The inheritance is represented by various property transferred to the heirs from the deceased owner. Successors may receive values on the basis of the conditions of the will or according to the requirements of the law. For this, it is important to enter into the inheritance within 6 months after the death of the testator. But in addition, the actual entry into the inheritance is highlighted, in which the citizen uses the property, but does not draw up a notary's certificate for it.
Process concept
It is after the death of any person that a hereditary case is opened. The main goal of a notary public is to find all the property belonging to this citizen. As a result, a hereditary mass is formed. It includes not only values, cash, jewelry or real estate, but also the debts that a citizen had during his lifetime.
The transfer of property can be carried out in two different ways:
- the use of a will if this document was drawn up by the testator during his lifetime, and its content should not violate the rights of mandatory heirs or the requirements of the law;
- on the basis of the norms of laws, for which a special order of heirs with family ties with a deceased citizen is formed.
In the first case, the inheritance can be accepted only by obtaining from the notary the relevant document, acting as title documents and which is a certificate of entry into the inheritance. Otherwise, to get the value simply does not work.
If items are transferred by law, then the actual inheritance is allowed, since rights are transferred to citizens automatically. If the deceased person had a properly executed property, then to confirm the transfer of rights to this item, you must contact the Rosreestr for registration. To do this, the heir must have a certificate of inheritance for real estate, therefore, even if he actually uses this property, he will still have to turn to a notary for services.
Ways to obtain a certificate of inheritance
In order to register the property for himself, the heir must obtain this certificate from a notary. The process is carried out within 6 months from the immediate moment of the death of the testator. Often, the heirs for various reasons miss this deadline, but at the same time the actual inheritance has already occurred, so the citizen simply uses the property, and also provides its protection and maintenance.
Under such conditions, the problem is solved in two different ways. These include:
- appeal to the notary with evidence of the actual use of the values, and if this evidence is convincing, the specialist may decide to issue the necessary document;
- if the notary refuses to transfer the certificate, then the problem that arises is solved solely by filing a statement of claim with the court, and the plaintiff will have to explain to the judge why he missed the deadline for inheritance.
At the trial, it is important to prove how the plaintiff uses property received from the deceased relative. Therefore, as much evidence as possible is required, presented by receipts for the payment of utility bills, testimonies of witnesses, confirmations of the installation of various equipment, the purchase of furniture or other evidence.
Actual inheritance without registration implies that the successor must accept the entire hereditary mass, and not just some part of it. Therefore, if a citizen uses the property of the testator, but does not want to repay the loan from the deceased, this is the basis for refusing to issue a certificate or forcing repayment of a debt.
The concept of hereditary transmission
It is differently called the succession of inheritance and assumes that the inheritance is not a direct heir, but his successors. For example, within 6 months after the opening of the inheritance, the immediate heir of the deceased citizen dies. The following nuances are taken into account:
- property is given to the heirs of the deceased successor;
- between all citizens the property is distributed in equal shares;
- some citizens can count on a mandatory inheritance, even provided that they are not indicated in the will;
- for children of obligatory heirs the transmission is not valid;
- transmitters receive property in double size;
- each such successor can accept only one inheritance or two at once;
- the period of actual inheritance or notary notary is 6 months from the date of the testator’s death, but in the first case the transmitters have much less time, therefore, if there is less than three months, then the law allows the extension of this period by another three months.
Successors must contact a notary public for information on how to correctly recognize the inheritance. If they use the property without registering it, they can still count on it, since they have actually entered into their rights.
What actions are performed?
For the actual entry into the inheritance without registration, citizens must perform certain actions in relation to the property. All these actions must be proved by official documents. It is allowed that this process is carried out not by the direct successor, but by its authorized representative, for which an official order is drawn up. For example, staff is hired to clean the apartment. The heirs themselves must understand what the actual entry into the inheritance means. If they do not perform the required actions, and also they do not turn to the notary within 6 months, then there is a possibility that they will lose this property.
Recognition of the actual entry into the inheritance is allowed if the following actions are performed in relation to the property:
- apply values to the needs of the heir;
- the company is managed or values are maintained in optimal condition, which guarantees them normal functioning;
- different measures are used to protect and protect objects.
For example, the heir can put an alarm in the apartment, change locks, purchase furniture or household items. He is obliged to pay utility bills or actually use a car to move around, carry out a technical inspection or engage in other similar matters. The actions confirming the actual inheritance after the death of the direct owner are numerous, but during the trial, citizens must have official evidence.
Even if these actions are performed only to a certain part of the entire property, it is still considered that the citizen entered into virtually the entire inheritance without contacting a notary. Therefore, a citizen additionally has an obligation to pay off the debts of a deceased person.
Other ways
Based on Art. 1153 of the Civil Code, some specific methods are distinguished on the basis of which the actual inheritance takes place. These include the following situations:
- a citizen repaid a loan issued to a deceased relative. He can also pay the debt to third parties with a corresponding receipt;
- a person incurs burial expenses;
- a citizen went to court to claim various property held by third parties on the basis of a power of attorney or other documents that cease to be effective after the death of the owner of the property;
- were the heir prevented various illegal acts committed by other persons in relation to property remaining after the death of a citizen.
The judicial practice of the actual inheritance shows that if there is evidence that the heir has actually performed all the above actions, then he can easily enter into his rights.
Transfer of property after the expiration of the term
Entry into the inheritance is possible through a notary public or by its actual adoption. The procedure must be performed within 6 months after the official death of the testator. But often, people simply do not know about such an event or cannot perform the procedure for other important reasons. In this case, the entry process is possible using three methods:
- the heir appeals to the court to restore the term, but he must have evidence that the term was missed for good reason;
- an application is submitted to the notary to accept the inheritance, but it is not allowed that other successors are against this process;
- a decision is made by the court that the citizen actually accepted the property.
Based on the actions taken, the documentation submitted by the certificate of inheritance is transferred to the heir. Only with its help is the registration of the received values to the new owner carried out.
How to prove the actual inheritance?
If the successor wants to use this particular method of assuming his rights for various reasons, then he must have evidence that he really uses different values received from the deceased testator. Therefore, he collects evidence confirming the use of property.
Most often, evidence of actual inheritance is required during the trial, and even a notary public requires this confirmation. If a citizen really confirms that the objects were accepted, then without time limits he can receive a certificate from a notary. If the grounds are unconvincing, then they will have to prove their case in court.
Witness statements
This evidence is considered really important. The jurisprudence of the actual inheritance shows that if a citizen has to prove his rights through a court, then it is the witnesses who are heard by the judge most carefully. The rules for inviting witnesses include:
- citizens must be represented by neighbors who really see that the heir lives in the apartment or uses the car left after the death of a relative;
- these people should not be interested in the outcome of the trial, so their attitude should be impartial;
- usually witnesses are called directly to the trial, but if necessary, their testimonies are accepted in writing.
Often, citizens who actually use different values do not have paper evidence of this fact, therefore it is precisely the testimonies of the witnesses that serve as the basis for recognizing the transfer of the right to property.
Use of evidence
A citizen can prove that he really has different objects that previously belonged to a deceased person. For example, the plaintiff may have keys to the apartment or car, documents for this property received from the testator, as well as other items.
All these material evidence must be shown to a notary. If they are not accepted for consideration, they will have to be handed over to the judge for examination.
Written evidence
Before issuing the actual inheritance at a notary or through a court, it is important to prepare as much evidence as possible. For this, written evidence is considered the most valuable. They may include the following documents:
- receipts for the payment of housing services;
- receipts confirming that the person paid the debt held by the deceased citizen;
- a certificate from the house book confirming that the applicant for the certificate is registered in the apartment, which is inherited;
- payment documents indicating the costs associated with the repair of residential premises or a car;
- copies of official appeals to various state organizations regarding property.
All these documents constitute evidence. Usually they are accepted by a direct notary, therefore, it is not required to conduct a court on the actual entry into the inheritance. If the notary refuses to give supporting documents to the applicant, then he will have to resort to legal proceedings.
Certificate of Acceptance of Inheritance
In addition, a citizen can receive a certificate from the Criminal Code or Homeowners Association that he actually accepted the property represented by the apartment or house. She confirms that he lives in this facility. The following information is entered into this help:
- Title of the document;
- date of its formation;
- personal information about the citizen, which includes his name, date of birth and passport data;
- address of the person;
- information about all other persons living together with the heir;
- validity period of the certificate;
- name of the organization that compiled this documentation;
- position of company representative;
- organization stamp.
This document is evidence of the correctness of the heir.
Obtaining a certificate from a notary
If the notary accepts the documents available to the heir, then without trial he issues a certificate that the citizen is the owner of the actually accepted property.
This certificate is title documentation. You can apply for it at any time, even if more than 6 months have passed after the death of the testator, but in fact the inheritance has been accepted. With the help of such a certificate, you can contact the Rosreestr to register the right to objects.
The nuances of going to court
If the notary considers that the evidence is not enough, he may refuse to issue a certificate. Therefore, you have to prove your rights in court. For this, a sample application for the actual entry into the inheritance in court is used to correctly draw up a lawsuit.
The process of applying to the court has the following features:
- usually the need for this process arises if the heir needs to sell or transfer the property to others, so he needs a certificate of ownership;
- the heir must prepare as much evidence as possible that he actually inherited;
- a certificate of use of real estate or other property must be transmitted;
- in court, witness testimonies and other documents held by the plaintiff are studied.
To appeal to the court, you need to prepare a lot of evidence and correctly draw up a statement. Actual inheritance can be proved even several years after the death of the immediate testator. The court decision in this case acts as title documents, with the help of which the right to property is registered.
Rules for making a claim
When forming a claim, the following information must be included in the document:
- name of the court where the claim is transferred;
- passport data and personal information about the plaintiff;
- indicates the date of the death of the testator and the degree of relationship with him;
- evidence that there is no will;
- it is prescribed that the citizen actually inherited;
- The arguments supporting this fact are listed;
- it is recorded that a citizen tried to obtain a certificate from a notary, but faced with a refusal;
- a request is made to establish the fact of obtaining property on the basis of available evidence;
- all evidence attached to the claim is listed.
On the basis of the claim and other evidence, the court makes a decision. Such cases are considered in court at the place of residence of the deceased testator.
A sample application for the actual inheritance can be studied above in the article.
Conclusion
Actual acceptance of an inheritance is used quite often by many heirs. It consists in the fact that a citizen, without issuing a notary certificate, proceeds to use the property of a deceased relative.
If in the future it is required to dispose of the received values, you will have to confirm your right to them. For this, a notary's certificate is issued, but if he refuses to issue this document, you will have to go to court. The citizen must have evidence that he really uses the property received from the deceased relative.