Making an inheritance through or without a court - today we will consider the first version of a possible development of events. An application to establish the fact of acceptance of the inheritance may be permitted either by a notary or a court, based on the circumstances. Judges also consider claims in this regard. Below are all the nuances.
Where to go
Exemplary knowledge of how to act does not solve problems. People who are not experts in the field of legislation are still lost, not knowing how to solve difficulties with inheritance.
Despite missing six months, the first instance is a notary public. He will explain what the order, terms of acceptance of the inheritance are.
It doesn’t matter if someone has drawn up an inheritance or not. If the inheritance case has already been opened, you need to contact the notary who opened it.
He will accept the application, advise the client. The presence of documentary evidence may allow the notary to draw up an inheritance, but if there is not enough of it, a refusal is issued in the form of a resolution. The main reason is that the notary does not accept oral evidence, only the court has the right to do this.
The main principle is the actual acceptance of property without contacting a notary. Notaries, as a rule, also give good advice, but for the court you will need a lawyer by inheritance.
Heirs face two main problems:
- deadline;
- actual adoption without formal procedures.
The first case - the heir did not know that he had an inheritance, or knew, but for a number of reasons did not take the necessary actions to formalize it.
The second - the heir showed that he accepts the inheritance, but did not take formal actions. Consultation with a specialist will help a person understand what situation he is in.
Which court to send papers to
You should contact only the district court. Justices of the peace cannot consider any claims related to the inheritance, in particular, a statement on the establishment of the fact of acceptance of the inheritance.
Which institution to apply to depends on the person’s place of residence. If it comes to real estate, then the dependence is established by the location of the object.
What happens if the papers are sent to the wrong court? The judge will either return a statement of the fact of acceptance of the inheritance to the applicant, or transfer the materials to another court in a letter. Direction or return is made out by court ruling. In the first case, it remains to wait for the summons, in the second - to repeat the procedure of delivery in the office. Allowed to send everything by mail. It is advisable to send a letter with a notification, then it will definitely not be lost.
Who will help draw up documents in court
For help, it is better to contact a person who understands the described category of cases. An inherited lawyer is best suited. The problem is that fact-finding is often associated with the recognition of property rights. If the matter is simple, and the application is a simple formality, you can use the ready-made form. However, a sample application for establishing the fact of accepting an inheritance, taken in court or on the Internet, is not always suitable.
People prefer to choose an intermediate option: a lawyer makes a claim, the applicant then goes to court. Previously they explain to him how and where to go, how to behave and what to say.
This approach helps to save on legal assistance, and at the same time to protect yourself from fatal errors that will make it impossible to obtain a positive result.
The choice between a statement and a claim
Lawyers in practice use their sample application to establish the fact of acceptance of the inheritance, they correct it, based on the specific situation. Specialists always do this to simplify the work.
In fact, there are differences between a lawsuit and a statement of fact. A lawsuit is filed in the presence of a dispute. The dispute arises when the other heirs refuse to share the property with someone else.
The restoration of the period for acceptance of the inheritance is raised in a lawsuit in a dispute with others. Both this and other questions can be raised.
The absence of a dispute allows you to write simply a statement of fact. It is slightly different from the lawsuit, some differences are provided for in the process of conducting business.
In the case of a claim, the applicant is the plaintiff; when writing the application, it is designated as such - the applicant. The second party is either the defendant (if there is a dispute), or the interested party (if there is no dispute).
The stakeholder is most often the local property authority. This may be a municipal administration.
If the question is not understood, the lawyer will explain the difference between a simple and statement of claim on establishing the fact of acceptance of the inheritance.
What is written in the statement
It is compiled in the following form:
- name of court;
- FULL NAME. applicant, his address;
- name of the interested body, its address;
- a description of the circumstances, cases, reasons from which a court decision is needed, references to the law, evidence;
- request to request specific documents, call specific people as witnesses;
- please satisfy the application, more often - recognize the fact of acceptance of the inheritance (description according to the cadastral passport, other documents) the applicant.
What documents are attached
The list of attached documents is formed on the basis of specific circumstances.
The number of copies depends on the number of participants in the case, plus one set is made for the court. Sets of copies sent to participants by the court.
These include:
- copies of statements;
- copies of the notary's decision;
- copies of documents confirming the existence of the property;
- receipt of payment of state duty;
- other papers related to the situation.
The time elapsed after their issuance is not a determining factor.
Court proceedings
Papers accepted in the office are sent to the judge. The courts have their own specialization. The assistant judge checks the claim, the number of copies, the availability of receipts. Incorrect design leads to the fact that the consideration of the application is suspended. The plaintiff or applicant is sent a letter describing the shortcomings and shortcomings and indicating the time to correct them.
After eliminating the shortcomings or in their absence, the judge opens the case and sends a summons.
The meeting is held in accordance with the procedure prescribed in the Code of Civil Procedure:
- the judge announces the number of the case, its essence, represents himself, the secretary;
- clarifies the rights, in particular, to call witnesses;
- the floor is given to the applicant;
- witnesses are called, they take a receipt of responsibility for refusing to testify, or for false testimony, they tell everything they know;
- the judge asks clarifying questions if necessary;
- compares copies of documents with originals brought by the applicant, asks questions that he considers necessary;
- the court goes into the deliberation room to make a decision;
- participants are invited to the hall, the decision on the case is announced.
The restoration of the deadline for acceptance of the inheritance is considered by a similar procedure, but, in addition to the applicant, other persons also take part with their evidence and arguments.
The described procedure is not as complicated as it may seem to a person unfamiliar with the courts, it is divided into a number of stages, having completed which and having prepared, it will be possible to obtain a positive result.