Not all relatives manage to re-register the property of a deceased loved one in time. Life circumstances that impede situations interfere with the procedure. When someone has missed the deadline for inheritance, do not despair, you can restore it in court. This process is longer than the implementation of actions in accordance with the legislative regulation, but the result will be positive provided that the applicant really has them.
Law and rights of heirs
The Civil Code in article 1149 gives a clear idea of the rights to an obligatory share of the inheritance. These provisions are confirmed by Federal Law No. 259 as amended on July 29, 2017. The legal acts say:
- no matter what the text of the will of a citizen, he cannot deprive the rights to half the property of his disabled dependents - parents, minor children, spouse;
- the mandatory share is allocated from the entire part of the inheritance, even if this reduces the material size of the remaining applicants;
- the court is authorized to consider the application of the applicants for the inheritance: persons who are required to share and those who are indicated in the will - and then decide who owes what.
The act explains in detail cases of the impossible transfer of property. One has rights to real estate, things, values - by its origin, but missed the deadline for inheritance, the other as the heir is indicated in the will. The first lived in another place, when the second not only lived in the house, but there is his workshop, where he earns a living. The judge is in the position of both and may reduce the size of the mandatory share or even refuse to satisfy the claim.
Time limits
Making an inheritance is not always a pleasant undertaking. Still time did not extinguish the bitter moment from the loss of a loved one, but you need to defend your rights. Judicial practice shows: 40% of all pending cases in this direction belong to cases where the heir missed the term of entry into the inheritance. Regardless of how the property becomes property, with or without a will, six months are given to clarify all issues and confirm the status.
The reference point of this time interval is affected by:
- the number indicated on the death certificate and issued by the registry office;
- court decision recognizing the death of the testator;
- a court order reflecting the estimated period from which a person can be considered dead.
The refusal of his share must be registered with a notary, then it will be counted off for other members of the family, claiming ownership of a relative.
Special circumstances
There are cases when a citizen missed the deadline for entering into the inheritance due to proceedings with refusal from him, acceptance of objects by other members or recognition of them as unworthy in court. It should be the fate of the legal heirs, if they did not take possession of the property within the prescribed period, having formalized it by law, this right passes to the citizens of the second stage.
When a child was to be born to a deceased, the family should wait for his birth, after which start the section. In case of refusal of one adult and competent citizen from the property of a relative, the right to accept it for other members comes from the date put down by the notary. Documents for the distribution of shares are executed within 3 months. The heirs get the opportunity to share the share, recognized by the court of a relative as unworthy of its receipt.
Procedure
As soon as family members distributed their parts of the property, they found out that the heirs missed the deadline for the inheritance, decided on the rights, they need to visit a notary. In this office, the necessary data are recorded for the areas of residence. Without a notarial confirmation of the actual number of direct heirs, the court will not begin to consider the issue, legal institutions that help the population to draw up applications also require contacting a notary. Where to start:
- visit a notary's office;
- fill out an application;
- attach legal documents to the application;
- confirm payment of state duty by receipt;
- submit a valuation report of all property.
After receiving a certificate confirming the right of inheritance, you need to proceed with the registration of the property received.
Without trial
Missed the term of entry into the inheritance - what to do? Choose one of the ways:
- settle the dispute peacefully;
- resolve the conflict in court.
Without trial, it’s a calm and less costly way to resolve a dispute between heirs. It is used when the conflict does not arise at all and the receivers voluntarily agree to renounce their right to property. For example, a son or daughter lived in their own home, not thinking that they should draw it up within the legal framework, therefore the deadline for entering into the inheritance was missed by law.
It is possible that the testator, during his lifetime, gave one of the children an apartment, and he registered the property. If the donor is a close relative, he will not have to pay tax, and the property will be transferred on the basis of an agreement.
When it's hard to get consent
When a house in a remote village is inherited, the heirs usually don’t protest very much about granting consent. Agree and decide who will have to pay the notary fees. The refusal in the court is accepted only in writing, this is a separate supporting document, it will be recorded by a notary in its database.
When the state is divided, and one of the members is late with the deadlines - without it, everything is distributed. The fact is that notarization is required in the case of a dispute, where relatives refuse to recognize another heir inscribed in the will. With this document, the new applicant resolves the matter in court.
Court Cases
The reasons for the missed deadlines for inheritance will require a court to indicate. When a citizen lived in the house, and his lack of attention to the laws is explained by an ignorance of the restrictions, the legal authority will require evidence of real estate management:
- respect for the property of the deceased;
- timely payment of utilities;
- carrying out repairs in residential premises.
Confirmations required:
- extracts from the FTS on tax payments;
- certificates from the management company about the absence of debts for electricity, gas, water;
- receipts of expenses for the purchase of materials for repair work;
- testimony of the actual occupation of the house and cultivation of land, planting, weeding the garden. Witnesses must be from the side of the testator - persons not interested in the case.
The court will consider:
- opportunities and restoration of the missed term of entry into the inheritance;
- will determine new shares if the claim is satisfied.
Ignorance of the law does not remove responsibility from its violators. In this case, most judges are loyal to the legal illiteracy of citizens.
What reasons are considered valid
The court draws attention to all the circumstances that served as the reason, and the citizen missed the term for entering into the inheritance with or without a will. The legislatively established period for this procedure is the same for everyone - six months.
Significant reasons and good reasons are:
- the heir did not know that his relative had died and bequeathed to him a house;
- the disease prevented the procedure;
- a citizen lived abroad - while applying for a visa, other permits, the deadline has expired;
- the employee was sent on a long business trip, where it was impossible to do personal affairs;
- the heir turned out to be a conscript; the command did not let him go to resolve the issue of property;
- it did not work out on time due to the conclusion in a correctional institution.
The allegations are not considered by the court, each word must be documented.
What evidence does the court require?
For each life situation, there are mandatory evidence documents:
- sick leave;
- military tickets;
- travel certificates;
- foreign passports;
- written testimony about the lack of communication with the deceased relative.
Controversial question: how do judges relate to ignorance of laws among the population? The answer depends on their competence.
Statement of Missed Succession Period
The term of inheritance can only be restored by court order. Without a resolution proceeding from a legal authority, it will not be possible to register property as property, to freely dispose of it. To carry out the procedure, they file a lawsuit in court with the attached evidence and an explanation of the reasons for missing. If there are other heirs, you must have written evidence of their involvement:
- rejection of the entire inheritance in favor of the applicant;
- lack of consent to the allocation of shares.
In judicial practice, there have been cases when real estate was transferred to state ownership. The defendant to the sole heir who missed the deadline will be the municipal department. Claims are filed and executed, taking into account the rules of this court proceeding, as in the example:
The court needs to present such reasons that it considers them convincing and satisfy the lawsuit. Then, based on the court decision, the objects will be redistributed. When a lot of applicants are involved in the case and they managed to distribute all the good deceased relative at their discretion, they will have to share. If the house is sold, they are obliged to return the amount due to the heir, it is also determined and exacted by the court. Perhaps there are no conflicts among the heirs, they need to restore the lost time. This also happens only by court order, and the notary will deal with the section.