The order of inheritance is an extremely important nuance that should interest every citizen in Russia. The fact is that according to the law, the property of people after their death will be distributed among relatives in accordance with the established rules. And everyone will have to face this. That is why hereditary disputes occur in courts very often. Each heir tries to get his share. Especially if it was originally laid out without fail.
So what do you need to know about inheritance in Russia? What features of the process are recommended to pay attention to? And in what order can a lawsuit be filed for recognition of rights to a property as an inheritance? Understanding all this is not as difficult as it seems. The main thing is to know the basics of Russian legislation. And then all the processes associated with hereditary disputes will be clear.
Mandatory and no
The first thing you should pay attention to is that there are some situations in which the inheritance is required. These issues occur when real estate is divided by law. By will too. There is only one exception - if the deceased wrote to everyone deed of gift and distributed everything that he has.
An obligatory share is available to some heirs. It will be laid, in spite of all other circumstances. Who is entitled to an obligatory share of the testator’s property? Among them are:
- disabled spouses;
- Dependents
- disabled parents of the testator;
- children who cannot work and provide for themselves.
Accordingly, these categories of persons will necessarily receive one or another part of the inheritance. If the property was distributed without the participation of these people, then the heirs have the right to file a lawsuit of the established form. Then, after the consideration of the case, the inheritance will be redistributed, but taking into account the participation of new persons.
First of all
The order of inheritance is a very complicated and difficult process. Fortunately, in Russia courts, although they often come across lawsuits regarding the division of property, still they very quickly resolve such disputes. All this is due to the fact that there is a certain order according to which, according to the law, all property of a citizen will be divided.
To begin with, it is worth considering the heirs of the first stage. These are people between whom there will be a division of property from the very beginning. As practice shows, usually at this stage in Russia it is possible to transfer all property to the ownership of certain persons. And it does not reach other lines. Therefore, the attention of this category of citizens is given the most.
The inheritance order in this case includes a certain circle of persons. It:
- children (both adults and minors);
- testator's parents;
- spouse.
All these are persons between whom property is distributed in the first place. Also here can be attributed the grandchildren and other descendants of the owner of certain objects. But the property passes to them according to the rights of representation. About this type of inheritance a little later. First, it is worth considering who and in what order the property will be transferred by law.
Second degree
Now far from the most common, but occurring in practice cases. It is clear to whom the ownership of the inheritance order is primarily transferred. But what if, for example, a person has no parents, no spouse, no children? In this case, the property will be transferred further.
In what order? In fact, the order of other relatives also takes place. But as practice shows, as well as the law says, citizens can not be applicants for the inheritance, if there is at least 1 heir to the first priority.
Who will be assigned the second priority to the inheritance? Among these applicants are:
- brothers
- sisters;
- grandfathers;
- grandmothers.
Moreover, it is important to understand that the ancestors are considered both from the side of the father and from the side of the testator’s mother. And brothers and sisters can be not only relatives, but also steps. By analogy with the previous situation, in the second turn on the right to represent property, nephews and nieces are able to claim.
Third stage
What's next? The inheritance order does not end there. Indeed, in some situations, the owner of the property does not even have such close people. Then, as you might guess, it will be possible to divide everything that the deceased had between distant relatives. But then again, in order of priority.
In Russia there is a third step in the sequence of obtaining inheritance rights. It takes place only when the heirs of the previously listed degrees are absent. Who can be attributed to this category?
Among the heirs in this case, there are:
It does not matter whether they are blood relatives or not. The main thing is that brothers and sisters of parents also have the right to inherit. But, as already mentioned, only if there is none of the heirs listed earlier.
The right to represent the third level remains with cousins ​​and brothers. That is what the Civil Code of the Russian Federation says. It is worth paying attention that the inheritance of property is limited in time. The order of inheritance is just the first step that every citizen should know about. Therefore, before filing a lawsuit, it is necessary to consider some other nuances.
Other steps
For example, what if the testator does not have any of the previously listed citizens? How then will the law be distributed property? In this case, it is not allowed to the state. Instead, there are at least 4 more queues. That is, in Russian law at least 7 stages of inheritance. Remembering them is not as easy as it seems. That is why the recognition of ownership by inheritance is controversial.
Who belongs to this or that category of heirs by law? Accordingly, the following individuals can be distinguished:
- 4th priority - great-grandfathers and great-grandmothers;
- 5th stage - cousins ​​of grandchildren and granddaughters and the same grandparents;
- 6th order - cousins ​​and grandparents, granddaughters and grandchildren;
- The 7th order of kinship - stepdaughters, stepsons, stepmothers, stepfathers.
Direct inheritance has no more features. But this is only regarding the choice of the spectrum of heirs in a particular case. In fact, hereditary affairs are an extremely serious thing. And it is required to be treated with responsibility. What else should a citizen know?
Legacy
There is a certain period in which you need to meet the declaration of your inheritance rights. If a person is silent, his actions should be regarded as a rejection of property.
Six months are allotted for the entry into the inheritance (for the preparation of an application of the established form). The countdown starts from the moment of opening the inheritance. After that, if the citizen has not expressed a desire to receive property or refuse it, the property is distributed either among all the heirs of a particular level, or goes to the next category of relatives.
If the indicated period is missed, in certain circumstances it is possible to file a claim for the right of ownership by inheritance. In this case, if the court decides in favor of the potential heir, you can claim the property. If it has already been distributed, the property will be redistributed.
About restoration of the term of inheritance
How can inheritance rights be restored? There are several scenarios. Some of them have no place in practice. Was the deadline for property inheritance missing? The order of inheritance, as already mentioned, is a very difficult process. Therefore, each heir must inform about his desire to receive the required share of the property. The restoration of the term of inheritance takes place.
How is it going? You can consider the following situations:
Obtaining permission to redistribute property from those who received property. A citizen must provide the notary with the relevant agreements in writing. With him, all applicants for property will receive new certificates on the issuance of inheritance to one degree or another.
A lawsuit recognizing the right of succession is filed with the court, after which it will be necessary to prove the validity of the reasons for which the deadline for obtaining property was missed. Otherwise, the claim will not be satisfied.
Respect reasons
The order of inheritance of property is known. But in what situations can one restore the right to receive a certain share of the property of a deceased relative? Good reasons include:
- a disease of a potential new heir that interferes with the will;
- living in another country;
- if the person did not know about his rights (that is, about the death of a relative);
- being in a difficult condition that made it difficult to communicate his will;
- natural disasters / other circumstances beyond the control of a person, according to which it was not possible to claim the inheritance.
In these situations (if there is evidence), the court restores inheritance rights under the law. Nothing difficult or special. The main thing is that quite often it is possible to get the required legal part of the property, despite the missed deadline for inheritance.
By right of representation
A few words about inheritance by representation rights. In Russia, this alignment is not so common. The heirs of one order or another were listed. In what situations will they receive property?
If the heirs (direct) of one order or another have died before or together with the testator, the share that was assigned to the direct recipients of the property shall be transferred. That is, if the parents of the child have died, then the inheritance from the grandmothers will be first transferred to the grandson, and then (if there is no child) to the brothers and sisters of this very grandmother.
How to get an inheritance by law
What's next? Many are interested in how to obtain the inheritance by law. There are several scenarios. They must be implemented in the specified 6 months.
The first option is to contact a notary public. This employee writes an application for inheritance (or refusal, it can be in someone else's favor). Next is the acquisition of property. Contact is required at the place of residence of the testator.
The second option is a claim for the recognition of certain rights by inheritance. But, again, after a court decision is made, you will have to turn to a notary public.
The third method is the commission of actions that clearly indicate a person’s desire to obtain rights to a particular property. What is it about? The inheritance takes place if the potential recipient performs the following actions:
- pays debts of the testator;
- ensures the safety of things;
- Spend on the maintenance of the inheritance;
- begins to own property.
It is in such situations that the right to inheritance is automatically recognized. But if desired, a citizen is able to write a refusal by a notary.
Decor
Now it is worth considering the procedure for obtaining property. Situations are different. But in general, the order can be distinguished as follows:
- Addressing a notary public and writing an application for a share of the inheritance.
- Attaching documents (about them later), certifying rights as an heir.
- Payment of state duty. A check is attached to the application.
- Obtaining a certificate from a notary of property rights.
- Registration of ownership. It's about registration. For example, in Rosreestr.
Documents
And now it’s worth considering the documents that a citizen will need to receive an inheritance. In fact, the list is not so big. It is worth remembering: the further the priority, the more problematic the inheritance of property.
It is usually customary to single out the following papers attached to a notary's application:
- heir's identity card (passport, from all applicants);
- death certificate of the testator;
- documents of kinship with the deceased - birth certificate, marriage certificate;
- receipt of payment of inheritance fee.
It's all. If someone renounces property in favor of a specific recipient, the corresponding written form must also be enclosed. Nothing difficult or special, everything is extremely clear. Claims in the order of succession in the presence of a waiver of property in writing do not take place. A person who has already abandoned the inheritance will not be able to reverse the process. The recognition of ownership by inheritance is a difficult process that requires knowledge of the established Russian legislation.