Acceptance of an Inheritance - Highlights

In life, there always appears a moment when you have to solve inheritance issues. But in order to fully use and dispose of property, it must be accepted and executed.

Acceptance of an inheritance occurs in two ways: actual acceptance, when the heir continues to use the property and makes various improvements with it; filing an application for acceptance of the inheritance to a notary. In case of impossibility to act on his own, the heir may issue a power of attorney to another person.

inheritance

Russian law considers the hereditary mass as a whole. It is impossible to accept or refuse the inheritance in part. For example, you cannot take an apartment, but refuse debtors or loans from the testator.

A period of 6 months is allotted for acceptance of the inheritance. During this period, you must visit a notary and write a statement. After the specified period has passed, it is possible to take ownership of the property in two cases: restore the period through the court, having confirmed that there is no good reason, and if the other heirs agree to share the inherited property for another person without a court decision.

Civil law contains rules that allow not only accepting, but abandoning inherited property both in favor of other persons who have the right to inheritance, and without specifying anyone. It is impossible to cancel such a refusal.

acceptance of inheritance and renunciation of inheritance

Acceptance of the inheritance and renunciation of the inheritance must also be registered by a notary. In some cases, it is impossible to refuse the inheritance: when inheriting an obligatory share, part of the property, having a will, appointing the heir and inheritance with reservations.

Acceptance of an inheritance takes place on two grounds: by will, and in its absence - by law. According to the law, property is divided into different parts between close relatives of the deceased. There is a strictly defined sequence by which the heirs have the right to claim the property of the testator.

In a will, you can dispose of your property in different ways: bequeath it to one or more persons (it is possible to indicate shares at the testator's discretion), who may be relatives or strangers, and also deprive the inheritors of inheritance property by law. You can change the old or make a new will many times. In any case, the last will be valid.

probate

Acceptance of the inheritance by will takes place at the notary's office with a copy of the will by the heirs within 6 months. A will can be challenged in court and canceled. It will also be invalid if it is incorrectly drawn up (nullity).

Legislation provides that acceptance of an inheritance may occur on several grounds at once. In this situation, the heir may choose to accept the inheritance one by one and immediately for all reasons.

After the hand on the certificate of inheritance is issued , the heirs need to issue it at the Registration Chamber.

Source: https://habr.com/ru/post/F6144/


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