In the Russian Federation, the registration of an inheritance after death at a notary is regulated by the Civil Code (Civil Code) or is carried out in the prescribed manner. However, everything is not as simple as it might seem at first glance. Inheritance of property is a rather delicate process. In its course there are a lot of controversial situations. However, to avoid all this allows a preliminary familiarization with the procedure of notarized inheritance.
Application for inheritance
For the most part, an inheritance is executed after death at a notary public at the place of residence. This means that the testator fills out and submits the application of the established form to the authorities serving this plot.
There are also possible situations where the property of the testator is registered at one address, and he lived at a different address. Then, an application for inheritance must be submitted at the location of the property. If there are several such objects, then at the address of the most expensive of them.
The rule of inheritance of property at the location of more valuable elements is always valid when the bequeathed objects are located at different addresses.
The order of inheritance without a will, the order of relatives
The property of the deceased can be divided both by will and without it.
In the first version, the process is quite simple - the heirs after a certain period come into their legal rights on the basis of a will made earlier.
The order of inheritance without a will is determined at the legislative level. If, for any reason, such a document was not left dead, then a law enters into force, according to which property is subsequently distributed. In this case , inheritance rights are distributed strictly in accordance with the degree of kinship.
As mentioned earlier, the sequence is largely determined by the degree of blood proximity - the emphasis is on the number of generations between the testator and the potential recipient of the inheritance object. In the process carried out according to the official document - the will, the descendants and ancestors are considered, in other case - relatives who have common ancestors with the person who left the inheritance. Following the laws of the Russian Federation, at least 8 lines of relatives can count on inheritance .
The first stage is the closest people for the deceased: children, mother, father and wife / husband. Also, children born outside of the marriage union have the right to inheritance . However, they can receive the inheritance of parents if they prove the fact of consanguinity.
Representatives of an unregistered union are not included in this category, because they are not a legitimate husband / wife. If the children of the deceased died earlier than him, and the testament was drawn up to this point, all the property that was written off by him is inherited by their children, that is, the grandchildren of the deceased on the first priority basis.
The second stage is represented by the sisters and brothers of the deceased. Again, with premature death, the inheritance passes to their offspring. It is important to note that this includes the stepbrothers / sisters, as well as the grandparents of the deceased.
Third line - cousins nieces and nephews, uncles and aunts.
Fourth - the parents of the mother and father of the deceased.
Fifth - cousins of grandparents.
Sixth - cousins and uncles.
Seventh are relatives from the second marriage.
Eighth - persons who are on long-term financial support from the deceased - dependents.
At what point should you contact a notary
The period of inheritance is 6 months. Accordingly, if a potential heir has missed this deadline, then the objects of the will are distributed among other heirs in strict order. However, to correct such a situation is quite possible. In this case, you will need to write a statement to the court with a motion to restore the deadline. However, it should be understood that, turning to this body, you will need to present the most significant circumstances that served as an obstacle to the timely entry into the inheritance.
There is another way - an agreement with other heirs on the voluntary transfer of part of the property from a will to a belated person. Although, as practice shows, such a resolution of the current situation is quite rare.
Registration of an inheritance by a notary after death: documents
To carry out such a procedure, the following documentation will be required:
- Identity card of the beneficiary.
- Death certificate of the testator.
- Documents confirming a blood relationship with the deceased - marriage certificate, birth certificate.
- Documents confirming the fact of cohabitation (if any are required) is an extract from the house book.
It is necessary to take photocopies of all documents submitted even before contacting a notary. In the future, they will be attached to the case, and their originals will be returned to their rightful owners.
Correct execution of the application for inheritance
Registration of an inheritance after death by a notary involves the preparation of a written statement. With its general form and basic nuances of filling, a notary will certainly help to understand. However, this document must contain the following information:
- Details of the notary office in which the process is carried out.
- Key information about the heir (personal passport data).
- Date of death of the testator and address of his last place of residence.
- If there is information about other potential heirs, the address of their place of residence and the degree of kinship with the deceased.
- The list of inherited property - real estate, transport and other objects,
At the end, the heir must affix the date of application and signature.
Is it mandatory to inform the other notaries of the notary
Since the notification of the relevant authorities about the presence of other relatives applying for the inheritance is only a right, the heir may not inform the notary of such. The fact that the potential heir has concealed information about possible applicants for the inheritance does not guarantee the subsequent rehabilitation of the term through judicial debate. However, if it is possible to prove that the concealment of information is intentional, a certificate of disposal of the property of the deceased may gain the status of "invalid".
Registration cost
Quite expensive is the procedure for inheritance. Heirs fully pay for the activities of a notary.
Moreover, the size of the amount charged for processing information is determined by the notary independently. On average, this indicator varies from 300 rubles to 3 thousand.
According to the legislation of the Russian Federation, for the provision of a document confirming the right of inheritance, a fee is charged:
- 0.3% of the total value of the inherited property within 100 thousand rubles for parents, children, spouse, sisters / brothers.
- 0.6% of the total price within 1 million rubles for other heirs.
If a proxy deals with the registration of the process , then the amount of his remuneration will be considered individually.
For registration of property rights, the heir will need to separately pay the state fee at the registration authority. In the Tax Code of the Russian Federation (Tax Code), a list of privileges is presented to a certain circle of persons when registering an inheritance with a notary (Article 333.38).
Making inheritance through litigation: the main reasons
Specialists identify a number of key reasons that lead to the implementation of the inheritance process through litigation:
- Disagreement on the division of inherited property.
- The presence of persons who apply for some part of the inheritance.
- Actual entry into inheritance rights.
- Expiration of the period during which it was possible to claim the inheritance.
The latter reason is most relevant, as it occurs much more often. Accordingly, that the lawsuit was satisfied by the court, the heirs under the law must produce substantial evidence confirming the impossibility of completing the inheritance within the time period established by law. Such grounds include hospitalization or imprisonment.
Judicial Registration Nuances
In a judicial proceeding, disputed situations about disposition of an inheritance, as well as about its compilation (recognition of its invalidity in full or in part), may be examined.
If the lawsuit is satisfied by the court, the heirs shall by law receive the right of ownership on the same day. However, if the object of the inherited property was sold by the previous owner, that is, sold, donated, etc., the inheritance is not subject to return. The maximum that the applicant can count on in this case is compensation for damage in a financial or other form.
Making an inheritance after death at a notary public is a complex and lengthy procedure. Therefore, it should be approached seriously and carefully prepare all the necessary documents.