Can a minor child refuse an inheritance - refusal of an inheritance by a minor

Is it possible to refuse inheritance to a minor child?

An inheritance that opens up is not always attractive to successors.

There may be many reasons:

remote living;
lack of money to pay the fee;
reluctance to enter into a dispute with family members of a deceased citizen;
presence of debt on loans.

The heirs have the right to refuse the property assigned to them without giving reasons. However, the rule applies only to adult citizens.

The procedure for filing a waiver application for children is slightly different. Their interests are represented by parents/guardians (Article 64 of the RF IC). The reason for the refusal must be justified.

Important! Such decisions are made under the supervision of the guardianship authority. The main task of the executive body is to protect the property rights and interests of minor citizens.

Therefore, before submitting an application to a notary, the child’s legal representatives must obtain the consent of the district guardianship department at the place of permanent registration of the child. It is issued upon application of the legal representative.

Attached to it is a package of documents confirming the inappropriateness of the child entering into an inheritance. As evidence, you can attach a loan agreement and a loan repayment schedule.

When do guardianship and trusteeship authorities become involved?

Their consent is required in any case, even if the legal representative himself agrees with the refusal. This regulatory body performs several important functions at once:

study of life circumstances;
identifying contradictions regarding children's rights;
making final decisions in a given situation.

The decision is made only after careful consideration of the documents along with all related circumstances.

Further actions of the legal representative depend on what exactly the decision of the regulatory authority was:

if the refusal is allowed, then they are sent to the notary’s office;
if a negative decision is made, then all that remains is to agree with the inheritance.

Ways to refuse inheritance

The law protects the rights of minor heirs. Therefore, children and dependents necessarily receive a share in the inheritance, even if the testator has not protected their rights. Therefore, the child cannot refuse the inheritance by default.

Opt-out options

No.	Option	A comment
Without specifying a specific beneficiary	That is, absolute. The statement is of a general nature. The heir confirms in writing his unwillingness to accept the property. The abandoned inheritance is redistributed among the remaining participants. Property is divided in equal shares.
Refusal of inheritance in favor of another heir	The assignee may indicate in the application a specific entity to which he wants to transfer his part of the property. The only condition is that the applicant must be from among the legal successors called to inherit (Article 1158 of the Civil Code of the Russian Federation): • recipient of the inheritance line; • heir under a will.

It is not permitted to transfer property to next-of-priority relatives or third parties. Also, the law does not provide for a targeted waiver of the obligatory share.

Documentation

The list of documents generally consists of the following items:

a copy of documents on property that has become an inheritance;
a copy of papers confirming the right of inheritance. Usually it appears due to kinship or a previously drawn up will;
a copy of a certificate stating where the testator lived over the past few years;
a copy of the death certificate;
passport for a minor, if available;
passport of the person who is the legal representative;
statement of consent in connection with refusal. This is required if the child is ten years old or older;
statement from a representative of interests.

Important! Guardianship authorities must be sure that entering into an inheritance becomes a phenomenon that is contrary to the interests of the child. It is also important to provide papers that state the obligations transferred to the new owners of the property. This will reduce the likelihood of failure.

How to refuse an inheritance for a minor child

The application can only be made in written notarial form.

Options for submitting an application:

Personally by the legal representative (if the child is between 0 and 13 years old).
Personally by the child and legal representative (if the recipient is between 14 and 18 years of age).
By mail.
Through a trusted person.

When sending by mail, you must fill out an application at any notary office. The document must be certified by a notary. The envelope must include a list of the contents, copies of the documents of the child and the representative.

A minor aged 14 to 18 years can independently issue a power of attorney for any citizen, with the consent of the legal representative. To submit a waiver application, a notarized power of attorney will be required.

The application for waiver is submitted to the notary office at the place of residence of the deceased citizen. It must be submitted within the 6-month period for accepting the inheritance.

Procedure

Algorithm of actions in case of refusal of inheritance:

Written appeal to the guardianship authority.
Obtaining consent to renounce inheritance.
Preparation of documents for a notary.
Submitting a waiver application to a notary office.

The procedure for obtaining a decision from the guardianship department

The procedure for obtaining a decision from the district guardianship department varies depending on the region of application. The process is regulated by regional regulations.

The legal representative must undergo preliminary approval of the refusal with the executive authority. To do this, you must contact the guardianship authority at the place of registration of the child.

The application must be submitted in writing. The form is not established by law, so the form must be obtained directly from the department.

The document must contain a clear justification for the reason for the refusal. The child's parents or guardians must prove the inappropriateness of inheritance.

For example, provide evidence of an insignificant share of the inheritance or the presence of a significant loan debt. That is, it must be shown that accepting the inheritance will worsen the child’s financial situation.

The application is usually processed from 15 to 30 days . If there is a positive decision, the child’s representatives can begin preparing papers for the notary. A negative decision by the district guardianship office can be challenged in court.

Contacting a notary

When contacting a notary, the age of the child is taken into account:

If the heir has not reached the age of 14, then the application is submitted exclusively by the parent or guardian.
Children over 14 years of age must submit a waiver on their own. The only condition is the written consent of the legal representative.
If a minor between the ages of 16 and 18 is emancipated, then he can formalize a waiver of inheritance independently, without taking into account the opinions of his parents and the guardianship department.

Documentation

The following documents must be attached to the refusal application:

ID card of the heir's parent/guardian;
guardian's certificate and order appointing guardianship (if available);
birth certificate or passport of the legal successor;
evidence of the death of the testator;
an extract from the house register;
documents confirming the possession of property by the testator;
permission from the guardianship authority.

The list of attached documents may be significantly smaller if the inheritance case was opened at the request of another heir. For example, it will not be necessary to provide a death certificate of the testator and/or papers for the property belonging to him.

Application The waiver application must contain the following information:

Name of the notary office.
Information about the heir.
Title of the document.
The essence of the appeal.
Date of preparation of the document.
Applicant's signature.

Sample application for renunciation of inheritance

Expenses

Minor citizens are exempt from paying state fees when registering or renouncing an inheritance. However, legal representatives will have to pay the cost of notary services.

The amount of remuneration largely depends on the region of residence of the testator. The maximum cost of services is set by the regional notary chamber. You can check prices on the website of the Federal Notary Chamber.

Deadlines

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The application for waiver must be submitted within 6 months from the date of death of the property owner. The main document for calculating deadlines is the death certificate. If the deadline falls on a weekend (Saturday/Sunday), it is shifted to the first working day of the week.

The deadlines for accepting or refusing an inheritance also apply to minor citizens. If the notary becomes aware of the presence of minor heirs, he includes them among the legal successors.

Failure to timely submit a denied application may result in the need to accept the inheritance or separate legal proceedings. Is it possible to refuse after accepting an inheritance?

The law does not provide for the possibility of refusing an inheritance after its acceptance. However, when submitting an application to accept the property of the deceased, a refusal can be issued if 6 months have not passed from the date of death.

Relatives have the right to actually accept the inheritance. For example, if you lived together with the testator and continue to use joint property after the death of a family member.

The need to renounce inheritance may arise later. One of the grounds is the presentation of claims by the testator's creditors.

Important! A refusal can be filed only within 6 months after the opening of the inheritance. If the legal representative of a minor missed the deadline, then it cannot be restored.

Is it possible to withdraw a refusal application?

If a notary has officially registered an application for refusal of inheritance, it is impossible to change this decision. The contents of the document will be taken into account when determining shares in the property of other persons and issuing a certificate. Only the guardianship authorities and the prosecutor's office have the right to challenge a refusal application. To do this, the fact must be confirmed that the refusal was filed in violation of the property interests of the minor. If the court satisfies such a claim, the notary will be obliged to issue a certificate confirming his rights to the inheritance.

When opening inheritance proceedings, each applicant for property may not submit an application or issue an official refusal. For children, this right can only be exercised with the permission of the guardianship authority. A permit is issued if the property interests of the children are not violated, or the parents prove that other reasons are valid.

Deadline for registration of refusal

Do not forget that the period for registering a refusal, as well as accepting an inheritance, is 6 months ! This deadline must not be missed. If this suddenly happens, the parents will have to restore the terms in court. This will take at best two months. Only after the deadlines have been restored can you perform notarial actions - enter into an inheritance or write a waiver (Article 1155 of the Civil Code of the Russian Federation).

Read about how much it costs to renounce an inheritance from a notary in a separate article.

Minor heir

Children are the primary legal heirs to their parents' property. And it doesn’t matter at all...

the marriage union of the father and mother is registered, or the child was born out of wedlock;
the child lives with the testator parent or separately;
has reached the age of eighteen or is a minor;
whether the child is related by blood or adopted;
whether the testator is deprived of parental rights.

The main condition for receiving an inheritance is a confirmed relationship with the testator.

A child who has not reached the age of majority is legally incompetent. Full legal capacity occurs after the age of eighteen, but in some cases it may occur earlier - from the age of sixteen (for example, after registering a marriage, employment).

The state protects children from rash actions and loss of property that legally belongs to them. Everyone understands that age-related mental and physical immaturity does not allow minor children to independently make responsible decisions - for example, to enter into inheritance rights or refuse. But this does not mean at all that they cannot accept property or refuse it. This is possible if the conditions specified by law are met.

Payment

Any notarial act is accompanied by the payment of a state fee. To submit a written refusal of inheritance, you must pay 100 rubles. A receipt for payment of the fee is attached to the application. Notary services will cost another 500 rubles.

Additional costs will be required if the citizen actually accepted the inheritance. In this case, the recipient will have to initiate legal proceedings.

Detailed information about the cost of renouncing the property of the deceased can be found in the article: “How much does it cost to renounce an inheritance from a notary.”

Rubric “Question/Answer”

Can a child refuse his father’s inheritance not after his death, but while he is alive?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Refusal of inheritance is formalized only after its opening. The time of opening of the inheritance is considered to be the day of death of the citizen - by virtue of clause 1 of Art. 1114 of the Civil Code of the Russian Federation. The notary opens the case only upon the fact of such an event. Starting from the next day, the heirs can declare their rights to the property or refuse to enter into the inheritance. As long as the father is alive and well, there is no need to write a renunciation of the inheritance. The notary simply will not accept it. All legally significant actions occur after the death of the owner (see “Time and place of opening of inheritance”).

We arrange an inheritance for a minor child. Can he formalize part of the inheritance (apartment) and refuse the debts of the deceased?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

No, you can't do that. The law directly states that the heirs cannot refuse part of the inheritance and accept the second part (clause 3 of Article 1158 of the Civil Code of the Russian Federation). An exception would be inheritance for various reasons . For example, if a will is left in favor of a child and at the same time he enters into an inheritance by law. This also includes hereditary transmission - when an inheritance is drawn up in place of a deceased heir. Only in such cases can one choose: what to inherit and what to refuse? For example, you can waive debts by law, but inherit an apartment under the terms of a will (and vice versa). Or give up everything at once.

However, parents still need to notify the guardianship authorities. The PLO must issue permission to renounce inheritance - with this permission you can contact a notary.

The minor actually took over the property of his deceased father and did not have time to formalize the refusal. Is it possible to refuse an inheritance after accepting it?

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

Yes, there is a procedure for restoring the deadline for refusing an inheritance. I note that serious arguments are needed here. Something like “I didn’t have time” or “I was late”, “I didn’t know, so I missed it” will not work. But you can refer to real circumstances that prevented you from abandoning the inheritance in time. For example, if health problems arise : surgery, rehabilitation, mental disorders. Or physical absence : work trip, military service, difficulties with entry into Russia. The basis “we went on vacation with the whole family” will also not work. Just as you can’t refer to “headaches.”

If there are good reasons, you should file a lawsuit to restore the missed deadline. Indicate the reasons for the absence and support them with evidence (certificates, air and train tickets, medical reports, checks, receipts). The court will examine the circumstances and make a decision. Fortunately, there is positive judicial practice in such cases. If the decision is in favor of the plaintiff, he will only have to pick up the writ of execution and take it to the notary. After this, the notary will allow you to write a waiver of the inheritance and register it in the Unified Information System. Do not forget about permission from the guardianship authorities (see “Refusal of inheritance after its acceptance”).

Can a child refuse an obligatory share in the inheritance in favor of someone else, and do the guardianship authorities give permission?

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

Theoretically, refusal of the obligatory share is not prohibited by law. However, in this case it cannot be refused in favor of another heir. Everything is connected with the nature of the “obligatory share” - this is the property right of needy and low-income citizens (pensioners, children, dependents). This right cannot be given to someone else. Therefore, the waiver of the obligatory share is always unconditional . Not for anyone’s benefit, but an absolute refusal (Article 1158 of the Civil Code of the Russian Federation)

There is little chance that the guardianship authorities will allow such a refusal. Especially if the inheritance includes real estate (house, apartment, dacha). No one will deprive a child of valuable assets. And the obligatory share is, first of all, an opportunity to obtain profitable property. Here you need to look at the situation. But off the top of my head, most likely, the AOiP will not allow the child’s parents to renounce their obligatory share in the inheritance. They may approve if the inheritance consists of 70% of debts, there is a small share in it, or the child already has a high financial position (for example, his own apartment).

An inheritance involving children is difficult in itself.
And if minors write a refusal of inheritance, the situation is doubly difficult. Here you need to understand what is included in the property, is there any value in it, who else will inherit the assets, is there a will or a mandatory share? Very often relatives want to distribute the inheritance. This is why a refusal on the part of the child is needed. You need to know how to obtain permission from the guardianship authorities. Without their consent, the refusal will not be accepted. If you are at a dead end and don’t know where to start, seek legal advice. To avoid visiting lawyers’ offices, you can leave a request directly on our website. Legal consultants will study your issue, give recommendations and suggest the best solution to the problem. 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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