The inheritance process is governed by Russian civil law. This is a very complex and versatile procedure with many different components. It is the law of inheritance that will be considered in detail in this article.
General characteristics of inheritance
What is an inheritance transfer process? According to Article 1110 of the Civil Code of the Russian Federation, this is the transfer of property of the deceased person to other persons. This process is based on the succession order of a universal nature. Inheritance under the law of the Russian Federation is a single and invariable process that must be carried out in strict accordance with the norms of civil law.
And what is an inheritance? According to the law on inheritance, this is some kind of thing or group of things that make up property that is subject to transfer from the deceased person to the legal heir. The composition of the inheritance may not include the powers or duties of the testator, his right to alimony or to compensation for harm, etc. According to the law, the inheritance can only be material wealth.
The inheritance is opened from the moment of death of the citizen, which is the testator, and with the announcement by the court of the corresponding legal consequences.
About the heirs
Which individuals can act as legal heirs? The answer to this question is given by Article 1116 of the Civil Code of the Russian Federation. According to the law on inheritance, such persons can only be living citizens who were conceived during the life of the testator or were born shortly after the opening of the inheritance. Legal persons who officially existed on the day of opening of the inheritance property may also act as heirs. Who else can act as an heir? 
This is what the law indicates:
- regions of Russia;
- Russian Federation as a single state;
- municipal state formations;
- foreign states;
- international organizations.
Section 1117 of the Law on Inheritance (Civil Code of the Russian Federation) lists unworthy heirs - that is, persons who do not have the right to property left over from a deceased citizen. Here it is worth highlighting persons who maliciously evaded fulfillment of obligations to care for the deceased person, as well as citizens who carried out unlawful intentional acts against the testator and some other persons.
About the will
The will is the most important document in the entire inheritance procedure. According to Article 1118 of the Civil Code of the Russian Federation, the disposal of property is included in the rights of only those persons indicated in this document. The will becomes valid only after the death of the testator. The will is made personally, no representatives are allowed here. The holder of the will must have full legal capacity. Orders in the will are made only by one citizen.
The process of transmitting a will and the implementation of further actions, according to this document, is strictly unilateral. By will, the rights and obligations of citizens are created when the inheritance is opened.
Article 1119 sets forth the principle of free will. According to the law, a testator can distribute shares of his property in any way that is available to him and in a legal way. No other persons can and should not influence the preparation of the document in question. It concerns this principle and the ability to bequeath absolutely any kind of property, but only if they are material in nature.
On the form and procedure for the transfer of wills
The will is a very important document, and therefore it must be properly executed. According to Article 1124 of the Civil Code of the Russian Federation, a will is made in writing and is notarized. Otherwise, the document will simply be invalid.
The law states that in some cases witnesses may be present when a will is passed to a notary. According to the normative act, the following citizens cannot act as witnesses:
- notary or his deputy;
- the person in whose favor a will or testament is made;
- legally incompetent citizens;
- non-literate citizens;
- persons with physical or mental disabilities who are not able to fully understand the essence of everything that happens;
- persons who do not speak Russian or do not speak enough of it.
Both the presence of one of the persons represented as a witness, and the complete absence of witnesses (in special cases) entails the invalidity of the document being drawn up.
About types of will
Inheritance by law and testament is a slightly different process from one another. So, in the first case, property passes from a deceased citizen to a certain person according to the norms of the law, that is, according to a special hierarchical system of kinship. In the second case, the testator gives direct instructions to those persons whom he considers the most suitable for owning property.
According to Article 1125 of the Civil Code of the Russian Federation, any will must be notarized. The will can be open and closed. A closed document is compiled secretly from witnesses, possible heirs, and even a notary public. Such a document is stored in a special envelope on which are signed by the notary, the testator himself and the witnesses. After the death of the testator, the notary is obliged to transfer the contents of the will to interested parties within fifteen days in the presence of two witnesses. A copy of the will is transmitted to the heirs, the original remains with the notary.
It is also worth noting that some wills can be equated with notarized. According to article 1127, these may be documents whose compilers:
- are in a hospital or nursing home;
- are on board ships (the captain acts as a notary public);
- are in prison or in military service.
What is the order of inheritance by law, if a testament was given to possible testators? The answer to this question is given by article 1133.
Execution of the will
The execution of the document must be carried out in accordance with the data specified in the document. The only exceptions are those cases when most of the conditions fall on the responsibilities of the executor.
According to Section 1134 of the law in question, executors of a will are called executors. Regardless of whether such persons are heirs, they are able to proceed with the fulfillment of the conditions specified in the document within a month. If the inheritance is fully opened, the executor is relieved of his duties by a court decision.
Thus, in the presence of a will, no special order or sequence of inheritance under the law can exist in principle. Everything should happen only according to the document drawn up by the testator.
About heir groups
It is finally worth turning to the question of the line of heirs under the law on inheritance. According to articles 1141-1147 of the Civil Code of the Russian Federation, all persons applying for an inheritance are lined up in a special queue consisting of several groups. First of all, the relatives closest to the testator are included: children, spouse, parents, grandchildren (if the children have died or do not have the right to inheritance). The heirs of the first stage inherit everything in equal parts.
The second stage includes brothers and sisters (both full and half), grandfathers and grandmothers, nephews and nieces. The third group consists of cousins and cousins, as well as uncles and aunts.In all subsequent groups, relatives of the third, fourth and subsequent tribes are included - according to the order of succession by law.
On Acceptance of an Inheritance
Section 1152 describes the processes for the adoption of property constituting an inheritance. The heir acquires the inheritance after submitting his consent to it and signing the relevant papers. If the inheritance is escheatized (when none of the possible heirs has a right to it), then it passes to the local municipality, region, etc. Consent to accept escheat is not required.
According to article 1153, there are several ways to obtain an inheritance. This is an opportunity to receive property through a representative or directly from a notary. A person who:
- paid the taxes of the testator or received funds that are due to the testator;
- took measures to preserve the property received from encroachment by third parties;
- entered into possession or inheritance by will, etc.
Inheritance by law is law, that is, a phenomenon that is of a dispositive nature. This means that you can refuse the inheritance. But how can this be done?
About the rejection of the inheritance
Articles 1157–1160 of the Russian Civil Code enshrines the rules according to which it is possible to legally refuse the inheritance received. Failure can be made in any case. The only exception is getting escheated property, but this is already the state’s job.
The heir may both indicate the persons in whose favor he carries out the refusal and not do so. The heir has exactly six months to refuse. After the specified period, all property will become its property. Failure to inherit is irrevocable. The court issues the refusal, but only if the heir is fully competent.
According to Article 1158, in case of refusal of property received, the principle of succession should also be respected. Inheritance by law cannot be transferred from a refused person to citizens who do not have any right to property.
Inheritance protection
Another important topic that the law establishes (Article 1171 of the Civil Code of the Russian Federation) concerns property protection. The first thing worth noting here is the protection of the rights of heirs. Such rights are automatically protected by the state. If it is a question of protecting the property received, then it should be executed by a notary public. For example, if a minor has the right to inherit an apartment by law, then local state bodies are obliged to protect this type of property until the heir is fully come of age.
More details about property protection measures are described in article 1172 of the Civil Code of the Russian Federation. The inventory of property may be made, the storage of certain types of property in banks or special institutions, the transfer of property for storage to a close relative of the heir, etc.
About special types of inheritance
According to chapter 65, there are types of inheritance of property of a special nature. So, in article 1176 it is indicated on the inheritance of rights that are associated with the participation of persons in business companies or partnerships. A share of any member of a cooperative or other society may be inherited. Moreover, the specifics of inheritance are enshrined in the charter of the relevant legal entity.
Legal entities may also act as an heir or testator. So, in accordance with Article 1178, enterprises, peasants or farms, vast land plots, etc. can be inherited. Moreover, the form of inheritance in this case will not differ much from that used by individuals. Everything should be notarized and transferred by court order.
About the responsibility of the heirs
According to Article 1175, inheritance by law after the death of the testator must occur in strict accordance with the norms of the Civil Code of the Russian Federation. Otherwise, the guilty heirs will be held responsible.
Each heir who accepted the inheritance must be liable for the debts jointly and severally. On a joint basis, the heirs are liable for the debts of the testator. Thus, creditors may present their claims to persons responsible for the debts of a deceased person. The lack of timely payments should entail the initiation by the court of the appropriate clerical work.