Almost every citizen of the Russian Federation will sooner or later become an heir. He will have to accept property from a deceased relative or refuse it. Today we will study the concept and basis of inheritance. What should everyone remember? How to get an inheritance in Russia? Who is entitled to it? The answers to all these questions (and not only) will certainly be found below. In reality, everything is simpler than it seems. Especially if the circle of heirs is clearly defined.
The concept
To begin with, we will study the concept of inheritance. The grounds for inheritance will be indicated later.
What is called an inheritance? This describes the method of transferring property to citizens after the death of the previous owner. This is a kind of derivative method of obtaining property in Russia.
Who can be the heir
Some are wondering who might be the heir. Definitely difficult to answer. Indeed, in Russia there are several types of inheritance - by law and by will.
In the first case, the circle of potential recipients of property is limited only to the relatives of the deceased. In the second, by persons and organizations indicated in the testamentary document.
Base
The concept and grounds of inheritance are easy to remember. The thing is that the right to inheritance arises from a citizen only after the death of the testator. Or since the entry into force of a court order declaring a person dead. Until this time, there are no inheritance rights. All potential applicants for property are considered to be heirs conditionally.
If two people die at the same time (on the same day), then they are not considered heirs. Relatives of each deceased will be the recipients of the property.
Composition
We already know the concept and basis of inheritance. The composition of the inheritance should also be remembered by everyone. Indeed, by inheritance it is customary to understand only benefits. But actually it is not. And often the composition of the inheritance forces citizens to abandon their property.
The inheritance includes:
- things of the deceased;
- money;
- securities;
- property rights;
- property type obligations (including debts).
Also inherited are rights that the testator did not have time to fully formalize, but embarked on this task in life. For example, being alive, a person began privatizing an apartment and died without completing a business. In this case, housing will pass to the heirs by law or by will.
What is not included
There are also obligations that do not pass from citizen to citizen by inheritance. And this must be taken into account without fail.
The inheritance does not include :
- duties that are continuously associated with the identity of the deceased (for example, alimony obligations);
- personal human rights;
- all duties and rights that cannot be inherited by law (for example, obligations under assignment agreements);
- intangible goods;
- personal non-property rights of a citizen;
- state medals and awards.
Actually, understanding all this is not difficult. Usually, inheritance is understood as movable and immovable property and obligations of a citizen.
Deadlines
The concept and foundations of inheritance in Russia we have already studied. It is important to understand that citizens after the death of the testator will only have a certain time to enter into the inheritance. When it is missed, the potential recipient is considered to have abandoned his share of the property.
How much time is allotted to make a decision regarding inheritance? The Civil Code of the Russian Federation states that this act is reserved for 6 months. During this time, you need to decide for yourself what to do next - refuse the inheritance or accept it in the manner prescribed by law.
The reverse time report begins either from the moment the will is opened or after the death of the testator. An alternative reference point is the entry into force of a court decision recognizing a citizen as dead.
Opening place
The place of opening of the inheritance is the last place of residence of the previous owner of the property. It is in that region and district that the further registration of the inheritance will take place (including the rejection of it).
If nothing is known about the last place of residence of the testator, then the address of the location of the inherited property on the territory of Russia will be considered the place of opening. The same rule applies when a citizen resides outside the country.
If the testator has a lot of property located in different places, then the opening of inheritance rights occurs in the region of a more expensive inheritance. According to the Civil Code of the Russian Federation, the value of property is determined by its cadastral price. This is spelled out in article 1115.
Inheritance Features
In the case of a will, the transfer of inheritance will be more understandable. Often, in such a document, a citizen prescribes to whom and what proportion of property to unsubscribe after his death. This technique greatly facilitates life.
Far more important and controversial is inheritance by law. The concept and grounds for this situation will be approximately the same as with a will. There is a transfer of property rights by inheritance, but taking into account family ties.
Moreover, in the legislation of the Russian Federation there is one interesting saying - not only living people, but also citizens of the Russian Federation conceived to the death of the testator, can act as heirs. For example, a pregnant woman’s spouse dies. And within 300 days from the moment of his death, their common child appears. He can act as an heir by law.
Unworthy heirs
The concept, grounds and subjects of inheritance are already known to us. It is important to understand that not all relatives will be able to receive property from the testator by law or by will. Indeed, in Russia there is the concept of unworthy heirs. Such citizens are deprived of their rights to the property of the deceased.
According to the Civil Code, such persons include:
- those who tried to call the testator with their illegal actions to deprive the remaining heirs of property (or increase their share);
- parents deprived of parental rights in court;
- malicious evaders from providing a testator in need.
But in real life, unworthy heirs are not so common. Therefore, not everyone attaches importance to this concept.
Procedure
The concept and grounds of inheritance under the law we briefly studied. And how exactly to act to obtain property from the testator?
The following step-by-step instructions will help:
- Wait for the death of the testator.
- Collect some documents necessary for inheritance.
- Write consent to receive property. Send it with the prepared papers to a notary.
- Get a receipt of acceptance of the inheritance. It is drawn up 6 months after the death of a citizen / opening of a testament document.
- Carry out registration of property rights in the registration authorities, if necessary.
Before the expiration of 6 months, officially inheriting will not work. We'll have to wait for the deadline.
Queues by law
The concept and meaning of inheritance, the basis of inheritance and inheritance objects were presented to our attention. We should also talk about obtaining property under the law. As already mentioned, in the Russian Federation there is a succession of heirs. The closer the relationship with the testator, the higher the chances of obtaining property.
In the Russian Federation, 8 stages of heirs are distinguished by law. Namely:
- moms and dads, husbands and wives, children;
- sisters and brothers, grandparents, grandchildren;
- aunts, nephews, uncles;
- great-grandmothers, great-grandfathers;
- cousins, grandmothers and grandfathers;
- cousins, aunts, uncles, great-grandchildren;
- stepfathers, stepsons, stepdaughters, stepmothers.
The last category of heirs under the law is citizens who are dependent on the deceased. But, as practice shows, usually property is distributed between the first several bursts of heirs.
What do you need
No longer the concept, grounds and subjects of inheritance will be a mystery. It’s not yet clear what documents will come in handy when contacting a notary for the implementation of the task.
There are not so many papers. And the heirs often do not have any problems with their collection. The package of documents presented to the notary for entry into the inheritance will be as follows:
- applicants' identity cards (including birth certificates);
- documents on the property of the testator;
- court order or death certificate;
- documents indicating a divorce or marriage with the deceased;
- certificates from the last place of residence of the citizen;
- testamentary papers (if any);
- refusal / consent to inheritance.
This is usually enough. Upon submission of these papers, a citizen will be able, after six months, to draw up an inheritance for himself in the amount prescribed to him. The concept and grounds of inheritance are not difficult to remember. And the algorithm of the heir in one case or another, too.