Hereditary issues interest many. To obtain property from the testator, you need to issue it in accordance with the law. The main thing is to know how to act. A person has a certain amount of time to enter into an inheritance - a limitation period. This is what the period of time is called during which the potential heir must agree or refuse to receive property from the testator. For one reason or another, this may be skipped. What to do under such circumstances? Is it possible to restore the time for inheritance? And if so, how? Understand all this and not only try below. The situation is far from always easily and quickly resolved.
Clearance time
What is the statute of limitations for inheritance? Everyone is recommended to know the answer to this question. This is due to the fact that everyone has a chance to act as an heir.
In general, six months are given for inheritance. The main problem is determining the day from which the countdown begins. It all depends on the specific case.
According to law
In Russia, you can act as heirs in different ways. More precisely, then by law and by will. The first option in practice is a lot of trouble.
If there is no will, the right to inheritance arises by law. In this case, the term of entry is counted from the day of the death of the testator. The relevant information can be found in the death certificate.
Sometimes citizens can be declared dead in court. In such circumstances, the countdown for the inheritance begins on the date specified in the court order in the relevant case.
In some cases, it is very difficult to identify all the heirs by law.
By will
What is the deadline for inheritance by law, found out. But what if the citizen made a will? The situation will change a little - the deadline will remain the same, but with the starting point everything will be much simpler.
The fact is that if there is a will, the period allotted for the execution of the inheritance is counted from the moment the testament document is opened. This happens from the day of death or the recognition of a person as dead.
The advantage of this situation is a clearly defined circle of heirs. They are indicated directly in the will. This greatly facilitates the process of registration of the inheritance in the property.
Recovery option
Life is unpredictable. And so people can suddenly die. The maximum term for inheritance after the death of a citizen is six months. Is there anything you can do if the appropriate time has passed?
In general, if you do not accept or refuse the inheritance on time, the citizen loses inheritance rights. He is deleted from the number of recipients of the property from the testator as having refused his share.
But there are exceptions. If the statute of limitations for inheritance has passed, sometimes you can demand the restoration thereof. And not in one way. But how?
Recovery Methods
It all depends on the situation. To date, the restoration of previously missed time allotted for the entry into the inheritance is carried out:
- in court;
- in the pretrial order.
Most often you have to use the first scenario. Recovery without trial in practice is a rarity. Few people agree to refuse the share of inherited property.
No trial
An extension of the period of entry into the inheritance is allowed if a person did not use it for valid reasons. True, respect will have to be proved and confirmed with documents. Otherwise, the corresponding service will be denied.
To implement the procedure requires:
- show that the current rules for obtaining property from the testator is violated for a reason;
- to obtain the consent of all the heirs to the redistribution of property, taking into account the new applicant.
If at least one of the heirs does not agree, there is a need to file a lawsuit with a judicial authority. There can be no exceptions.
The procedure for registration without a court - certificates are not received
The statute of limitations for inheritance by will will be exactly the same as when obtaining property under the law. Moreover, the procedure for its restoration in both cases will be the same.
Suppose a potential heir missed, for good reason, the deadline for the execution of the inheritance put to him. At the same time, certificates on property rights to the responding heirs have not yet been issued.
Then, in order not to bring the case to court, a person will need to do the following:
- Prepare certificates confirming the validity of the reason. In the case of pre-trial proceedings, this paragraph is optional.
- Discuss with other heirs the situation and ask to review the principle of division of property.
- Contact a notary public and draw up the written consent of all the heirs to re-register the property.
- To receive a certificate of entry into the inheritance of the established sample.
It sounds like there is nothing special about the operation. In fact, it is almost impossible to obtain the consent of all the heirs. The situation is aggravated when heirs with an obligatory share appear. For example, minor children or persons who were dependent on the deceased.
If there is evidence
And if citizens have already received certificates of inheritance, even more so. This is too troublesome to voluntarily agree to share the property of the testator again. Nevertheless, there are exceptions.
If the heirs have already been issued certificates of an established form, they will have to act according to the previously described algorithm. Only you have to pay extra for notarial services for the cancellation of previously issued certificates.
How much do notary services cost when registering an inheritance? There is no definite answer. It all depends on the value of the inheritance and on which specialist citizens apply to.
On average, about 20,000 rubles are paid for inheritance in Russia. Close relatives should give 0.3% of the appraised value of the property, other persons - 0.6%.
Private notaries additionally charge a fee for their services. But in what size? How much are the services of a notary public when registering an inheritance, it is better to check in the selected office. Some establish a fixed payment, while others require payment depending on the inherited property.
In court - appeal
Entry into the inheritance after the statute of limitations is most often carried out by court. As a rule, achieving results in this way is easier than without judicial debate. We can hope that no one will interfere with the exercise of inheritance rights.
In general, the algorithm of actions for restoring the statute of limitations for inheritance will be as follows:
- To form a package of documents necessary for further actions. We will familiarize ourselves with its components later.
- Make a statement of claim.
- To apply to the court at the place of opening of the inheritance or residence of the heirs (one of them).
- To receive a court order with a decision to restore the statute of limitations or to refuse to satisfy the claim.
The main thing is to prepare correctly. If a person, due to his own forgetfulness, did not realize the inheritance rights in the allotted time, the court will not satisfy the claim. Otherwise, it’s worth a try.
What is considered a good excuse
The statute of limitations for inheriting without a will or is it missing? There will be a need to go to court for their restoration. Only by far not always can a citizen succeed in the process of implementing the task.
At the moment, a good reason to skip the time allotted for the entry into the inheritance can be considered:
- residence of the heir in another country;
- finding the potential recipient of the property far from the deceased;
- lack of communication and communication with the testator;
- being in a hospital for treatment or in a sanatorium;
- stay on a business trip;
- falling under the action of force majeure (disaster, cataclysms);
- ignorance of the citizen regarding the death of the testator, as well as the recognition of his dead;
- ignorance of the will or inheritance rights under the law.
In all these situations, it is necessary to collect evidence. Without them, recovery will not work. This is what Russian law says.
Documents for the procedure
The restoration of the terms of inheritance in the Russian Federation, as already mentioned, can be carried out in different ways. And it is far from always possible to achieve the task without trial. Practice shows that increasingly the implementation of the mentioned procedure is carried out in court.
A citizen will have to prepare:
- lawsuit;
- passport;
- documents confirming the validity of the admitted pass (extract from the place of residence, information from the media, referrals, and so on);
- certificates confirming kinship with the testator (when registering the inheritance by law);
- testament (if it was made).
This will be enough. If there are copies of the defendants' passports, they can also be attached. The most difficult thing is to collect evidence of the validity of the pass reserved for the entry into the inheritance term.
About the lawsuit
A huge role in the entire operation is played by the statement of claim. It is compiled by those who missed the time allotted for the entry into the inheritance.
A lawsuit is written taking into account the rules for filling out a regular statement of claim. The document must indicate:
- information about where the application is sent;
- information about the plaintiff;
- information about the defendant (or defendants);
- Contact details;
- detailed history telling about the situation;
- list of documents attached by the plaintiff to the application.
This is usually enough. If the lawsuit is correctly drawn up, the restoration of the term for inheritance will be greatly facilitated.
Important: if the person was dependent on the testator, relevant evidence must also be provided.
Conclusion
Based on the foregoing, it follows that citizens can skip the period allotted for acceptance or rejection of the inheritance. But far from always it is possible to restore it.
Better not to allow such passes. Only then can we hope for a successful and fairly quick execution of the inheritance. Otherwise, you have to act decisively - few will agree to give part or all of the inheritance.