Opening an inheritance is the occurrence of a legal relationship of a hereditary nature. The grounds (legal facts) leading to this procedure are the announcement of the deceased and the death of a citizen.
The time of opening the inheritance shall be the day of the death of the testator or the date of entry into force of the decision to declare the citizen dead. In the latter case, upon the announcement of the death of a person who went missing in the presence of circumstances posing a threat to life or giving the basis for the assumption of his death in an accident, the court may decide to recognize the day of his death as the alleged death.
Opening an inheritance provides for determining the composition of the existing inheritance property, the terms according to which claims by creditors are allowed, the terms for refusal or acceptance of the inheritance, the issuance of a certificate, as well as the moment when the heirs have the right of ownership of the property of the deceased or recognized as such. As part of the procedure, a determination of the legislation is also carried out, on the basis of which the entire procedure will be implemented.
With the simultaneous death of persons who act as heirs with respect to each other, the opening of an inheritance is carried out immediately after the death of each of them individually.
The established fact of death, as well as the day of death, must be confirmed by a death certificate. This document is issued by the registry office. In case of refusal of the indicated body to register death, this fact can be established at a certain time in court in the framework of a special proceeding.
The place of opening of the inheritance is the place of the last permanent residence of the deceased or recognized as such or the location of the property of the deceased or a substantial part (if it is not established where the deceased lived). At the same time, it is established which legislation (whose country) should be used during the procedure. So, for example, if the opening of the inheritance of a citizen who died on the territory of Russia will be made on the territory of Moldova, then disabled relatives may become heirs. Moreover, under Russian law, these persons do not participate in the procedure.
Thus, a correctly established place where the opening of inherited legal relations takes place is of great importance in solving various procedural issues. So, it is determined which particular notary office will conduct the procedure. In the established place of opening of inheritance relations, measures are taken to protect the property of a deceased or recognized citizen. Also, lenders have the opportunity to make their claims.
The place where hereditary legal relations of citizens temporarily residing outside of Russia arise and who have died or are recognized as such there is the area of their permanent residence until going abroad or finding the existing hereditary property (or its substantial part) on the territory of Russia. For citizens who permanently resided abroad and died there, the procedure is carried out in the country of residence.
The place of origin of the inheritance relationship is confirmed by a special certificate of the Housing Management Office, local administration, street committee or a certificate of employment, which indicates the last place of residence of the deceased or recognized as such. The same organizations may issue certificates on the location of property or a substantial part of it that has passed away (if it is not established where the citizen lived). If it is impossible to provide either one or the other certificate, the notary shall be given a decision that has entered into force on establishing the place of origin of the hereditary relationship.