In the Russian Federation, inheritance is carried out by law or by will. The composition of the hereditary mass includes things that belonged to the owner on the day the case was opened, and other property. It also includes property rights and obligations, with the exception of those that are inextricably linked with the person of the deceased. Non-property rights and other intangible goods do not belong to inheritance.
Features of opening a case
The inheritance opens in connection with the death of a citizen. When a person is declared dead in court, the same consequences arise as in the case of the death of the subject.
The date of the person’s death is considered the day of opening the inheritance case. In the event that the court declares him dead, he shall be considered the day the decision enters into force or the date specified in the decision.
The place of opening of the case is the last place of residence of the deceased. If the address is unknown or the person was outside the borders of Russia, the opening of the inheritance is carried out at the address of the property of the deceased. If the objects are in different places, the case is opened at the address of the real estate, and in its absence - the most valuable part of movable things.
The right to acquire an inheritance is held by individuals who are alive at the date of opening the case, conceived during the life of the deceased owner and born after his death. Specific successors may be indicated in the will. If there is no such document, inheritance is carried out according to general rules.
How to inherit after the death of a close relative?
Issues related to inheritance are disclosed in chapters V of the Civil Code section.
Article 1152 of the Code, in particular, refers to the acquisition of an inheritance . This procedure involves the transfer of property, duties and rights of the deceased to a successor.
The circle of heirs, the terms, the rules for acceptance, the line of the inheritance , the composition of the property are established by the legislation in force on the date of opening of the case.
To enter into the inheritance, it is necessary to collect a package of documents established by regulatory enactments, and apply to a notary's office within the prescribed period.
Conditions
As one of the main conditions for the acquisition of an inheritance is its acceptance by the successor. An exception is provided for escheated property that becomes the property of the Russian Federation.
Acquisition of inheritance is a one-way transaction. Its content constitutes the voluntary will of the successor, aimed at obtaining property or rights / obligations.
Acceptance of any thing included in the estate is considered acceptance of the entire part of the inheritance intended for a particular person. The successor, at his sole discretion, may choose one, several or all possible grounds for the adoption of the property.
Bans
Article 1152 prohibits the acquisition of an inheritance with reservations or conditions. Their presence entails the nullity of a one-sided transaction. An application for inheritance after the death of the owner must be unconditional and unconditional.
A document filed in violation of the prohibition does not entail the transfer of things into property. Accordingly, a certificate issued on the basis of such a declaration shall be deemed invalid.
Recognition of the inheritance as one of the successors entails legal consequences only for him. His performance of actions aimed at accepting property does not indicate acceptance of the hereditary mass by other successors. Other persons called to inheritance, must themselves be active and contact the notary by inheritance or another person.
Application
The legislation provides for 2 ways to acquire an inheritance . The first and most common is the filing of an application to a notary or other authorized entity that has opened a case.
Since only the proper heirs can enter into the inheritance after the death of a close relative, a notary public (or another competent citizen) must establish all possible successors to the deceased.
The application may be submitted in person, through a representative or sent by mail. If one of the last two options is used, the applicant’s signature must be duly attested.
Commitment as a way of accepting an inheritance
Regulatory acts use a term such as “contingent action”. They are considered behavioral acts that indicate the actual acceptance by a person of his share of the hereditary mass. For example, how to enter into an inheritance after the death of a father ? Options for action are enshrined in the second paragraph of article 1153 of the Civil Code. A son, for example, can:
- Pay father’s debts at his own expense or accept money from third parties due to his father.
- Take measures to preserve values, protect them from encroachments.
- Take over the management / ownership of property.
- To incur at their own expense expenses related to the maintenance of things.
The specified list is considered open.
Meanwhile, relevant actions may be challenged by interested parties. The burden of rebuttal, respectively, rests with these individuals.
The term for the acquisition of inheritance
According to the general rules, successors must submit an application or take relevant actions within 6 months. from the date of death of the property owner. The corresponding provision is fixed in 1 paragraph 1154 of the Civil Code.
The restoration of the inheritance period is allowed by law, subject to 2 conditions:
- Reasons for missing the set period must be valid.
- The interested person must apply to the court before the expiration of 6 months. from the moment the relevant circumstances disappeared.
Thus, before receiving the inheritance , the person who missed the deadline must apply to the court with a statement. The court will assess the validity of the reasons.
For example, the heir’s ignorance of the fact of opening the case will be considered an essential circumstance if he should not have known about it. This, in turn, will be determined on the basis of an analysis of regulatory provisions, taking into account the characteristics of the relationship that existed between the successor and the deceased.
When satisfying the application for the restoration of the term and recognition of the subject as the heir, the court must re-determine the shares of all successors in the property. Previously issued certificates are recognized as invalid. The court decision is the basis for the execution of new documents.
Transmission
In practice, situations are not uncommon when a subject called for inheritance dies after opening a case without having time to accept the inheritance. His rights in this case pass to his heirs by law. If all values were bequeathed, then his successors in the will receive rights.
The law provides for certain categories of successors a share called mandatory. In the inheritance , which the person did not manage to accept due to his death, such a part does not pass to his heirs.
Documents
Before receiving the inheritance , the successor must collect a package of documents. There is a general list and list of additional securities, the composition of which depends on the number of heirs, their priority, property features, etc.
For example, before entering into the inheritance after the death of the father, the son / daughter needs to collect the following package of documents:
- Evidence of the death of the owner.
- A document confirming kinship. It is about birth.
- A certificate from the last place of residence of the deceased with his passport data. If he lived in a private house, a house book is presented, which contains information about all citizens who lived together with the owner.
- Proof of identity of the applicant.
The first two documents are presented in the original with copy applications.
If inheritance is by will, then it is necessarily included in the list of securities. At the same time, the document must contain a note of the notary who compiled it stating that the content has not been changed and has not been canceled, and a new will has not been issued.
If a proxy is acting from the applicant, documents attesting to the availability of relevant powers are attached. For example, before receiving an inheritance on behalf of an adult, a power of attorney is drawn up for the representative. If the minor is the successor, documents proving the representation of the law are provided (birth certificate, decision of the guardianship authority).
Norms of Ch. 63 GK
Chapter 63 of the Code contains articles regulating inheritance by law. In Art.1142-1145, queues for inheritance are determined.
The successors of the subsequent group shall enter into the inheritance if there are no successors in the previous groups, do not have the corresponding rights, are suspended from accepting the property, are deprived of the inheritance or refuse it.
In one stage, inheritance occurs in equal shares, with the exception of succession by the right of representation.
The following groups of heirs are established in the Civil Code:
- Parents, spouse, children. Grandchildren and their descendants will inherit in the order of presentation.
- Brothers, sisters (part-time, full-time), grandmother / grandfather. By right of representation, nieces / nephews inherit.
- Sisters / brothers of parents (half, full). Cousins / uncles inherit in the order of presentation.
- Great-grandmothers / great-grandfathers.
- Descendants of native nieces / nephews, sisters / brothers of grandparents.
- The children of the cousins of the deceased, his cousins / brothers, as well as the grandparents are also cousins.
- Stepmother / stepfather, stepsons / stepdaughters.
Submission right
Part of the successor, by law, who died before the opening of the case, goes to his descendants and is divided equally between them. The exception is the descendants of unworthy heirs.
The adopter, his children, grandchildren, and so on, the adoptive parent, as well as his relatives are considered blood relatives. Adopted, his offspring cannot legally inherit property belonging to his biological parents. As well as the latter, they are not the heirs of their child, adopted by other persons, after his death.
Required share
It is provided for by inheritance by will. The following persons are entitled to count on the mandatory share: disabled (minor) children of the deceased owner, his spouse, parents, dependents. They are entitled to not less than 0.5 share of the part that would be due to them if inherited by law. This rule applies regardless of the content of the will.
The right to such a share must be satisfied from the unvisited part of the property, even if this would entail a decrease in the rights of the remaining successors under the law. If the non-promised share is not enough, the mandatory part is provided from the bequeathed mass.
Certificate
The design of this document is recognized as a notarial act. The certificate of inheritance is provided at the place of opening of the case.
The statement of the successor acts as the basis for its execution. Upon transfer of rights to escheated property, a certificate shall be issued at the request of the relevant state structure.
According to general rules, a document is issued to successors at any time after six months from the date of opening the case. An exception is when there is reliable evidence of the absence of other proper heirs. The accuracy of the information shall be evaluated by a notary public.
Controversial issues
If, to accept the inheritance, a person has committed conclusive actions and provided documents proving beyond doubt to them, but he has been refused the certificate, he has the right to file a complaint. It is considered in the manner prescribed for contesting notarial acts or refusal to perform them.
If the heir who has performed these actions has no supporting documents, and it is not possible to obtain them, he submits an application, the proceedings of which are conducted according to the rules for resolving cases on the establishment of legally significant facts.
If, when disputing, a dispute arises about civil law, it is considered in the framework of the lawsuit, and not a special one.
Measures for the protection and management of inheritance
They are intended to ensure the protection of the rights of successors, beneficiaries and other interested parties (for example, creditors of the deceased owner).
Measures are taken by a notary or the executor of the will at the place of opening of the case, and in cases specified by law, by authorized persons of local authorities and employees of consular posts of Russia. The basis for this is the initiative of the contractor or the requirement of the heirs.
Probate Inheritance: General Provisions
The right to dispose of property in the event of death can only be realized by way of executing a will. In this case, the subject of law is a person who has legal capacity at the time of drawing up the last will.
A will is a unilateral transaction made personally by the owner. Paperwork through a proxy is not allowed.
The law does not provide for the possibility of drawing up one will by several persons.
Rights and obligations under the document arise only after the opening of the inheritance case.
Freedom of Will
The owner has the right to dispose of the property at his own discretion. He can bequeath values to any subjects, determine any of their shares in the hereditary mass. The testator has the right to deprive anyone or all successors under the law of property rights, without giving reasons for his decision. The will may also contain other instructions of the owner. The only restrictions on the freedom of the last will are the rules providing for an obligatory share.
The owner may not inform anyone about the content of the last will, its change or cancellation. A will can be executed in favor of both one or several entities that are or are not successors under the law.
Abandonment of inheritance
He, like the acquisition of inheritance, is recognized as a unilateral transaction.
A refusal can be committed both with an indication of the subjects in whose favor it is carried out, and without it. An interested person may exercise his right during the period provided for the acceptance of the inheritance.
The law allows for the rejection of property already received. In this case, it is possible to restore the missed period in court. However, this procedure can be applied if the subject accepted the inheritance, having performed the relevant actions.
Failure is considered irrevocable. It cannot be recalled or modified subsequently.
The number of entities in whose favor a denial is permitted is limited. These may include testamentary successors or laws. Unworthy heirs, deprived of the right (not having the right) to inherit, removed from the case by a court decision are not included in this circle of subjects.
Clause 1 of article 1158 of the Civil Code establishes a ban on the abandonment of inherited property in favor of other entities if all values are bequeathed to the successors appointed by the owner. This requirement is aimed at ensuring the fulfillment of the testator's will about the distributed shares of the property.
The refusal of an obligatory share in favor of another entity is not allowed. Such a restriction is caused by the following. The establishment of a mandatory share in the law is a way to limit the freedom of will. It is aimed at protecting persons identified in article 1149 of the Civil Code. The will of a successor refusing such a share cannot be regarded as a sufficient basis for limiting the limits of freedom of will.
In case of violation of the prohibitions provided by law, the refusal in favor of another person shall be declared invalid. In this case, consequences arise similar to those that arise when the inheritance is not accepted.
Additionally
Between the heirs, a dispute may arise about what values should be considered household items. Such issues are resolved in court, taking into account the circumstances of the case and local customs.
Household items are not considered antiques, objects of artistic or other value. Their intended purpose does not matter.