Documents that confirm relationship
To understand what documents confirm kinship, you need to know that they include several groups of official papers. Among them:
- Certificates issued by civil registry establishing or changing the status of a person. The group includes birth certificates, marriage registration certificates, changes of first and last names. These documents must be kept by the citizens to whom they were issued. In case of loss or damage, they must be replaced by pre-paying the state fee.
- Certificates from the Civil Registry Office, confirming the fact of relationship. These may include certificates of birth, death, marriage or divorce, and others. The application can be submitted in person, by mail or using the services of a representative.
Attention! Certificates and certificates issued by the registry office are not the same thing. The first ones are issued once - upon the appearance, change or termination of a legal fact (birth, death, marriage, divorce). The exception is when the document is lost, in which case it is reissued. Certificates can be issued an unlimited number of times.Example : A mother is required to confirm the presence of children in order to receive a pension benefit. Her child is an adult and lives abroad; there is no way to transfer the birth certificate. The mother will not be able to obtain this document even when applying to the registry office, but she may be given a certificate of the birth of the child. With it, she has the right to apply to the Pension Fund.
- Court orders confirming or changing familial relationships. These include decisions on establishing maternity and paternity, and adoption. At the meeting, the court considers direct and indirect evidence of kinship, and on its basis makes a decision that can be challenged.
- Expert opinion . Compiled after an examination to verify consanguinity. The analysis is carried out during the proceedings in court and is ordered by the judge in the absence of sufficient documentary evidence. However, the parties can also request an examination, for example, DNA analysis.
In addition to the above official documents, proof of relationship can be :
- Testimony - even if they are not reliably informed about the presence or absence of family ties, but based on what they saw/heard earlier they can draw any conclusions about this;
- Personal correspondence, notes;
- Photos and videos from family archives;
- Medical records and certificates, extracts;
- Certificates of family composition, house books;
- Other documents that can be used to determine the presence of a family relationship.
Reference! Information from these sources is considered indirect evidence. It is not enough to confirm the relationship, but it can be provided to the court as a basis for a claim to establish the fact of relationship.
Before you can prove your relationship with deceased people, you will need to collect a whole set of documents . It depends on who the deceased is :
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- Parents – their passports, birth certificates (parents and child applicant);
- Spouse – marriage certificate;
- Grandmothers/grandfathers – birth certificates of father (mother), grandmother (grandfather) and the applicant, their passports;
- Sisters/brothers – birth certificates of the brother/sister and the person applying.
If relatives or persons wishing to confirm kinship have changed their names and surnames throughout their lives, this fact must be documented. To do this, along with other documents, you must provide a marriage certificate, a change of surname, first name (depending on the basis for the change in data).
Important! When documents confirming relationship with the deceased are presented to obtain property rights, they will need to be supplemented with a death certificate.
Primary heirs
The legislation determines that the inheritance is transferred either to the persons to whom the will is made, or to close members of his family. These include:
- spouse;
- children;
- parents.
In some situations, the first priority applicants include the grandchildren of the testator. They can claim their rights instead of their parents. But the heir established in turn must die by the time the inheritance is opened.
The estate is divided equally among the first-priority heirs. The only exceptions are grandchildren, who share the share due to their deceased parent. If there is at least 1 direct heir, the heirs of the second stage do not receive anything. After all, if the representative of the first line of inheritance does not have to divide the inheritance, then he inherits it in full. But in certain situations, the right to a share in the inheritance passes to representatives of the next line. These include parents' parents and brothers (sisters). Children of brothers (sisters) inherit if their parents die before the opening of the inheritance.
Situations when it is necessary to confirm relationship
There are many situations when it may be necessary to confirm family relationships. Among them:
- Receiving an inheritance from a deceased relative;
- Organization of a funeral (burial, registration of a related burial, compensation for the costs of this work);
- Filing claims in court ;
- Registration of social benefits;
- Confirmation of citizenship and obtaining a residence permit in Russia;
- “Preferential” conclusion of a gift agreement (without having to pay a state fee).
Attention! The list is not closed, but contains some of the most common situations requiring confirmation of a family relationship.
The most popular reason that forces citizens to prove kinship is inheritance . When the deceased did not leave a will, his property is transferred to the heirs “by law” - parents, children, spouse and others in order, according to the current rules. To enter into inheritance rights, relatives must submit documents confirming their relationship to a notary.
The second most common reason is establishing paternity . It must be confirmed in order to collect alimony from the child’s father and to be able to inherit from the father even if there is a will.
In what case does the second line inherit?
Heirs of the 2nd stage have every right to assert their claims in several cases.
- the heir under the will decided to refuse inheritance, but there are no primary heirs, or they abandoned the property of the deceased;
- there are no priority claimants, or they have renounced their claims upon inheritance by law;
- the heir under the will is recognized as unworthy, there are no direct heirs or they refused to enter into the inheritance;
- the heir of the first stage is recognized as unworthy by law, there are no other heirs of the first stage.
That is, the main condition is the absence or refusal of applicants from the previous line of inheritance. But to claim his rights, the heir will have to confirm the relationship and its degree.
Where and how to get the necessary papers
If the document is not in hand, it is very tattered or has errors, then the citizen can contact the registry office . It is possible to submit an application in one of the following ways:
- By visiting the establishment in person;
- Through MFC;
- Using the State Services website (if you have an authorized account).
Then the citizen pays the state fee , submits the application and receives the papers again . The period within which the authorities will issue a document confirming the relationship depends on the method of application:
- If you visit in person, you can receive the paper on the same day ;
- If the applicant submitted a request for re-issuance of certificates to the MFC , then he will be able to pick them up within 3 days ;
- When submitting an application online on the State Services website, more than a month for the requested documents .
Reference! The registry office is contacted when you need to obtain certificates for relatives. Then, along with the main package of documents, a power of attorney is submitted. If a certificate is required in the name of a deceased relative, then the power of attorney is replaced by a death certificate.
The same institution issues certificates of marriage and birth. If you need to receive a certificate containing information about another person, you need to confirm your relationship with him.
A court settlement is a last resort to obtain a document proving the fact of relationship. The procedure for appeal is established by Article 265 of the Code of Civil Procedure of the Russian Federation :
- The application is submitted only after a corresponding request has been made to the civil registry office;
- The result of applying to the registry office is a refusal due to the lack of information certifying the relationship.
If this condition is met, the judge accepts the case for consideration. In the absence of significant evidence of family relationships, the court may order the collection of extracts from archives, hear testimony from witnesses, and conduct a genetic examination. After the court makes a positive decision, the resolution can be used as an official document - a certificate of relationship.
Arbitrage practice
The decision that the judicial authority will make depends on how accurate, complete and convincing the evidence presented by the applicant was. Judicial practice suggests that most cases are resolved in favor of the applicant if the purpose of his appeal to the court is reasoned and the evidence presented is sufficient to confirm the required legal fact.
The decision of the judicial authority may contain not only the fact of recognition of the degree of relationship, but also legal consequences. For example, a resolution may indicate that a particular citizen has the right to enter into inheritance rights.
The decision taken comes into force immediately after it is made and becomes generally binding for everyone. However, if someone does not agree with the verdict of the judicial authority, he has the right to appeal it to a higher authority.
If difficulties arise, please seek legal advice. You can get free legal assistance on our website. in a special window.
Now you know why it is necessary and how to establish a relationship through the court to receive an inheritance. This procedure is a special proceeding, so no court hearings are held. There is a simplified scheme, but it can also involve various difficulties. It is advisable to resolve issues related to inheritance with a lawyer.
Results
The law provides for confirmation of kinship in several ways: by submitting existing documents and through the court. The main documents for establishing this fact are birth certificates, marriage certificates, and death certificates; expert opinions and court decisions. Witness testimony, archival materials, and personal written sources are used as indirect evidence.
If you do not have the necessary documents on hand, you must contact the registry office. A negative response from the authorities is the basis for certifying the fact of relationship in court.
The purpose of confirming family relationships
When entering into an inheritance, it is necessary to prove the existence of a family relationship between the recipient and the deceased owner.
When inheriting by law, obtaining a share in property is possible only after confirmation of blood ties. If the necessary documentation is missing, the notary will refuse to accept the application and issue a certificate of inheritance rights.
When registering the property of the deceased under a will, the lack of family ties will not prevent you from entering into an inheritance. However, the citizen will have to pay the fee in full ( 0.6% of the amount of inherited property). While heirs of the 1st and 2nd stages pay 0.3%.
