Inheritance - property that passes to relatives or close people after the death of a person. The procedure for obtaining property itself involves contacting a notary with the filing of a certain package of documents. Only one inheritance case may be opened. Documents for opening a inheritance case at a notary public and other nuances are described in the article.
Legislation
How to open a hereditary business with a notary? The inheritance procedure is covered in chapters 63-65 of the Civil Code. According to the provisions of Article 1110, property under universal succession passes after the death of the owner, the announcement of his death by decision of the court or after the announcement of the estimated date of death. Article 1153 of the Civil Code requires potential heirs to contact the notary's office and file a petition. The fact of transfer of property rights is certified by a certificate (Article 1162).
If the notary establishes that in respect of one inheritance two cases have been opened, the one that is open without violation of priority remains in the proceedings.
Where to go?
Which notary public can open a hereditary business? This question arises quite often, and the answer to it can be found in article 1115 of the Civil Code. According to the requirements of this article, an inheritance case shall be opened by the notary public who carries out his activities in the place where the inheritance is opened. It is determined by the place where the testator last lived, or by the place that is predominant, that is, where the deceased most often lived.
To confirm the place of registration of the deceased, the heirs must provide the notary with evidence of the registration of the testator at a specific place of residence. Such certificates are issued by departments dealing with migration issues under executive authorities.
Where can I open a hereditary case at a notary? There are several subtleties that you should be aware of:
- Opening an inheritance is possible at the place of registration, and not at the place of temporary residence of the deceased. For example, you cannot open an inheritance at the place of military service of the testator or where the deceased is serving a sentence.
- If the permanent place of stay is not known reliably, then production is opened at the location of the property. This refers to real estate or the most valuable things that previously belonged to the deceased.
- In the case when it is not possible to independently determine the place of opening of the inheritance, family members will have to go to court, which will determine the notary public who will be involved in the case.
In situations where the testator has permanently resided outside of Russia, the procedure for determining the jurisdiction of a particular notary is determined in accordance with international treaties.
Terms of circulation
To address a notary public, the heirs have 6 months from the date of death of the property owner. The application must be registered by a notary on the day of its submission.
If the deadline for accepting the inheritance is missed, then appeal is allowed after this period, but exclusively through the passage of a judicial procedure. You can justify missing the deadline by the fact that the heir did not know or did not realize that the owner of the property had died. However, he must go to court within 6 months from the moment he learned about the death. If this period is also missed, then it cannot be restored, and the property will be distributed among the heirs of other lines.
An application for the restoration of the deadline for acceptance of the inheritance shall be filed with the court indicating the reasons that did not give the opportunity to file a petition to a notary.
If during the trial it turns out that certificates of inheritance have already been issued to other recipients of the property, then such documents are invalidated and a new division into shares is made.
Acceptance of an inheritance without a court may be made if all existing heirs give written consent to enter into the rights of a person who missed the deadline. Such consent is the basis for the cancellation of previously issued documents.
Documents for opening a notary deed of inheritance
The list of documents is not dependent on the specific situation, it is always standard. The underlying document in this case is a statement. But the notary is required to verify certain facts, which are confirmed by the following documents:
- Confirming the fact of opening the inheritance. This may be evidence of death or a court decision.
- A certificate of the place of registration of the deceased, indicating all residents in this area.
- Documents confirming kinship with the testator. This is a birth certificate or marriage certificate.
- If available, a will is required. Before submitting a document at the place of opening of the inheritance, it is necessary to put a mark on the testament document that it has not been canceled (in the notary office where the will was certified).
- Passport or other document that confirms the identity of the applicant.
- If there is, it is necessary to submit documents confirming the ownership of the property.
- Independent expert report on property value.
In addition, the notary has the right to request other documents. All papers that are allowed to be transferred to a notary are transferred in originals, the rest in copies. After the transfer of the original copies, the notary issues a receipt on their receipt.
Case management
After submitting the application, the notary for registration of the inheritance opens the proceedings. Throughout all time, he carries out a number of procedural actions that are aimed at certifying and re-registering property rights.
In particular, the lawyer carries out:
- accounting, systematization and storage of received documents;
- informs the circle of interested parties about the opening of the inheritance;
- requires additional confirmation (if necessary);
- carries out measures for the protection and adoption of the hereditary mass;
- issues certificates and performs other actions.
All received documents are placed in a separate folder. After the issuance of certificates to the heirs, a mark is made on the folder on completion of the proceedings indicating the storage period.
Composition
How to open a hereditary business with a notary and what property can be inherited? All things that belonged to the deceased at the time of death are subject to inheritance.
The duties and rights of the testator, which are inextricably linked with his personality, are not included in the hereditary mass. We are talking about alimony, rights to redress, personal rewards.
Inheritance transfers belong even to those rights which during the lifetime the testator did not manage to formalize for himself. The simplest example is if the deceased was involved in the registration of housing according to the procedure, but did not manage to complete all the documents, then such property is included in the estate.
Entry into law
How to open a notarial deed of inheritance and in what is its acceptance expressed? Acceptance of an inheritance is a willful and one-sided act. The procedure for entering into inheritance rights may be carried out by law or by will. A complete list of persons entitled to the property of the deceased is described in Art. 1116 GK. The heirs have the right to refuse to receive the hereditary mass.
Inheritance by law: sequence of inheritance
Current legislation provides for eight lines of relatives of the deceased. In the first place are the closest - spouses, children, including adopted minors. Next are the sisters and brothers, grandchildren, grandfathers and grandmothers. Third line - aunts and uncles, cousins and brothers. Then great-grandmothers and great-grandfathers and so on can claim the property of the deceased.
The inheritance is not immediately shared between all relatives. First, the heirs of the first stage are considered. If they are not, then the second stage and so on.
The right to accept an inheritance is available to all competent and adult persons. Legal representatives may act on behalf of minors: parents, guardians, or guardianship authorities. Persons with limited legal capacity may accept the inheritance with the consent of the trustee. For persons who are citizens of other countries, a standard procedure for entry into law is provided, similar to citizens of the Russian Federation.
The fact of inheritance is confirmed by the issuance of a certificate. If we are talking about real estate, then this right must be registered in Rosreestr.
Testament: what are the nuances?
How to open a probate hereditary business? In this case, the transfer of the right to property is carried out in the manner specified by will. Although there are many reservations. There are a number of persons who, regardless of the will of the deceased, have a certain part in the hereditary mass. This right is reserved for minors and disabled children. Dependents and disabled spouses and parents can count on a part.
To contact a notary public at the place of opening the inheritance, it is necessary to have a will on hand with a note that it has not been canceled (affixes the notary who made the will).
A testament document can be declared invalid if it is drawn up by a legally incapable person or with limited legal capacity, if the document does not have the signature of the originator and / or the notary's certification mark.
All disputes that may arise between the persons indicated in the will and those who have the right to a share in the property can be resolved exclusively in court.
Actual Acceptance of Property
The legislation established that the inheritance can be obtained by actual adoption. What does it mean? Simply put, the rights of the accepting property are recognized until otherwise proven. Most often this happens if the inheritance is accepted by law. The sequence of inheritance in this case is also not violated. The recipient of the property must fulfill certain conditions:
- take actual ownership of property;
- take measures designed to preserve the hereditary mass;
- maintain property at his own expense;
- pay the debts of the testator.
The main thing is that all actions confirm the seriousness of the heir’s intentions and that he treats the property as his own. In practice, this looks like an introduction to the housing of the deceased or further residence in it. Confirmation of the fact may be the processing of the land or appeal to the court for the protection of their inheritance rights.
However, you should be aware that the presence of a part in the common ownership does not confirm the fact of entering into the inheritance. Payment for funeral services is not regarded as a circumstance giving the right to actual entry into rights.
The person who actually accepted the inheritance can apply for a certificate at any time. In controversial situations, you have to go to court.
Is it possible to refuse?
Who has the right to inherit the deceased and who can refuse? Articles 1157 and 1158 of the Civil Code stipulate the right to file an application for refusing to accept an inheritance for any recipient of property. However, he may not even indicate the reasons for the decision. There are two types of failure:
- unconditional, that is, without specifying in whose favor the denial was issued;
- directed, indicating the person in whose favor the application is submitted.
You can file a refusal within 6 months from the moment of opening the inheritance. You can refuse even after its adoption. If the property is actually accepted, then the refusal will have to be recognized through the court. It is possible to issue a waiver on behalf of a minor or a legally incompetent person only with the consent of the guardianship authorities.
Failure in the future cannot be recalled.
If the heir concedes in favor of another person, then such a document cannot have reservations or certain conditions. Filing a part of the inheritance is not allowed.
When can they refuse?
How to open a hereditary business with a notary? Can they refuse? In fact, for many people, inheritance is a real chance to improve their financial situation. But it is worth considering that you can lose your property rights not only on the basis of a will. In some cases, heirs may be deemed unworthy, namely:
- If it is established that the relative has committed unlawful and willful acts against the testator. For example, he tried to influence the deceased or seek to increase his own share. Actually, in normative acts there is no list of such actions, but the main thing is that they fall under the concept of “unlawful”.
- Evasion of duties to support the deceased are also classified as illegal. This means if the heir was appointed guardian, but did not fulfill the functions assigned to him or did not pay child support.
- Parents deprived of parental rights are unworthy.
If the heir is declared unworthy, he is deprived of the right to receive property both by will and by law on an obligatory share.
Inherited Transmission
What it is? This term means that the heir after opening the inheritance did not accept it and died, therefore the right to receive property passes to the heirs of the deceased. In this case, it does not matter at all that the property should have been transferred by law or by will. However, if the will indicates another person who should receive the property, if the main heir dies, then the first person will receive it.
In the transmission procedure, the rights that are provided for recipients of mandatory shares do not transfer.
If before the death of the heir he still managed to actually take the property, then it is included in the deceased’s own hereditary mass.
And if death occurred three months or more after the discovery? The term for the entry into the rights of new heirs in this case is increased by 3 months. In all other respects, the procedures for accepting property for transmission and in the general manner are no different.
Issue price
What does it mean to open a hereditary business and how much does it cost? It is necessary to be prepared for the fact that entering into your inheritance rights will cost a pretty penny. First of all, you will have to get a death certificate (200 rubles) and hold a funeral. If a will is written, then the notary will not read it out on a free basis, the cost of the service is from 300 rubles. For the opening of the case itself you will have to pay 800 rubles. However, these are average prices in the country, in the capital and in St. Petersburg, the cost of the entire procedure will cost more.
After completing all the documents you will have to pay another property tax. For loved ones, that is, heirs of the first stage, the tax is 0.3% of the value of the property, but cannot exceed 100 thousand rubles. For the heirs of other lines, the tax is set at 0.6% and cannot be higher than 1 million rubles.