Can’t do without a court? How to correctly declare an inheritance so as not to lose your part

The division of the inheritance is a very complex and difficult process, and especially if the testator did not leave a will on his own.

“Today”, together with an expert on the division of inheritance, lawyer Yevgeny Garkusha, figured out how to correctly declare an inheritance, and are ready to tell you.

Step One – Declaration of Acceptance of the Inheritance

An heir who wishes to accept the inheritance, but at the time of the opening of the inheritance did not live permanently with the testator, must submit an application for acceptance to a notary or (in rural settlements) an authorized official of the relevant local government body.

The right to inheritance opens at the last place of residence of the testator or, if it is unknown, at the location of the real estate, the expert notes.

“If several notaries act at their last place of residence, then the right of choice is actually vested with the one of the heirs who is the first to file an application,” says Garkusha.

The person who wants to contact the notary first must have the following documents with you:

• death certificate of the testator;
• a document confirming the last place of residence of the deceased person.

Submission of an application for acceptance / refusal to accept inheritance

Persons wishing to accept the inheritance must apply with the appropriate application to the notary at the place of opening the inheritance.

However, this duty of appeal does not apply to heirs who permanently resided with the testator at the time of the opening of the inheritance (at the time of death).

Such persons accept the inheritance automatically, unless they have filed an application for renunciation of the inheritance.

And also on minors, minors, incapacitated persons and persons whose legal capacity is limited.

Deadlines for submitting documents for accepting an inheritance

The term for accepting the inheritance is 6 months from the date of opening. If during this period the heir does not accept the inheritance, he is deprived of the right to accept it.

If the heir lived (was registered) with the testator at the same address, it is considered that he automatically took over the inheritance, if you have not submitted an application for renunciation of the inheritance.

However, if immovable property is part of the inheritance, you will still have to submit an application to reissue the documents.

What to do if the deadline for accepting the inheritance is missed:

• Obtain the written consent of other heirs and submit an application for acceptance of the inheritance of a notary.
• File a lawsuit. You will need to explain why you missed the deadline. If the court considers such reasons to be valid, it will extend the terms.

“Good reasons for missing the deadline for accepting the inheritance are the reasons associated with objective, irreparable, significant difficulties for the heir to perform these actions, which must be assessed by the court taking into account the arguments and objections of the participants in the case and taking into account its factual circumstances,” the lawyer emphasizes.

Possible valid reasons include the following:

• long-term illness that restricts the ability to move;
• long-term business trip;
• being in places of deprivation of liberty;
• not knowing that a relative has died (for example, other relatives have not told you about this);
• ignorance of the heir about the presence of the will (notifications of the death of the testator were not published in the regional press).

Not knowing that it was necessary to submit an application within 6 months is not considered a good reason. If the court extends the deadline for submitting your application, you submit your application along with a copy of the notary’s court decision. Further, in the general order, the inheritance is formalized, “emphasized Yevgeny Garkusha.

Acceptance of inheritance by law

According to the Civil Code, there is a sequence of inheritance associated with the degree of kinship, according to which applicants for property there can be heirs of several queues.

“The peculiarity of the sequence is that as long as there is at least one heir to the previous line, the heirs of the next line can count on nothing,” the lawyer said.

In total, there are five lines of heirs according to the law.

• The first stage includes: parents, the second of the spouses (we are talking only about an officially registered marriage) and children. As for the children, it doesn’t matter what kind of marriage they are from. The main thing is that in their birth certificates the testator is recorded as the father.
• Secondly, the siblings, grandfather / grandmother of the testator inherit.
• The third line includes family aunt and uncle.
• Fourthly, the right of inheritance belongs to persons who lived with the testator in one family for at least five years before the opening of the inheritance.
• Finally, the fifth line – all the other heirs: nephews, second cousins ​​and other close persons. The same queue includes persons who were supported by the testator and were not members of his family.

Also, when concluding donation agreements and when registering an inheritance by heirs of the first and second degree of kinship, the value of the property is taxed at a zero rate, therefore, documents on the assessed value of the property should not be required by a notary.

Acceptance of inheritance by will

Usually, the registration of inheritance by will is carried out at the notary at the place of residence of the testator.

A will is a personal order of an individual in the event of his death. The testator has the right to revoke the will at any time, as well as to draw up a new will at any time.

The will, which was drawn up later, revokes the previous will in its entirety or in the part in which it contradicts it. In addition, the testator can bequeath his property not only to relatives, but also to specific organizations or the state.

However, it should be noted that there is a certain list of people who can claim a mandatory share of the inheritance, even if not included in the will.

This list includes only persons belonging to the first order of heirs by law and minors, minors, adult disabled children of the testator, disabled widow (widower), disabled parents and children conceived during the life of the testator.

Earlier, Segodnya wrote who could be completely deprived of his inheritance and for what.

We also talked about how to properly divide an inheritance without a will and what is needed for this.