritance?
There are certain situations where citizens cannot obtain the right of ownership by inheritance. These persons include:
- spouses with whom the marriage was divorced through the court before the direct opening of the inheritance case;
- spouses whose marriage was recognized by court to be invalid, and a court decision may be made even after the inheritance is opened;
- citizens who were in a civil marriage with the deceased person, and it does not matter how many years they have been cooperative, since they are not included in any line of heirs, but the exception is if the common-law spouse was dependent on the deceased man ;
- heirs recognized by the court as unworthy.
All these citizens can not claim the property of a deceased person if the values are distributed on the basis of the provisions of the law.
Who is required to share?
The order of inheritance must be clearly observed by the notary and the heirs. We must not forget that certain individuals who are obligatory heirs have been identified.In any case, they can claim some of the property belonging to the deceased person, even in a situation where there is a will where there are no such citizens. They may legally claim the inheritance of property. The inheritance procedure requires consideration of the provisions of Art. 1149, where all mandatory heirs are indicated.
An obligatory share is being introduced to support the most vulnerable and socially vulnerable citizens, which include minor children or disabled close relatives. Therefore, parents and spouses who cannot earn money on their own can rely on a certain share of the inheritance of a deceased relative without fail.
The obligatory heir may lose his right only if there is an official court decision on the basis of which he is deemed unworthy.
The concept of inheritance by law
Often, legitimate heirs die even before or at the same time as the testator. In such a situation, the right of representation arises, on the basis of which the relatives of the deceased heir can receive the property of the testator.
The representation of the successor must necessarily be less than that of the legal heirs. For example, a woman dies without leaving a will. She has only one direct heir, represented by her son, who dies a few days after her mother. It is his children, represented by the grandchildren of the woman, who are the heirs by representation. All property is divided between them.
Deadline
Each heir must know how and when property is inherited. The inheritance procedure implies that the procedure for the adoption of the hereditary mass, which includes not only property, but also the debts of the deceased person, must be carried out in a strictly specified time.
Based on Art. 1154 of the Civil Code, all citizens applying for the values of a deceased person must apply to the notary for registration of the inheritance within six months. This period begins with the death of the owner of the values. During this time, all citizens receive information about the estate, after which they can submit an application to a notary to recognize the right of inheritance to the property.
The actual acceptance of property, which assumes that a citizen uses certain objects before registering the right of ownership and receiving the property of inheritance, is separately highlighted. This is possible if the property was used by people before the death of the owner. The order of inheritance of the apartment allows the actual adoption of such property, if the heirs have lived for a long time on the same living space with the testator.
After the end of the established 6 months, all people who apply to the notary public with a statement receive a certificate of inheritance. It acts as a title document, therefore it is transferred to the Federal Register for registration of the right to objects received from the testator.
By a court decision, this period may be restored or extended, but there must be substantial grounds for this. For example, being a citizen in an army or prison, marrying, or having a baby.
If there are no good reasons, then it is allowed to restore the term only provided that the other heirs agree with this, so they draw up a written consent certified by a notary.
How is the procedure performed?
The right of ownership by inheritance can be obtained only with the competent acceptance of the inheritance. The procedure is divided into successive stages:
- all citizens who are legal receivers must contact a notary public within six months;
- a notary office is selected for these purposes at the place of opening of the case;
- a written statement is transmitted by the heirs, on the basis of which they are provided with the certificate of inheritance by a notary.
The received property acts as a title document, with the help of which it is then necessary to contact the Rosreestr to register the right to various objects received from the testator.
The nuances of the process
The notary independently determines which heirs applying to him for the inheritance belong to a particular queue. If there is no will, it is this specialist who decides on the rules for the distribution of existing values, for which the requirements of the law are taken into account.
The nuances of inheriting the law include:
- legal successors are called by a notary only in the absence of official orders or wills of the deceased person;
- legal heirs are required if not all property belonging to the testator is indicated in the will;
- the closest persons or dependents have special rights, since they can count on a mandatory inheritance even if they are not included in the will;
- according to the law, there are a maximum of 8 succession lines, the first to include the people closest to the testator, and the eighth includes dependents who are outsiders to the deceased citizen;
- if the legal heir dies before entering into the inheritance, then his right passes to the descendants;
- adoptive children and parents have the same rights as relatives, but for this adoption must be carried out officially;
- if the deceased person has an official spouse, then she can count on the separation of her part from the common property, and she also acts as the heir to the first stage;
- Based on the requirements of the Civil Code, all citizens who are legal heirs must contact a notary public to register an inheritance within six months after the death of the direct owner of the property;
- to enter the inheritance, you must contact the notary engaged in this matter, passing him a statement and documents confirming the right to inheritance.
If each person knows these nuances, then he will not have difficulties with receiving an inheritance, transmitted on the basis of the requirements of the law.
Conclusion
If it is discovered after the death of a person that he has not left behind any orders or official will, then the property belonging to him is transferred to heirs determined on legal grounds.
The inheritance procedure involves contacting a notary with a correctly prepared statement within six months after the death of the direct owner of the property. Extension of time is allowed only if there are good reasons. If the direct heir dies, then the successor is engaged in the design of the inheritance.