As you know, inheritance can occur by testament or by law. In the latter case, the property is divided between successors in order of priority. What sequence of inheritance by law in the Russian Federation will be considered in this publication.
When inheritance occurs by law
Civil law establishes that inheritance by law can only occur if one of the following cases exists:
- There is no will or the fate of not all the property of the testator is indicated in it.
- In the order established by the legislation, the will is declared invalid.
- The successors indicated in the will refused to accept the inheritance, are absent, have died, are deprived of the right to inheritance.
- If there are heirs with the right to an obligatory share.
- In the escheat of inheritance.
general information
According to the rule, citizens who were alive during the death of the testator, as well as his children who were born after his death, can inherit property. The call of successors to succession is carried out in accordance with the order. This order is based on the degree of kinship of the testator with other relatives. The basic principle of inheritance under the law is that the closest relatives remove all other relatives from receiving the inheritance . In total, civil law provides for 8 stages of inheritance under the law. The circle of possible heirs now (unlike the recent past) now includes: stepmothers, stepsons, stepfathers and stepdaughters, people who were kept by the deceased, relatives, up to the 6th stage of kinship, as well as the state.
Civil law identities, which may be successors, are defined. Their list, indicated in the Civil Code of the Russian Federation, is complete, cannot be supplemented. The process under consideration is characterized by a strict definition of inheritance, that is, each subsequent turn has the opportunity to become an heir only in the absence of a previous inheritance turn under the law. Here, the word “absence” is understood not only as the actual absence of the heir-persons, but also cases when they are deprived of their right, refused to accept the property of the deceased, did not accept it on time or were deemed unworthy.
Ownership among successors of the same line when receiving the inheritance is divided in equal shares. In particular, if the apartment of a deceased person is divided into his mother and spouse, who belong to the same queue, they will receive an inheritance in the form of ½ share each. That is, one cannot pass, for example, 1/3 of the share, and the other - 2/3 of the share of housing.
First of all. Children
First of all, the successors of the deceased include his spouse, children and parents. Children can be adopted, as well as those born after his death, but no later than three hundred days from the moment of this event. Parents also mean adoptive parents. The Civil Code, when determining these heirs, refers to the norms of family law, according to which it is necessary to determine who is what kind of relative and what is the sequence of inheritance under the law.
The children of the testator can be called to accept his wealth after death only if their appearance was legally confirmed by authorized bodies, that is, in accordance with the Family Code. Children born from parents who are married will naturally inherit from both parents. But those who appeared in an unregistered marriage will be able to inherit from their mother, and only in some cases from their father. If paternity is officially established (even if the parents are not in a registered marriage), then children can be the successors of the first stage of inheritance by law.
In those cases when a man was not married to a woman, but with all his actions and deeds recognized that he is the father of her child, this child, after the death of his own father, can go to court. Judicial authorities may establish paternity. On the basis of a court ruling, such a child may become the heir to the first priority.
If the children were born in a marriage that later broke up, then their mother’s former husband is still considered their father. There are situations when a marriage made between people is recognized as invalid. If children were born in such marriages, then such a court decision to invalidate the marriage does not in any way affect the children. Here, only a judicial act can change the situation, according to which it is established that the former spouse, for example, is not the father of the child, or that the father is another person. In other words, when children inherit after the spouse or former spouse of their mother, such children will be considered successors under the law of the first stage of inheritance under the law. This does not depend on the actual ownership of paternity and will be so considered until another position is proved in the established manner.
It should be borne in mind that not only the children of the testator born into the world can be his successors. So, conceived children can also be such if they were born no later than three hundred days after the death of their father. It also uses the norms of the Family Code, according to which children born before the expiration of 300 days following a divorce, invalidation of the matrimony or death of the spouse of the mother of these children are considered children of such a spouse of the mother.
Deprivation of parental rights does not prejudice the rights of a child who, after the death of such unworthy parents, will be the heir to the first stage of inheritance under the law. No other conditions, such as cohabitation or the like, are required if the parental relationship is officially confirmed.
Children who were adopted in the proper manner will be represented as the successors of their new parents, and at the same time will not inherit the assets after the death of their own biological mother and father.
First of all. Spouses
The spouse of the deceased will be included in the first stage of inheritance by law, if at the time of death he was in a registered marriage with the testator. It must be understood that such a marriage must be registered with authorized bodies. Those marriages that are committed in an undefined order that is not recognized by the state, for example, some religious rites, as well as the actual marriage relations of men and women, in society called “civil marriage”, will not be considered valid. Therefore, such a “married couple” will not succeed after the death of any of them.
After the dissolution of the marriage relationship between people, former spouses lose their inheritance rights if they survive their ex-husband (wife). In this situation, one point is interesting. This is a time of divorce. It is known that a divorce can be made through the registry office or through the judiciary. If the divorce occurs in court, then such a divorce shall be deemed complete at the time the relevant refereeing document comes into force. Therefore, if the husband or wife died between the time when the decision on divorce was announced by the judge, but has not yet received its legal force, such a surviving spouse will be deemed to be still active and not former, respectively, he will undoubtedly own inheritance rights. The first phase of inheritance by law will belong to such a spouse.
It is also necessary to distinguish between divorce and declaration of spouse as deceased in court. In such a situation, even if the surviving spouse enters into another marriage after the death of the testator, which will be registered in the proper manner, he will still be called to receive the inheritance.
First of all. Parents
Along with children and spouses, parents who are blood relatives in a straight ascending line are primarily included. Neither their age nor their ability to work affects this right. Just like children, parents exercise their rights on the basis of the birth (origin) of their children established in the proper manner. When inheriting from children, the same rules are taken as when inheriting from parents. Adopters are also equated with parents, respectively, and in the hereditary issue have identical rights, which would have biological parents.
Those parents who avoided fulfilling their duties of raising and maintaining a child, those who were deprived of maternal and paternal rights in a judicial proceeding, do not inherit property after the death of their children, but are recognized as unworthy heirs. Adopters will also not be heirs if such adoption has been canceled. If the parents were not deprived of their rights to the child, but only limited, then they cannot be determined by unworthy successors based solely on this fact.
Grandchildren
The first stage of inheritance under the law, defined by civil law, also implies that grandchildren’s grandchildren can also enter it. Grandchildren mean descendants of the testator of the second degree, located in a straight descending line from him. These can be children of either a son or daughter, or children adopted by the testator.
It is believed that grandchildren are represented as successors of the first stage by right of representation. That is, they have the right to property if, by the time the inheritance is opened, their parent is not alive who would be the heir to the first stage of inheritance by law. Grandchildren may not be the only heirs by right of representation. The Civil Code does not explicitly provide, but it is assumed that, in addition to them, their children, and generally all descending blood descendants in a straight line, can be rightfully represented. When distributing shares of the property of the deceased, such heirs shall be entitled by right of representation to such a share that would be given to their deceased parent. They divide this share into equal parts.
For example: if a deceased person had a son who died by the time the inheritance was opened, then the children of this deceased son (grandchildren of the testator) will be involved in the inheritance process. The entire inheritance will be divided equally between them. Moreover, such grandchildren remove from the inheritance the heirs of all subsequent queues. If the testator had two children, for example, a son and daughter, and by the time the son opens the estate, the property will be divided as follows: half to the daughters, the second half is distributed evenly between the grandchildren of the testator.
The second stage. Sisters and brothers
Of the 8 succession lines under the law, the sisters and brothers of the deceased person take the second place. As already mentioned, in accordance with the principle of priority, they can become heirs in the absence of all persons who can be successors of the first stage. They are considered successors in the lateral line of the second degree of kinship. At the same time, it is not necessary that brothers and sisters have common parents with the deceased, one such is enough. That is, both full and half sisters, brothers are considered to be assignees of the second stage. It also does not matter which common parent they have - mother or father. During the distribution of the estate of a deceased brother or sister, half-sisters and brothers shall have the same rights as full-brothers.
Sisters and brothers who do not have common parents with the deceased, the so-called step-parents, are not entitled to inherit by law. The lineups of the heirs of such anemic relatives do not include.
Regarding the adopted children of the parents of the deceased testator, we can say that they have the same rights as their own children. That is, the adopted baby is equated in his own rights with blood relatives, not only solely regarding the adoptive parent, but also in relation to other relatives of such an adoptive parent. Consequently, the adopted children of the parents of the testator have identical rights with their children and will be represented by the heirs of the second stage without any restrictions on them.
In situations where, for example, two brothers are separated by adoption in different families, their relationship seems to be broken, so these brothers cannot inherit from each other.
The second stage. Grandmother and grandfather
The second stage of inheritance by law, in addition to sisters and brothers, also refers to the heirs as a grandmother and grandfather. However, in order for them to become successors, a blood relationship with the deceased is required. The mother and father of the mother of the testator can always be heirs of the 2nd stage. But the father and mother of the father of the deceased only if the origin of the child and paternity are determined in accordance with the law. Adopters of the mother or father of the testator will also be involved in inheritance in the second stage.
The distribution of property between grandfathers and grandmothers, sisters and brothers occurs in equal proportions.
By right of representation, the successors of the testator can only be children of brothers and sisters, that is, the nephews and nieces of the deceased testator.
Third turn
The established order of succession under the law continues the third stage, consisting of sisters and brothers of the parents of the deceased, that is, his aunt and uncle on the side ascending line. Family relationships in such cases are determined similarly to the kinship of the brothers and sisters of the testator, his parents, as well as children.
By right of representation , the third stage includes the children of the aunt and uncle of the testator, that is, his cousins. The distribution of shares takes place according to the same principle as in the case of an inheritance by right of representation in other queues.
More distant brothers and sisters of the testator (second cousins and even further) are not allowed to inherit.
The remaining lines
All other relatives of the testator who were not listed above are the heirs of the following queues. They mainly consist of ascending and descending lateral branches of the native. And although the legislator has recently expanded the number of potential heirs, their list is not infinite, but ends on the fifth degree of kinship. Such a restriction can be safely stated in favor of the state, since in the absence of relatives of the testator who can inherit, the property will be declared escheated and transferred to the state. The restriction on inheritance by law is imposed on such distant relatives as second cousins, grandchildren, etc.
The legislative act in the field of civil relations established that the degree of kinship should be determined on the basis of the number of births that separate one family from another.
So, relatives of the testator belong to the fourth stage, kinship with which is determined in the third degree. These are the great-grandfathers and great-grandmothers of the deceased. The fifth stage, respectively, will have relatives of the fourth degree, to which the legislator classified the children of their own nieces and nephews, who can also be called cousins. The fifth stage still includes cousins and grandmothers, that is, sisters and brothers of the grandmother and grandfather of the testator.
Sixth turn - children of cousins, granddaughters, brothers, sisters, grandfathers and grandmothers. They can be called cousins of great-grandchildren, great-granddaughters, nephews, uncles, aunts.
Stepsons, stepdaughters, stepmother and stepfather are in the seventh stage of inheritance by law. Civil Code of the Russian Federation the 8th turn, that is, the last one, is given to dependents - people who have not entered the remaining lines of inheritance. However, such persons may be called upon to inherit along with other lines.
Thus, despite all the apparent complexity of the hereditary order system, if you carefully examine this issue, we can conclude: it is quite simple. Of course, the notary who will conduct the hereditary business should understand all the nuances and subtleties of the process of calling for inheritance. It was he who should call for the distribution of property all the lines of inheritance under the law. The Republic of Belarus (Belarus), as well as the Russian Federation and other CIS countries, are unanimous in this matter, therefore the legislation regulating inheritance law is very similar in the former countries of the Soviet camp.