Losing a loved one or relative is a very big loss, but life does not end there. Usually, after the deceased, some property that should belong to the living remains. What is needed to take possession of this property, and what documents are needed to enter the inheritance?
Who is entitled to claim the inheritance?
The Russian legislation and the Civil Code of the Russian Federation say that relatives or other persons may claim the inheritance of the deceased if a will was drawn up during their lifetime. This means that the rules of entry into the inheritance state that a completely alien person can also receive the abandoned property.
If there was no written will, then the inheritance may be claimed, first of all, by the spouse, children and parents. If there are none, then brothers, sisters, grandmothers, nephews, and other close relatives may apply for the abandoned property .
It is also necessary to remember that a close relative can independently go to court and demand that he recognize the right to receive property after a person who has gone into the other world.
General list of papers for inheritance
The distribution of property left after the deceased is handled by a notary public. Entry into the inheritance, documents required for this procedure, and other subtleties in the conduct of only this specialist.
Since 2005, the future heir has the right to apply to any notary's office, although until that time notaries have been divided territorially. To facilitate the process, there is an electronic database in which all data regarding future heirs is stored. The notary is obliged to study the case, and, as the rules of inheritance require, to notify other close relatives, who also have the right to register a share of the property.
What papers need to be collected in order to begin the process of inheritance?
- Statement.
- Death certificate of a relative or person who wrote the will.
- Original will (if any).
- A document that confirms the relationship with the deceased.
- A certificate that would confirm the fact of living with the deceased in the same territory recently. Usually it is issued by the EIRC staff.
It is worth noting that this is not a final list of papers. Some documents will have to be provided additionally. If a will has been made, then you need to make sure that all the details were observed, otherwise the paper will be declared invalid.
List of documents for obtaining an apartment after the deceased
Often, after the deceased person remains immovable property (usually an apartment). What documents are needed for an inheritance for an apartment?
- A document that would confirm the deceased's right to housing. This is usually a contract of sale.
- Original certificate of state registration of law.
- Extract from the Unified State Register.
- Documentation prepared by BTI staff for the premises.
- Help from the BTI.
Apparently, there is nothing difficult to get an apartment according to the law and issue an inheritance. Documents for registration of the inheritance must be provided to the notary, who will carry out the established audit, and if there are no obstacles, then after six months the heir can already receive the right to own the living space.
Subtleties and documents for the inheritance of the car
A car is the same property as an apartment. What documents are needed for the inheritance and for obtaining a car that remains after the deceased? Here is the complete list:
- Title to the vehicle;
- certificate issued by the traffic police for this vehicle;
- an act in which the cost of the machine will be clearly assessed.
It is worth noting that if the car was unsubscribed to a person by will, then it is necessary to provide the original of this paper. If a close relative enters into ownership, then only the fact of kinship needs to be confirmed.
List of documents for inheritance of funds in the bank
The list of documents for entry and execution of the inheritance of finances that are in the bank:
- an agreement drawn up by the bank with the signature of the deceased;
- savings book of the deceased (if any);
- plastic card (if available).
It is also necessary to provide the notary with a complete list of banks where the deceased could still keep his savings.
It is important to remember that the listed package of documents is not final. The specialist has the right to require a testament and other papers from the heir to collect a complete list of documents. The final package of papers will be known only after a personal conversation with a notary.
Documents required for registration of the inheritance in the manner prescribed by law
So, if it was established that the deceased did not leave any wills to third parties, and the deadline was set, after which you can claim the inheritance, a close relative has the right to demand the property of the deceased by law. What documents are needed in order to draw up an inheritance in this situation?
- Statement.
- Certificate of residence of the last deceased.
- INN
- Death certificate of a person.
- Help confirming kinship.
- Documents for real estate.
- Documents for other property (including money that remained after the death of a relative).
- Extract from the house book.
- A document in which all the property of the deceased on the date of his death would be evaluated.
- Papers on the non-property rights of the successor.
There are also situations when, after the death of a person, family values and other family property remain. What documents are needed for inheritance in this case?
In fact, an exact list does not exist, but a notary needs any documents or papers that could prove that a close relative can claim this property.
If there is a will
The process of obtaining property after the deceased greatly simplifies the will, which was drawn up during human life. It is important to remember that the will must be certified without fail, it must contain the passport details of the owner of the property and the heir, and the owner must be sane.
What documents are needed for inheritance by will?
First of all, a notary public will require the original owner of the will from the future owner of the property. Then he must verify its authenticity, and if there are no complaints against this paper, then the specialist will give the heir a complete list of necessary documents.
If the will was not made, for example, for a close relative, then in this case a person will still have to confirm the fact of kinship with the deceased. If a person does not have a blood relationship with the deceased, then such papers do not need to be provided.
Documents in case of cancellation of inheritance in favor of another person
By law, the future heir to the property of the deceased has the right to refuse the inheritance, but this can only be done in favor of the relatives of the person, or in favor of the person who has a will on hand.
This right does not apply to those persons who were deprived of their inheritance by the court, or if a will be present in the will. Also, you can’t refuse the right of inheritance if the deceased was a will for several persons.
What documents are needed to enter the inheritance, or rather, when you refuse it?
The legal heir must personally make a statement on the refusal of the property laid to him in favor of another person. The paper must indicate a specific person.
It is worth noting that the heir has no right to refuse part of the property.
You can also abandon property if the deceased has debts, for example, on loans. Then the value of the inheritance will go to pay off debts.