An application for acceptance of an inheritance is a document that can be useful to every citizen. It is created after the appearance of inheritance rights in humans. How to get this paper? What difficulties can people face? Who can be the heir at all under certain circumstances? Having answered all these questions, everyone will be able to understand the law of succession without much difficulty.
Inheritance right
An application for acceptance of an inheritance may not be submitted by all. There is a certain circle of persons who have the appropriate authority.
To begin with, the applicant must have inheritance rights. They arise after the death of the testator. Further, a citizen is given a certain period of time to make a decision on the receipt or refusal of the prescribed inheritance.
Who can be the heir
As already mentioned, only certain persons can submit applications for acceptance of the inheritance. They are called heirs. This circle of persons is determined depending on the method of transferring the property of the deceased.
For example, if inheritance by law occurs, then only the relatives of the deceased will be found among the heirs. The closer the relationship, the greater the chances of obtaining a share of the property of the deceased.
Inheritance by will allows a citizen during his life to determine the circle of potential recipients of the inheritance. It can include relatives, the state, legal entities, and strangers.
Important: probate inheritance with a certain preparation gives people a minimum of trouble.
Terms for consent
It is worth paying attention to the fact that Russian legislation allows the adoption of decisions regarding the entry into the inheritance at certain times. An application for acceptance of the inheritance must be submitted to the authorized person no later than 6 months after the death of the testator.
In the same period of time, a citizen may issue a waiver of the property put to him. In such circumstances, the inheritance rights of a person with respect to a specific testator will be abolished.
It so happens that the applicant is both the heir by law and the recipient of the property by will. In the above six months, you will have to decide how the property will be drawn up by inheritance. You can write consent to action "by law", and "by will" refuse or vice versa.
For the "silent"
If the application for acceptance of the inheritance has not been presented to the notary, the inheritance rights are lost. This alignment is relevant for the "silent" - people who for 6 months have not decided whether to enter into their inheritance.
You can restore inheritance rights, but this is problematic. Typically, in Russia, the passage of the deadline for inheritance results in the exclusion from the number of recipients of property of the deceased.
Application Structure
The statement of acceptance of the inheritance is an important document. Its design and compilation must be taken seriously.
Firstly, the document must be submitted to the notary in writing. Verbal consent to the property of the deceased does not have legal force.
Secondly, a request for inheritance in Russia is made in a free form. At the same time, it is advisable to observe a certain paper structure.
A statement should ideally consist of:
- hats;
- names;
- the main part;
- list of attached documents;
- conclusions.
There is nothing difficult or incomprehensible. The sample application for acceptance of the inheritance, presented to our attention, will certainly help to understand how to properly draw up the relevant document.
About the content
Now a few words about what needs to be written in the studied documentation. As already mentioned, a request for acceptance or refusal of an inheritance is made in a free form.
In this paper you must write:
- your decision;
- personal data;
- information about the deceased testator;
- information on the method of obtaining the inheritance;
- information about the property that the person refuses or that he accepts.
In addition, do not forget about the listing of documents attached to the application. Usually the corresponding list is written under the main part.
The document header is not always executed. As a rule, the applicant’s data and information about the notary’s office, in which further actions will be carried out, are written here.
The conclusion of the application for acceptance of the inheritance consists of the date of filing the notice, as well as the signature of the citizen. No more information should be here - only the signature of the potential heir.
When can I restore the term of inheritance?
It was previously said that under certain circumstances, a person can restore the terms of entry into the inheritance. This is not the most common scenario. It is usually considered as an exception.
To cope with the task, it is necessary to submit a statement of claim on the acceptance of the inheritance and the restoration of the deadlines for entry into it. The petition is sent to the judicial authority at the place where the will was opened.
The restoration of inheritance rights may be carried out if:
- the citizen did not know about his rights due to living in another country or region;
- the person underwent treatment or rehabilitation after the death of the testator;
- natural disasters or other force majeure events prevented from expressing their decision regarding obtaining property from the deceased.
If the court considers the reason for missing the deadline significant, it will be possible to review the redistribution of property between all the heirs. Previously divided property will be judicially distributed among all its recipients, taking into account the new applicant.
Instruction: How to Agree to an Inheritance
Notaries accept applications for acceptance of the inheritance only if the document is executed correctly. How to cope with the task?
In general, the instruction for entering into the inheritance looks like this:
- Wait for the death of the testator and the opening of the will (if any).
- Take along the necessary list of documents for further operations and contact the notary's office at the place of residence of the deceased.
- Write a statement of acceptance of the inheritance.
- Agree to receive ownership of a notary.
- Wait six months from the death of the testator.
- To appear in a notary's office and receive a certificate of acceptance of the inheritance.
Now you can re-register ownership of the new owner. There is nothing difficult about this. The main thing is to correctly form a package of papers for the implementation of the task.
Help for registration
An application for the acceptance of an inheritance by law is no different from obtaining property by inheritance by will. As already mentioned, the main thing is to form a specific package of documents. Without them, it will not be possible to cope with the assigned task - consent to the inheritance simply will not be accepted.
The following extracts will be useful for the paper to be studied for the potential heir:
- from the place of residence of the testator;
- civil passport of the deceased;
- death certificate;
- applicant's identity card;
- statement of established form;
- testament (if any);
- documents of ownership of inherited property;
- certificates confirming kinship with the testator.
As practice shows, all this will be more than enough. It is advisable to bring copies of all prepared papers with you to the notary's office.
How to make a lawsuit?
A sample claim for acceptance of the inheritance is presented below. This document must be submitted to the court to restore the term of entry into the inheritance. As already mentioned, this practice is not very common in Russia.
Usually in a lawsuit indicate:
- the reason for missing the established period for receiving property from the testator;
- data of the plaintiff;
- information on the method of obtaining the inheritance;
- information on property that a citizen could receive;
- a request for the redistribution of inherited property, taking into account new applicants.
In fact, everything is simpler than it seems initially. It is necessary to prepare for judicial debates more carefully than for pre-trial proceedings.
Documents for the court
Suppose a citizen missed the deadline for accepting an inheritance, and now he is trying to restore it. What is useful to the plaintiff in this situation?
It is usually recommended to prepare:
- passport;
- will (if it was);
- death certificates of the testator;
- any materials proving the existence of compelling reasons for missing the established period for inheritance;
- statement of claim.
It is advisable to bring along documents on the property rights of the deceased to certain objects. All this should help the applicant to restore his authority as heir.
When do property rights arise?
Many are interested in the fact of accepting an inheritance. A statement of the established form, indicating the consent of the heir to receive property, is an important document. With its help, the very fact of the transfer of property rights will be confirmed. But when do they arise?
It is generally accepted that inheritance rights arise directly with inheritance powers. That is, immediately after the death of the testator. At the same time, a person will be able to draw up his powers only six months later. Because of this, the process of issuing updated papers on property is very time-consuming.
Finally
Now it’s clear what constitutes a statement of acceptance of the inheritance. How to compose it is also clear. This is a fairly simple process.
If during the preparation of the consent to accept the inheritance the citizen had difficulties, you can turn to a lawyer or a notary for help. These persons, for a fee, will draw up both consent to the acceptance of the inheritance and claims.