The death of a loved one is a loss that will take a long time to recover from. Meanwhile, as trite as it may seem, life goes on, it requires us, among other things, to take a number of steps to prepare documents necessary to confirm the right to dispose of property left after the death of a relative. It's about how to enter into an inheritance.
Where to go
Filing an application for opening an inheritance is carried out by a notary. And not at anyone, but at the place of residence of the deceased. For the convenience of the population, a certain territory is assigned to each district notary public. The second option: the division is carried out according to the first letters of the names of the deceased.
Turning to the notary chamber, you can find out whether a will has been drawn up, which specialist will deal with this matter.
The procedure for opening and accepting inheritance
Six months are given for all relatives of the deceased to show up. The term is counted from the date of death. You can get complete information about how to enter into inheritance rights, as well as what the list of necessary documents is in the notary's office.
First of all, you need paper:
- confirming the fact of the death of a relative;
- defining family relationships with him;
- from the place of residence of the deceased.
It will also be necessary to collect documents for each type of property that is inherited: movable, immovable, shares, deposits, and so on.
At the end of six months, a notary shall issue certificates of inheritance with an indication of the share due to each relative. Their size depends on the factors described below.
Separately, it is worth noting that if the heir did not know about the death of a relative or had a good reason for which he did not enter into inheritance rights, he can later appeal the division of property in court. True, in this case, the time during which he can do this is also limited to six months. Their countdown begins at the moment when the reason for missing the acceptance of the inheritance was eliminated . If this relative is the only one, you can enter into the rights at a notary public. He has this issue resolved if there is no contradiction with other heirs, otherwise the case will be transferred to court.
How to inherit if there is a will
Rights to property are determined by the last will of the deceased. If there are several wills, the latter shall be recognized as valid. The size of the inheritance received by each relative is determined by this document.
However, according to the law, regardless of its content, a circle of persons is determined to whom the share of property is supposed in any case. So, parents cannot deprive the inheritance of their minor / disabled child (including adopted). The same category includes the disabled spouse and the parents (adoptive parents) of the deceased. And the last category of citizens on this list is the dependents of the heir.
The size of their share is reduced compared with the case when they accept it by law, and is 2/3 of it.
How to inherit in the absence of a will
In this case, the property is divided between those relatives who contacted the notary public within the prescribed period. The size of the share depends on their quantity and whether the property belonged to the deceased entirely or he had the right to dispose of his share.
So, if one of the spouses died, and the apartment in which he lived was doubled on them, only part of the deceased is inherited. That is why, in practice, situations are not uncommon when relatives have 1/8 or even less property.
Succession order
The procedure for transferring property rights is determined by law. There is a concept of succession. So, parents, children and spouse have priority right. In their absence, it is transferred to the second stage of relatives: siblings, grandparents. If the deceased does not have such, aunts and uncles may enter into property rights. Etc. A total of seven lines of heirs.
With a notary public all issues are resolved. Is anything else needed?
After obtaining certificates from a notary public, it is often necessary to complete registration actions. So, documents confirming the right of ownership are drawn up for real estate. When an apartment is inherited, then on it, if its share, then its size will be indicated in the certificate. If there are no disputes with other heirs about disposing of common property, the inheritance case can be considered completed.
Knowing how to enter into an inheritance, it is much easier not to be deceived and to assert your rights.