The inheritance after death without a will is a process that can cause a lot of problems. Many citizens face it in practice. Not all people in life dispose of their property and transfer it to one or another person. Such indiscretion in the future may bring some trouble to the heirs. How to get the property? Who is entitled to it? What should every potential heir know? Having understood the established Russian legislation, citizens will be able to resolve all disputes regarding inheritance cases without wills.
Inheritance methods
Russia is a country where relatives and third parties fight annually for the inheritance. That is why the features of inheritance without a will play an important role. Everyone should know about them.
In general, Russia provides several options for the transfer of property by inheritance. Namely:
- through a will;
- according to law.
In the first case, a citizen goes to a notary public. Inheritance for each person whom the owner considers worthy is allocated at the discretion of the applicant. In other words, the will must indicate to whom and what will be after death. Any person can act as heirs - both relatives and strangers.
But more disputes and problems are caused by inheritance after death without a will. What features of the process will have to be taken into account?
Heirs by law
For example, who will have to deal with in the future. This is especially true for citizens who are not too good friends with their family.
The thing is that in the case of inheritance without a will, third parties can not claim the property of the deceased. By law, the distribution of property is carried out between the relatives of the deceased. Therefore, all hereditary disputes and issues will be resolved within the family.
You also need to consider that in Russia there is a so-called inheritance line. Citizens will claim the inheritance in the order of their priority. Family ties play a role here. The closer a person is to a deceased, the higher the chances of inheritance.
About Queues
Entering the inheritance after death without a will is not as difficult a process as it seems. But only if there are no real conflicts in the family. Otherwise, the heirs will probably have to talk to the court on the division of property.
As already mentioned, according to the law, the inheritance is distributed in the order of priority. The first to claim property are:
If the deceased does not have a wife / husband and children, then the inheritance is primarily offered to parents. Otherwise, the property is given to offspring and spouses. And if they refuse it, to the parents of the deceased. At the same time, illegitimate children are also legal heirs of the first stage. The property in equal shares is distributed among all applicants.
Other heirs
As a rule, things usually do not go beyond the first stage of the heirs. But there are exceptions. Therefore, in Russia there are several stages in the order of inheritance. Which ones?
The inheritance after death without a testament allows you to receive the property of the deceased, not only to parents, children and soul mates, but also to other relatives. If the person did not have these people (or they abandoned their shares), the property will be offered to other close blood relatives.
The second stage of the heirs includes:
- grandparents;
- sisters (relatives);
- brothers.
And are there no such relatives? In this case, the property is offered to aunts, uncles, great-grandfathers with great-grandmothers, cousins, grandfathers and grandmothers, again, aunts and uncles, nephews. Only after them the following may claim the inheritance:
- stepdaughters;
- stepsons;
- stepmothers;
- stepfathers.
Did the citizen have any dependency? In this case, these people can also get their share of the inheritance, but last but not least, after all of the relatives listed. In practice, dependents rarely act as heirs by law.
Where to draw up
Where do they inherit? In Russia, a notary public deals with these issues. The inheritance is formalized only in his presence.
You can contact both the state authorized person and the private. The main thing is that it is possible to get your share of the inheritance (both by will and without it) only with notaries. How exactly to act will be described below.
The timing
It is important to pay attention to the limitation of applications for inheritance. The terms established by the state allow only for a certain time to declare their rights. Otherwise, it will not be possible to act as an heir.
6 months are allotted for a decision regarding the inheritance of property. This period can be restored, but only if the citizen can prove that he did not contact the notary before for good reason.
At the appointed time, you will have to write a consent or refusal to accept the inheritance. You can do otherwise - take actions that clearly indicate acceptance of the property. For example, start servicing the inheritance, maintain it and protect it. This alignment is not too common.
Procedure
How exactly does an inheritance take place? Step-by-step instructions for the heirs will help you not to get confused in actions. In general, the operation is not much different from receiving property as a testament inheritance.
To obtain property by inheritance, you must:
- Collect some documents required by the heir. They will be discussed in more detail later.
- Contact a notary with consent / refusal to enter the inheritance.
- Obtain a certificate from the authorized person indicating the refusal or acceptance of property.
- If a person agrees to be an heir, you can go to the Federal Registration Service and register your rights.
Does a citizen not want to be an heir? Then, after writing the refusal, you will need to inform your close relatives about your decision. And already they will have to contact a notary, following the instructions.
About Documents
A rather important nuance is the preparation of documents for inheritance. Father, mother or any other relative - this is not so important. The main thing is that the relationship with the citizen will have to be confirmed. This is the main problem facing people. Especially if it came to cousins.
Among the documents necessary for entering into the inheritance by law, there are:
- death certificate of the owner;
- documents confirming kinship with the deceased (birth certificate, marriage certificate, etc.);
- extracts from the house book of the owner of the property;
- consent to accept the inheritance;
- refusals of previous heirs from property;
- certificates from BTI and ZhEK (for the inheritance of apartments and houses);
- cadastral passports of real estate;
- certificates of ownership of the deceased to the property.
As a rule, when it comes to legalizing the inheritance among the first-order heirs, there are no problems with preparing papers. Therefore, the only problem that citizens may face is the division of property.
Shares of husband and wife
Special attention must be paid to the shares of spouses in the inheritance of property. The husband / wife of the deceased is the first successor in turn. Shares are allocated to them according to special principles.
Which one? First, the spouse receives the inheritance from joint ownership, then - from the premarital. Assume that the inheritance is distributed to the house. The deceased had a wife and 1 child. Then the property will be divided as follows - 1/2 of the house is given to the spouse before issuing the inheritance. And the remaining half is divided into a child and a wife in equal shares. So, the spouse will receive 3/4 at home.
Registration of rights
Suppose a citizen decided to inherit by law. He turned to the notary, presented him the necessary package of papers and received a certificate indicating the acceptance of the property. What's next?
Now, as already mentioned, you need to register your rights. If we are talking about real estate (which in practice is most common), you will have to contact the Rosreestr or the registration chamber. The heir must bring:
- death certificate of the previous owner;
- documents indicating kinship with the testator;
- certificates of ownership of property (in the name of the deceased);
- certificate from a notary showing consent to accept the inheritance;
- cadastral passport;
- application for amendments to real estate documents.
In exchange for these papers, the applicant will be issued an extract indicating acceptance of the request. In 5-10 days it will be possible to pick up new documents. It should also be noted that not only property but also obligations are transferred by inheritance. For example, debts.
Now it’s clear how inheritance without a will occurs. In general, this operation is not much different from the inheritance of a will. With some training, citizens can easily get their share of the property.