The statute of limitations in inheritance cases is the period of time during which interested parties can challenge their violated rights in court on issues of distribution of inheritance. The basis for filing a claim in court arises after the time allotted for consideration of the inheritance proceedings ends.
This period is six months and begins to count from the next day after the death of the testator (or the entry into legal force of a court decision recognizing the citizen as deceased).
Deadline for registration of inheritance
Not everyone is aware of the legal requirements for the inheritance registration procedure. Some turn to a notary within 6 months.
Others believe that it is necessary to accept an inheritance six months after the death of an individual. To avoid confusion, let's consider the existing methods of entering into rights - law/regulation.
Having a will gives a certain advantage to the heirs. Usually the order contains a list of property, the range of applicants and the size of their shares.
The order is drawn up for one or more applicants. And not necessarily from among relatives. The beneficiary can be an individual, an enterprise, or a government agency. The order can be open or closed, simple or conditional. However, regardless of the form and essence of the administrative document, the period for accepting an inheritance under a will is 6 months (Article 1154 of the Civil Code of the Russian Federation). Otherwise, the heirs will lose their advantage.
Sometimes recipients may accept property under both will and law. For example, if other applicants refuse or the heir under the will joins the succession line.
The period for accepting an inheritance by law is also 6 months (Article 1154 of the Civil Code of the Russian Federation). The rule applies to priority beneficiaries. If the testators had children, parents, or a spouse, then they are given the right to claim the property of the deceased. In their absence, the right is transferred to the heirs of the second priority.
In case of notarized refusal of the first-priority recipients, the future applicants accept the property after six months. If the priority heirs simply did not accept the property, then the next legal successors can submit papers within 3 months .
Concept and purpose
The transfer of rights to the property of the deceased is carried out on the basis of his will or by law if there is no will. The law prescribes a specific algorithm for the distribution of inheritance by kinship.
According to the law, relatives have the right to inherit property; they are divided by law into categories according to the degree of relationship in relation to the testator. According to the will, anyone can receive the inheritance.
There is a special category of citizens who receive a mandatory share of the inheritance upon acceptance, regardless of whether they are mentioned in the will or not. We are talking about the children of the deceased: marital, illegitimate, recognized and unrecognized (if the fact of paternity is documented). The transfer of property is carried out by a notary between the participants in the notarial case who have officially declared themselves.
After the death of the testator, relatives claiming property rights write applications to be recognized as heirs. Within 6 months, the notary reviews the inheritance case, if necessary, requesting additional documents confirming the family relationship with the deceased.
Reasons for missing deadlines
The main reasons for late acceptance of inheritance
| No. | Cause | Comments |
| 1 | Lack of direct contact with the testator | Often relatives do not communicate with each other due to long-standing grievances or personal hostility. Sometimes the reason for lack of contact is distance - living in different regions or different countries. |
| 2 | Living or studying abroad | One option is a foreign business trip. A long stay outside the country does not always allow you to find out in a timely manner or take the necessary actions to accept property. |
| 3 | Long-term treatment | The heir may undergo long-term inpatient treatment. For example, with an open form of tuberculosis or in a psychiatric clinic. |
| 4 | Serving a sentence in prison | This is a fairly common reason for missing deadlines. However, sometimes courts refuse to satisfy plaintiffs' claims. |
| 5 | Acceptance of inheritance after the fact | Often, relatives of the testator submit an application after the allotted period has expired. If they cannot provide conclusive evidence of actual acceptance of the property, they will have to go to court. One of the points of the claim is a request for an extension of the deadline. |
| 6 | Concealment of a will by relatives | The testator can deprive family members of their property and assign it to a third party. However, if he does not hand over the will during his lifetime, then the relatives may subsequently hide the document from the applicant. |
| 7 | On the day of death of the testator the applicant was a minor | Typically, legal representatives act in the best interests of children. However, they may not always know about the existence of an inheritance. If a child, after reaching adulthood, becomes aware of a violation of his rights, then they can be restored through the court. The exception is the situation when a citizen deliberately did not enter into an inheritance in order to receive other material benefits. |
| 8 | Military service | The court will accept military service as a valid reason if the citizen served in another city and could not transfer authority to a representative. |
To restore the deadline, you must go to court (Article 1155 of the Civil Code of the Russian Federation). However, the law does not establish a list of reasons that will be considered valid.
When making a decision, the court proceeds from the specific situation. The burden of proof lies with the applicant.
The process to reinstate the deadline is complex. Therefore, it is advisable to hire a competent lawyer.
Factors that force recovery
The heir is not deprived of the right to receive a share of the property of a deceased relative if he does not appear before the notary in due time to declare his rights. Restoration of rights can be achieved through the court by writing a statement of claim and submitting documents confirming that its absence was caused by good reasons.
Certificates of acceptance of inheritance that have been issued are invalid. The entire inheritance mass is distributed anew, taking into account the emergence of another applicant.
The legislation does not provide an exact list of factors by which it is possible to restore rights, but during the consideration process the court may satisfy the claim if there are good reasons:
- It was not possible to obtain information about the death of a relative.
- Lack of information about inheritance.
- Long-term illness, stay in a coma.
- Living in another country.
- Staying in places of detention.
Regardless of the reasons for the absence of heirs, the court considers each specific case subject to the provision of accompanying evidence in the form of official certificates, confirmations, eyewitness accounts and other things.
What does entering into an inheritance actually mean, read the article “How the procedure for actually entering into an inheritance is carried out.” Is it possible to refuse an inheritance? The answer is here.
Shift of base dates
In addition to basic situations, the law contains a description of non-standard cases.
Grounds for shifting deadlines
| No. | Base | Comments |
| 1 | Death of an heir | If the heir dies during the paperwork process, the succession passes to members of his family. The time limit for submitting an application to a notary will be calculated based on the remaining time until the completion of 6 months from the date of death of the owner. |
| 2 | Presence of a conceived child | In fact, the deadline for issuing a certificate is shifted by no more than 3 months. The birth of a child is the basis for including him among the heirs. Even if the testator assigned the property to other persons, the minor child is entitled to an obligatory share. |
| 3 | Actual acceptance of ownership | The beneficiary can submit papers at any time. The only condition is that the applicant must provide papers that indisputably confirm the acceptance of the property. If he cannot justify the actual entry into the inheritance, the notary will not issue a certificate. The applicant will have to prove his case in court. |
| 4 | Agreement between heirs | The law does not establish fixed deadlines. If the applicant can agree with his relatives to include him among the recipients, then the law allows him to cancel the certificate, recalculate the shares and issue new papers to the participants. The basis for resumption of the inheritance case is the written consent of the heirs. |
Example. If the applicant died after 2 months , then his heirs submit an application during the remaining period. If the applicant died after 4 months , then the time frame for registering the inheritance increases. The heir's relatives are given another 3 months .
Rubric “Question/Answer”
Good evening! I have a question about inheritance. 15 years ago my father passed away, at that time he was divorced from my mother and married to another woman. The inheritance was divided among three people: wife, mother and daughter (that’s me). Now it turned out that my wife at that time hid from everyone the existence of a dacha in my father’s name. What are my chances in court?
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
The notary issues certificates for the property that was identified during the opening of the inheritance. Of course, something could be hidden. If, after the issuance of certificates of the right to inheritance, undistributed property of the deceased was discovered, the heirs can contact the same notary with an application for the issuance of an additional certificate of the right to inheritance . Based on the requests, the notary issues them (clause 2 of Article 1162 of the Civil Code of the Russian Federation). It happens that a notary refuses. Then the only option left is with the court - to file a lawsuit to declare the previously issued certificates invalid. Please note that invalid and not insignificant are different grounds!
There is also a chance to recognize the wife of the deceased as an unworthy heir - by virtue of Art. 1117 of the Civil Code of the Russian Federation. However, to do this, you need to prove the fact of malicious intent - an attempt to deliberately increase your share, and in some cases - to establish the theft or outright theft of the dacha. Then you will have to file a statement with the police, and then go to court and recognize the testator’s wife as an unworthy heir.
After the death of his parents, he inherited a house. Our four children are heirs. Three of them entered into inheritance. The fourth was notified of the opening of the inheritance, but for some reason he never took over his share. Four years have passed, and things are still there. What can we do with the remaining “in the air” share if the fourth heir never takes over the right of inheritance?
Expert opinion
Dmitry Nosikov
Lawyer. Specialization: family and housing law.
If the heir was notified of the opening of the inheritance, but he did not enter into his rights, the refusal of the inheritance is counted. The remaining applicants receive certificates of the right to inheritance. Since three people have joined, the house becomes common shared ownership - ⅓ shares each. If 4 years have passed, then the statute of limitations has expired - it is no longer possible to challenge the order of inheritance. True, there is a risk that the fourth heir will take advantage of the 10-year period. However, in this case he has little chance. We'll have to collect compelling arguments. If you sent a notification to the official residence (registration) address, then everything is in order. The place of residence of a person is considered to be his place of registration. He must receive incoming correspondence there. I recommend keeping the receipt of the notification just in case.
At the age of seven, the child’s father dies; according to the law, he had a certain share in the inheritance. But upon reaching adulthood, he did not formalize the inheritance; now he is 33 years old. Is he still the heir?
Expert opinion
Semyon Frolov
Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.
Children who are under 18 years of age at the time of opening the inheritance enter into inheritance with the help of their legal representatives . If a child’s father died, but his mother remained, she acts as his legal representative - by virtue of clause 1 of Art. 64 RF IC. Or, if there are guardians (for example, a grandmother), with their help. Legal representatives undertake the responsibility of filling out the application on behalf of minors - up to 14 years old, or are present at the notary if the child is 14 years old - in this case, he signs independently (see “Entering the inheritance of minor children”). If a child misses the 6-month deadline for entering into an inheritance, he will not receive the property. If the heir is now 33 years old, then 15 years have already passed since he came of age. There is a gap in the 3-year and even 10-year period for protecting one’s rights . He is not entitled to the property of his deceased father. The exception is the actual acceptance of the inheritance, i.e. living in an apartment, paying bills, protecting property, etc. Then you have to file a claim for actual acceptance of the inheritance. But again, all the deadlines have been missed, it will be difficult.
Calculating the limitation period is difficult.
Sometimes a matter is so complicated that it is necessary to raise judicial practice, compare articles of law, and establish additional features. Very often, heirs incorrectly interpret the concept of “limitation period”. For example, it is confused with the restoration of missed deadlines. It happens that the case involves concealment of property, ignorance of inheritance, unworthy heirs, dependents... To find out exactly the terms and time for challenging evidence, contact the lawyers of our website. They will tell you what the deadline for entering into an inheritance is, what to do if you miss it, and how to protect yourself from the claims of potential heirs. Consultation is free and 24 hours a day - contact us for help! Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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Author of the article
Irina Garmash
Family law consultant.
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Is there a statute of limitations for entering into inheritance?
The statute of limitations for entering into an inheritance is 6 months . Upon expiration of the period, the recipient loses the opportunity to acquire the property of the deceased. The right is transferred to the next recipient.
In the absence of relatives, spouse and dependents, the right to accept the property of the deceased owner is transferred to the state (escheat).
If heirs are identified after the specified period, the recipient must confirm his rights in court. A claim may contain one or more claims. For example, I ask you to extend the period for accepting an inheritance and/or recognize ownership.
If the allotted time is missed
The Civil Code stipulates a long period for the emergence of new claimants to the property of the deceased. There are times when these deadlines may be missed. A person who learns about an inheritance cannot immediately appear to declare his rights for objective reasons. The legislation allows the resolution of the inheritance issue in court, even if the time provided by the Civil Code has been lost.
When can the court extend the period?
A citizen who learns that he is entitled to an inheritance, after the expiration of the 10-year period established by law, can file a lawsuit in order to prove that his rights have been violated.
Such applications are considered by the court in a special procedure. The judge to whom the case is transferred checks the compliance of the format of the application and its content with legislative norms, and the composition of the attached documents. If no claims arise against them, he sets a date for consideration of the case.
At the same time, a request is made to the notary office where the inheritance case was formed. This is necessary to ensure completeness of information on the essence of the issue under consideration.
During the process, the circumstances due to which the heir did not declare himself and the reasons that prompted him to do so are clarified. Only the court determines the true validity of the applicant's arguments. If they are found to be valid, the inheritance case is subject to review, regardless of how many years have passed since the death of the testator.
How to restore the right
Based on Article 1072 of the Civil Code, the court restores the missed limitation periods and adds the citizen to the list of heirs if the following conditions are met:
- The deadline was missed for objective reasons.
- There is an evidence base in the form of documents confirming the rightness of the applicant.
- The citizen filed a claim no later than six months after he learned that he was entitled to an inheritance or after the reasons that prevented him from filing the claim had disappeared.
All certificates of ownership of the testator’s property issued earlier are canceled, and the distributed property again becomes the common inheritance mass. The court determines measures to protect the newly-minted heir and includes him among the legal successors.
The only condition for a fair judicial verdict is a solid evidence base explaining the reasons for the citizen’s absence when opening an inheritance case.
Having recognized the right of the new heir, the court re-determines the shares due to each. There are many nuances to the distribution of property after restoration. For example, if there were no heirs other than him at any level, then all the property went to the state. In this case, the defendant is the local municipality. He is obliged to return to the citizen the property due to him.
Why you need a certificate of inheritance, read the article “How to draw up and receive a certificate of inheritance.” Find out how to search for an inheritance here.
Where to contact
After the death of a citizen, heirs can find out whether he left a will on the distribution of his property. An official will is drawn up in a notary's office at the place of residence of citizens, so the heirs can easily find out about its contents from the notary. If the deceased relative did not have time to write it, then the property is distributed according to the law. The notary opens the inheritance case, and after 6 months, all heirs are issued a certificate of inheritance.
The authority that is called upon to resolve conflict issues between recipients of inheritance is the court.
A claim can be filed by:
- An heir who believes that his rights have been violated during the distribution of shares.
- Relatives who were not included in the will.
The court resolves all issues that the relatives were unable to resolve peacefully, acting on the basis of legislation and taking into account only real documents confirming the validity of the statements of the offended relatives.
Drawing up an application
Applications for restoration of the right to inheritance are considered by the district court. In the application, the citizen must describe the reasons why he did not attempt to declare his rights to inheritance in a timely manner.
Information that must be provided in the claim:
- The date of receipt of information about the death of the testator.
- About the reasons for the absence of a relative at the time of death.
- Reasons why the applicant did not claim the inheritance.
- What are the grounds for challenging a will?
- Links to articles of legislation according to which he has the right to challenge an inheritance case.
The plaintiff petitions to restore the statute of limitations from the moment he learned about the death of a relative or about the inheritance due to him. He prescribes a list of documents that he submits for consideration by the court. On their basis, the evidentiary basis of the claim is built.
It is preferable if a probate lawyer takes part in drawing up the claim. He will be able to correctly advise which legislative acts need to be referred to in a particular situation. The application must present only real facts that have become an obstacle for the plaintiff to participate in a timely manner in the procedure for distributing the inheritance.
Judicial process and procedure
An appeal to the court begins with writing an application to restore the statute of limitations, attaching documents confirming the facts stated in the claim. The application is registered in the court office, and from that moment it goes to the judge. He considers the correctness of the claim and the availability of all necessary documents. Having delved into the essence of the case regarding the restoration of terms in relation to the newly emerged heir, the judge sets a date for the trial.
The court requests an inheritance file, on the basis of which the declared heirs have received the official right to accept a share from the inheritance mass. The essence of the trial is to find out whose fault it was that the heir was not informed about the death of the testator or to confirm that there is significant evidence of his absence.
If there is insufficient documentary evidence, the court may call witnesses to the hearing. As a result, the court must decide on the legality of the citizen’s claims to a share in the property of the deceased or refuse to satisfy his claim. If the decision is positive, the heir’s further actions are to register the assigned share in Rosreestr and obtain a certificate of ownership legally. If the court does not consider the evidence provided sufficient for a positive verdict, the plaintiff can challenge its decision in a higher court.
What is the statute of limitations for entering into inheritance?
The general statute of limitations is 3 years . The countdown begins from the moment the citizen became aware of a violation of his rights.
The maximum limitation period is 10 years from the date of death of the owner. If a citizen learns of a violation of his rights after the expiration of the period, the court will refuse to satisfy the demands.
Example. The plaintiff went to court. The woman asked to extend the period, recognize ownership of part of the property and cancel the certificate. Facts of the case: After the death of the testator, the inheritance opened. He was accepted by the daughter of a deceased woman. The plaintiff knew about the death of the testator and was at the funeral. But she did not declare her rights within the allotted time. The woman went to court almost 2 years after her mother’s death. The plaintiff believed that the testator left a will in the name of her sister. That's why I didn't apply. She also lived remotely from her mother and was periodically ill. Court decision: The court regarded the arguments presented as untenable. The court of first instance rejected the claim. The woman filed an appeal. The panel of judges rejected it too. (Determination of the judicial panel of the Supreme Court of Komi dated 04/09/2012 No. 33-1294 AP/2012).
There are special requirements regarding missed deadlines. An application for their restoration must be submitted within 6 months after the citizen learned of a violation of his rights.
The countdown begins from the moment the reason for the omission disappears. For example, if the beneficiary was on a business trip abroad, then the calculation of the time period begins from the day of crossing the Russian border. The heir will need to provide documents to the court confirming the date of departure and return to the country.
Deadline for accepting inheritance
The limitation period for inheritance cases depends on the reasons for which the citizen did not timely declare his claims to the inheritance. Thus, the procedure for receiving property after the death of a close relative implies that the potential heir must independently contact a notary operating in the area of residence of the testator with an application to open an inheritance. Such a statement is evidence of a voluntary initiative to become the owner of property. Each heir must apply independently and collective applications are not allowed.
Next, the necessary documents are collected, on the basis of which the notary checks the legality of the transfer of property to a specific applicant, and also prepares a resolution to enter into inheritance rights. If within six months from the date of death of the testator the potential heir has not submitted an application or has stopped the procedure for preparing documents, then the lawyer regards this as a voluntary renunciation of property. Therefore, all claims to inheritance are lost.
If the failed heir wishes to accept the inheritance, then you need to take into account the statute of limitations and contact the local branch of the court. Such disputes are subject to consideration in the magistrate's court at the place where the inheritance case was opened. The petition must contain a detailed description of the reasons that influenced the missed legal deadlines. Depending on whether the reasons were compelling will determine whether the judge will grant the request.
Limitation period for inheritance of real estate
The law does not contain significant differences by type of property. When filing an application, the general/special limitation period is taken into account.
The choice of legal norm depends on the life circumstances of the heir. If the applicant missed the deadline due to a long illness or business trip, then the papers must be submitted within 6 months after recovery or end of the business trip.
If the recipient becomes aware of a violation of his rights, then he can file a claim within 3 years . For example, if the relatives of a deceased subject hid information about the existence of a will from the applicant and accepted the inheritance in his place. The presence of evidence is the basis for restoring the terms and canceling the certificate issued to him.
If the applicant has accepted the property after the fact, then there is no specific statute of limitations. In this situation, the citizen does not restore the deadline for accepting the inheritance, but establishes the actual acceptance of the inherited property (Article 1153 of the Civil Code of the Russian Federation).
The legislative framework
The statute of limitations begins when a citizen learns that he is entitled to an inheritance or should have known about it. The period is 3 years. If the heir did not know about the inheritance matter at that time, this does not mean that his right to the testator’s property is lost. Regardless of the period of application, the heir who has valid reasons for his absence has the right to a part of the inheritance. The reasons for his absence must be documented.
In the Code of Civil Procedure Art. 196 introduced an amendment to the statute of limitations, according to which the limitation period is limited to 10 years.
