The current legislation provides for 2 methods of transferring inheritance rights : by will and, in the absence of the latter, - by law. The will has priority. Inheritance by law is carried out alternately.
There are 8 queues in total.
First of all, the
right of inheritance after death is the testator's children, parents and spouse. If they are absent, it goes to the heirs of the second stage (these are brothers and sisters, grandparents), then the third (uncles, aunts) and so on.
The obligatory share in the inheritance belongs to disabled members of the testator's family (children, parents, spouse, etc.) and disabled dependents. In the case of a will, they receive at least ½ of the share that they would receive if inherited by law.
How to draw up an inheritance
To accept it, you must first contact the notary who will attest your application. It must be filed within six months after the opening of the inheritance. In some situations, when there is a good reason, the term can be restored. The final document confirming the transfer of rights is a certificate issued by a notary. Acceptance of the inheritance, if necessary, can be done through a representative.
How to draw up an inheritance through a representative? A power of attorney for representation of interests is notarized. In carrying out actions on behalf of the heir, he must, in addition to the power of attorney, also provide an identity document. The legal representative does not need a power of attorney.
How to draw up an inheritance (accept it) in fact? The heir must by his actions testify to the acceptance of the inheritance. These actions include:
- taking measures to preserve and protect property from encroachments;
- incurring expenses for the maintenance of property;
- payment of the testator’s debts, as well as receipt of funds due to the testator from third parties;
- property management, etc.
The order of registration of the inheritance provides for the need to pay state fees. Its size is determined depending on the degree of relationship with the testator, as well as on the value of the acquired property. In this regard, the notary must submit a document containing such information.
In this case, the value is determined on the day of opening of the inheritance. Parents and children, spouse, sisters and brothers must pay a state fee of 0.3% of the total value of the property. However, the duty should not exceed 100,000 rubles. For other heirs - 0.6% and the maximum state duty - 1,000,000 rubles.
The state duty is not paid for the house, apartment, other living quarters if the heirs lived together with the testator at the time of death and continue to live there and on. Heirs suffering from mental disorders, for whom custody is established, are also exempted from payment.
If you do not know how to draw up an inheritance due to various disputes with other heirs, it is best to seek the help of a lawyer for inheritance disputes. He will be able to give suitable advice, help to draw up the necessary documents, and if necessary, will represent interests in court.