Russian legislation is extensive. And many citizens do not know its key points, which may come in handy at any time. Today we will talk about the inheritance and its transfer. Who can be a testator? How is property transferred in this case? How can recipients of property arrange it?
To answer all this and not only we will try further. In fact, everything is much simpler in theory than in practice. After all, the law of succession is the subject of ongoing debate. Especially in families.
Parties to the process
A few words about who is involved in the process of adoption and compilation of the inheritance. Everyone should know about this.
At the moment, the participants in the operation in Russia are:
- testator;
- heir;
- authorized person (more often - a notary public) executing a transaction.
That's all. Next, we consider in more detail the testators with the heirs. Do not forget about the design of the inheritance and its acceptance - all this is extremely important for modern people.
About testators
A testator is a person who has acquired some property in his life and now wants to transfer it. The process of entry into the inheritance begins after the death of the owner of an object.
Any person can be an inheritor. Citizenship, gender, age do not play any role.
A similar term is sometimes replaced by "testator". A similar word is used in relation to the testator, who executed the testament paper during his life.
Accordingly, any person may act as a person transferring property after his death. Even if he does not have citizenship. The main thing is the availability of property or rights and obligations related to property.
About the heirs
The concept of the inheritor in the law of succession we will consider below. Who can be the recipient of the property? This question is considered more difficult in real life.
In general, the heir is the one to whom, after the death of the testator, part or all of the property will be transferred. Recipient of wealth.
Inheritors can be:
- relatives of the deceased (most often);
- Organization
- third parties.
It all depends on how the inheritance is transferred. But more on that later.
It is important to remember that in Russia there is a so-called sequence of heirs among relatives. The closer the relationship, the higher the chances of getting a share of the property of a deceased citizen.
Ways to receive an inheritance
The heir can be both an adult and a child. But with some reservations.
The thing is that inheritance can be transmitted in different ways. Namely:
- according to law;
- by will.
In the first case, one can single out the usual inheritance and receipt of material goods by the right of presentation (transmission). In real life, the usual layout is more common.
Obtaining property under the law
The testator is the one who transfers property after his death to certain citizens. Consider the features of obtaining property under the law.
In this case, the heirs are the relatives of the deceased. And here the sequence of inheritance will operate. The closer the relatives, the greater the chance that she will receive a share of the property.
When inheriting by law, third parties and companies cannot act as beneficiaries. The property is distributed in equal shares between all potential heirs of one or another level. The law does not provide for any preliminary registration of inheritance.
On probate inheritance
The inheritor can be any person who has some property or a share of ownership. Quite often, inheritance by will is found in Russia.
In such circumstances, the recipients of wealth may be any company and person. The main thing is that they be mentioned in the will. The sequence of inheritance by law in this situation does not play any role.
A will is executed during the life of the property owner. The document is certified by a notary. A little later, we will consider the process of filling testamentary paper.
A will can be adjusted an infinite number of times. This right remains with the owner of the property. The main thing is to adhere to a certain procedure.
Powertrain right
The heir (and the testator) is a citizen who will receive a share of the property after the death of the testator.
Sometimes in Russia there is inheritance by right of representation (or transmission). A similar scenario is provided for in the distribution of property under the law.
In this case, one or another heir does not have time to enter into the inheritance, and then his rights pass to his heirs. In fact, this is inheritance “through a generation”.
We will not talk about this situation in detail. After all, it is extremely rare in real life. And he does not deliver real trouble.
Making a will
Are you planning to transfer the inheritance by law? The succession of heirs is presented to our attention. And what if you want to independently divide the property in life? Need to make a will.
For this, the potential testator must contact the MFC or a notary public. You must have:
- passport;
- certificate of mental health;
- a will in which all the desired heirs are indicated;
- shares of property transferred to one or another recipient;
- title papers on property.
As practice shows, this is enough. If you wish, you can attach extracts confirming kinship with specific heirs. It is advisable to report to the will copies of the passports of the recipients of the property. This is how inheritance is legally registered. The order of relatives here is extremely important. Without it, it is impossible to cope with the task.
How to inherit
The rights of the testator to the property are lost only with his death. While the owner of objects and things is alive, he is considered their full owner.
How to receive an inheritance by law or by will? Ideally, the instruction looks like this:
- Wait for the opening of the inheritance. Usually this action occurs after the death of the testator at the place of his residence or at the location of most of the inherited property.
- Within six months from the moment of opening the inheritance / will, issue a notary's consent to receive property. If a person does not want to act as an heir, he can waive his right in favor of any of the heirs or just like that.
- Get a certificate of acceptance of inheritance.
- Obtain ownership of the property in Rosreestr, if necessary.
That's all. A testator recognized as dead or actually dead will lose the right to inherited property. If a citizen appears and is recognized alive by court, authority can be restored.
Documents for inheritance
We found out who can be the testator. But how to get an inheritance? What documents are useful for the implementation of the task?
Most often required:
- will;
- death certificate of the testator;
- certificates confirming kinship with the previous owner of the property;
- copy of the testator's passport (preferably);
- identity card of the recipient of the property;
- documents for inherited property (recommended);
- consent to inheritance.
That's all. Now it’s clear how inheritance is carried out in Russia. And who can be the testator. Everything is not as difficult as it seems. Especially if you prepare for operations in advance.
Important: if the testator was legally incapable or in an inadequate condition at the time the will was drawn up, the testament can be canceled in court.