Sooner or later, each person will have to face a statement of acceptance of the inheritance or with the rejection of property. Not everyone knows the inheritance procedure. We have to deal with this issue today. In reality, everything is much simpler than it seems. Drafting and submitting an appropriate request does not take much time. Even a schoolchild will cope with this task. What is important to remember about the operation being studied?
Entry Methods
An application for acceptance of the inheritance is drawn up quite easily. But first, we will get acquainted with the more important features of the operation. For example, with methods of obtaining property from the testator.
The following scenarios exist:
- Actual adoption.
- According to law.
- According to testamentary documents.
In all these situations, you will have to apply for the inheritance, but only to different institutions. Therefore, the operation should be given enough attention.
Registration Authorities
Where exactly do the inheritance application go? It all depends on the specific situation. Ideally, this task is achieved through notaries. An authorized person will issue a certificate of inheritance of property. This document is required when re-registering property rights at the Federal Registration Service.
When actually accepting property, citizens often go to court with a lawsuit. But this alignment is not too common. The judiciary helps not only to accept, but also to redistribute it among the heirs.
About the time
Under current laws, property inheritance rights in the Russian Federation can be entered only at certain times. An application for the acceptance of an inheritance shall be accepted by a notary within six months from the moment of the opening of the will. Or, as an option, after the death of the testator.
Restore inheritance rights after a 6-month period will be possible only through the court and only if there are good reasons for silence. This is a rather time-consuming procedure, during which you will have to file a claim for acceptance of the inheritance. A sample of such paper will be presented later.
The form
A few words about the presentation form of the mentioned document. Some people believe that you can agree to receive property in words. Indeed, such a variation of events takes place, but it does not carry any legal force. This technique is used only in combination with the actual acceptance of the property or for agreement with other heirs.
The application form is written. The application, as a fact of acceptance of the inheritance, must be written or printed on the sheet. Now more and more electronic requests are appearing. They can also be used, but it is better to do with the usual paper statement.
Structuring
The statement of claim on the acceptance of the inheritance, as well as the document intended for the notary, has a certain structure. Its observance will greatly facilitate the process of compiling paper. The application consists of:
- “Caps” - parts of a document with information about the host organization and the applicant, written from the right corner of the page. Here are the contact details of the plaintiff.
- Names. It is better that it be clarified.
- The main part is the story, appeal, expression of will.
- Conclusions with the date and signature of the applicant.
That's all. Observing such a structure, a person will be able to make the most competent lawsuit and a statement of the established form, too.
About the text
What exactly should the mentioned document contain? A statement of this content is an important piece of paper. Without it, a citizen cannot receive property from the testator. Therefore, the information in the document should be treated with special attention. The text of the statement most often includes the following information:
- Name of applicant with address of residence and actual place of residence;
- name of the authority that receives the notary / judge data document;
- detailed description of the property;
- information about the testator;
- list of attached documents.
This is usually enough. In the case of filing a claim, it is necessary to justify the reason for applying to the appropriate authority. It is not so difficult to do this if the deadline was missed for a good reason.
Property Acquisition Algorithm
So, we wrote a statement. The fact of acceptance of the inherited property from a person will be confirmed by this particular paper. Similarly, you can refuse it.
Consider the process of inheritance in more detail. After all, not everyone understands how to act under certain circumstances. Guidance looks something like this:
- Wait for the inheritance rights to arise.
- Prepare some package of papers.
- Write a statement of acceptance of the inheritance / waiver of property.
- Contact the notary office at the place of opening of the inheritance with the prepared documents.
- Wait for the deadlines.
- Receive from a notary public a document indicating acceptance of the inheritance.
- To deal with the registration of property rights to property.
Everything is extremely simple and clear. Similarly, it is worth filing a lawsuit for inheritance. The most difficult moment here will be the preparation of the necessary documents.
About the paper package
The man wrote a statement of acceptance of the inheritance. The notary will not accept it without additional documentation. It depends on the situation, but in general, the list of everything necessary to obtain property by inheritance has long been known. It includes:
- applicant's passport;
- acceptance / rejection statement;
- certificates capable of confirming kinship with the testator;
- testament, if any;
- extracts from the last place where the deceased lived;
- death certificate;
- documents for property.
Perhaps this is enough. Sometimes there is no will. In this case, inheritance by law takes place in the order of priority. In such circumstances, special attention should be paid to documents confirming kinship. Without them, the right to inherit by law cannot be proved. In the case of applying to the court additionally apply:
- evidence of the legality of missing the established deadline for inheritance;
- duty paid receipt.
In general, with proper preparation, the operations studied do not cause trouble. But it is better not to miss the deadlines for accepting the inheritance. Redistribution of property between heirs in this situation is problematic.
Features
We examined the process of drawing up a statement of acceptance of inheritance. A sample of this paper is provided below. There are some features of inheritance that have not yet been mentioned.
For example, a person cannot refuse a share of the inheritance. You can’t, say, accept a house and refuse an apartment.
A citizen who has the right to inheritance by testament and by law may refuse one of the forms for obtaining property. Only in such circumstances is it possible to renounce part of the property.
Inheritance by law occurs only taking into account the degree of relationship with the testator. In Russia, there are 8 lines of heirs. Even stepmothers and stepfathers are entitled to a share of the inheritance, but they are at the very end of the list.
Inheritance rights can be denied in court. Current legislation provides for such a term as “unworthy heirs”. They have no inheritance rights - neither by law, nor by will, nor actually, nor by court.
Sample
Below is a sample of the mentioned paper. An application for acceptance of an inheritance is a document, the preparation of which will take a minimum of time. No special knowledge or skills are required to write it.
Most often, the text of the paper boils down to the phrase: "I accept the inheritance due to me from ...". Even such an inscription will be enough for further registration of property rights.
As we have said, the rejection of the inheritance occurs in a similar way. In this situation they write: " I refuse the inheritance put to me by a citizen ... " . Even such elementary records, but executed in accordance with established rules, have legal force.