Inheritance is considered a specific procedure, the main purpose of which is the transfer of the property of a deceased person to his close relatives. The process can be carried out by will or by law. In the first case, the will of the deceased is taken into account, so he can leave his values not only to his relatives, but also to strangers altogether. If a deceased person does not have a will, then all his property is distributed among relatives, for which the degree of their relationship with the deceased is taken into account. The heirs of the third stage receive different values solely on the condition that the heirs of the first two stages are absent or deemed unworthy.
Features of inheritance
Inheritance by law is carried out only if certain conditions are met. Exclusively if they exist, heirs of the second or third stage can expect to receive some of the property of the deceased relative.
If there is a will, then all successors of the deceased are indicated in it. The document may be challenged if there are errors or violations of the law.
When are values transferred by law?
For the legal distribution of property, the following conditions must be satisfied:
- there is no will, since the testator during his life did not bother to draw up this document;
- in the existing will only part of the property of the citizen is distributed, but some values are not indicated in this document;
- the official order indicates only citizens who cannot claim an inheritance;
- the documentation is recognized as invalid by the court, and this is usually due to the presence of clauses that violate the law or the rights of mandatory heirs;
- the heirs indicated in the will are absent or refuse the inheritance;
- citizens listed in the official order are deprived of the right to receive property from a deceased relative or are deemed unworthy;
- all values transferred to citizens from a deceased relative are escheated.
Only in this case, according to the law, the heirs of the third stage receive the values of the deceased. But for this there should not be heirs to the first two lines. Inheritance under the law assumes that it does not take into account in any way who the deceased citizen wanted to leave his values during his life, therefore only the order of heirs is taken into account.
Succession order
According to the Civil Code of the Russian Federation, heirs of the third stage will be able to count on receiving any inheritance only if these values are not transferred to the heirs of the first two stages. Therefore, in practice, they are rarely direct recipients of property. In this case, the nuances are taken into account:
- First of all, the closest relatives of the deceased are included, and these include spouses, parents or children.
- Secondly, brothers and sisters, as well as grandparents from both parents, are included.
- The heirs of the third stage are represented by brothers or sisters of the parents of the deceased person, who are the uncles or aunts of the deceased.
- The fourth stage includes great-grandfathers and great-grandmothers.
- The fifth stage is formed at the expense of sisters and brothers of grandparents, as well as children of nephews.
- The sixth includes cousins of great-grandchildren, uncles and aunts, as well as nephews.
- Seventh turn consists of stepfathers or stepmothers, as well as stepsons and stepdaughters.
Most often, all values are transferred to citizens who, by the degree of their relationship with the deceased person, belong to the first stage. The heirs of the third stage receive property only on the condition that there are no representatives of the first two stages. They are the uncles or aunts of the deceased. They can rely on values if the parents of a deceased citizen were deprived of their rights to a child.
Nuances of submission right
There are frequent situations when the heir of the third stage dies before the moment when the hereditary business is opened or simultaneously with the owner of the property. In this case, the proportion of the deceased person automatically passes to his children or other relatives. Therefore, the heirs of the third stage by right of representation. They are represented by cousins or brothers of a deceased person.
For example, a citizen has only his own aunt. After his death, it was she who was entitled to receive valuables. But a woman dies immediately after the testator, namely, until the moment when the hereditary case was opened by the notary. In this case, the woman’s daughter is the recipient of the inheritance. She is the cousin of a deceased citizen. He can receive an inheritance from him and from his dead mother.
If there are several applicants who can receive property by the right of representation, then all values are distributed among them in equal parts. This is possible in a situation where the deceased aunt has several natural children.
Are there obligatory heirs in the third category?
Obligatory heirs are represented by citizens who can receive some of the property of the deceased person even if they are not indicated in the official will. These include the following persons:
- the parents of the deceased, recognized as incapable of work, but only on condition that they were not deprived of parental rights, but it is allowed that they be restored in the rights to the child during his lifetime;
- disabled spouses with whom the deceased citizen was officially married;
- children who are disabled or underage, and not only their own children, but even the children who were officially adopted by the testator, are taken into account;
- citizens who are dependents of the deceased during his lifetime, and also they had to live with him in the same apartment for at least one year.
Based on Art. 1149 of the Civil Code, all mandatory heirs can claim the values of a deceased relative. Successors in the third category may be mandatory only if they are dependents of the deceased for at least one year.
When are recipients of property deemed unworthy?
The heirs of the first, second and third stages may be deemed unworthy. In this case, they lose the right to receive any valuables from the deceased relative. To identify who can be recognized as an unworthy heir, the provisions of Art. 1117 Civil Code. These persons include the following citizens:
- people who have committed illegal acts against the testator or other recipients of the property, and the purpose of such measures was to obtain any selfish gain;
- parents who have been deprived of their rights to a child;
- persons evading duties related to the care or maintenance of the owner of the property during his lifetime;
- after the death of the testator no obligations were accepted by the heirs.
Most often, the successors of the third category can receive property if a hereditary business is opened without a will. According to the law, heirs of the 3rd stage can be deemed unworthy of receiving property from a deceased relative if there are good reasons. The procedure for recognizing people as unworthy receivers is carried out only in court, for which reason the evidence available to other interested persons who do not want citizens to receive property left from the deceased is evaluated.
Inheritance process
The heirs of the third stage, by law, are the aunts and uncles of a deceased citizen. If there are no closer relatives who are entitled to receive property left after the death of a person, then it is uncles and aunts who share all the remaining values among themselves.
The entry process is divided into stages:
- after the death of a relative, it is necessary to contact the notary with a statement indicating the intention to enter into the remaining inheritance;
- documents submitted by the death certificate and documents confirming that the applicant really acts as the uncle or aunt of the deceased citizen are transferred to the specialist;
- paid notary services, and for citizens included in the third category of inheritance, the tariff is 0.6% of the value of the estate, but such a payment cannot exceed 1 million rubles .;
- 6 months after the death of the testator, a certificate of inheritance is issued to all recipients of the property, which indicates which values have passed into the ownership of the citizen;
- at the end, the process of registering the property as a property is carried out, for which all documents received from a notary public must be addressed to the Rosreestr, the traffic police or other organizations, depending on the property received.
The heirs of the third stage without a will can become owners of the remaining values only after all the above actions have been completed.
Values Registration Rules
If any property represented by the property is transferred, then 2 thousand rubles are paid for its registration in the Rosreestr.
If a car is part of the hereditary mass, then it is reissued as a successor in the traffic police department.
What to do with debt?
It is not allowed to enter only part of the inheritance, therefore, citizens accept not only the property of the deceased relative, but also his debts. Therefore, based on the value of the estate, the remaining debt is repaid.
If the debts are larger than the value of the property, then usually citizens refuse to accept the inheritance.
What to do if there are several heirs?
By law, the heirs of the third stage of inheritance can be represented by several persons. For example, a deceased citizen may have several uncles and aunts. In this case, the hereditary mass is divided between them in equal shares. The rules are taken into account:
- heirs can share all values on a voluntary basis, for which an agreement is drawn up between them containing a list of all property shared between successors;
- if it is impossible to conclude an agreement on the division of property, since citizens cannot find a compromise, then the division procedure is carried out with the help of a notary, and often one has to resort to legal proceedings;
- difficulties usually arise if different real estate objects are inherited, in which the aunt could live with a deceased relative and other persons;
- compensation may be used if several successors are applying for one real estate at once, therefore one person receives the entire apartment, but at the same time pays compensation to the other heir for his share;
- the notary must ensure that the rights and interests of the obligatory and other legal heirs are not violated.
In practice, citizens who are recipients of property are often unable to agree in a peaceful manner. Therefore, the division of the hereditary mass is carried out by a notary or judge.
What can uncles and aunts count on having a will?
According to the Civil Code, heirs of the third stage can count on receiving an inheritance from a nephew only on condition that there is no will and heirs of the first three stages. If a person before death draws up an official order in which there are no violations or errors, then the persons indicated in this document become recipients of the values.
In this case, the successors of the third category can count on inheritance in the following cases:
- the people indicated in the will refuse to receive valuables;
- all heirs are deemed unworthy;
- an official court order is invalidated because it contains any violations or serious errors.
In this case, the notary decides to divide all the property between the legal heirs. If the deceased person has only uncles and aunts from close relatives, then they are the recipients of the values.
Conclusion
Successors who are the successors of the third category may receive property from a deceased relative if several conditions are met. The inheritance procedure is standard, as this requires contacting a notary public with a correctly prepared application and other necessary papers.
The size of the fee for notarial services is 0.6% of the value of the transferred property. Without paying these funds, citizens will not be able to get value. They are obliged to accept not only various valuable objects, but also the debts of the deceased relative.