How to formalize a refusal of inheritance in favor of another heir and how much it costs at the notary

After the death of a person, relatives and friends have to solve problems related to the remaining property and obligations of the deceased. If a will is not drawn up, then inheritance will occur in order of priority. In the case of the presence of a testamentary document, according to the will of the deceased.

Sometimes a situation arises that the successor has to write a waiver of inheritance in favor of another heir. Receiving an inheritance is often associated with profit, although in reality this is not always the case. Along with real estate, vehicles and other things, the heir receives unpaid debts that are not covered by insurance.

This is because the amount of the liability is almost equal to or greater than the value of the property being received. The reasons for refusal are agreements with other heirs who somehow compensate for losses. In any case, all documents must be completed correctly and the procedure must be followed.

Is it possible to refuse an inheritance without entering into it?

Registration of inheritance is a voluntary act. Citizens can accept property or refuse it. The applicant has the right to renounce property rights without specifying the circumstances or in favor of another heir.

Relinquishment of part of the property in the general manner is not allowed (Article 1158 of the Civil Code of the Russian Federation). If one person is entitled to a whole apartment, then it cannot be divided into parts. The waiver must apply to the entire facility. However, the law makes an exception.

Example. If the applicant can accept the inheritance on several grounds (will, law or transmission). Such circumstances allow you to waive your rights on one or two grounds at once. If a person is entitled to 1/2 or 1/6 of the assets, then he can refuse his part

What is the situation with the obligatory share in the inheritance? The legislator prohibits redirecting property rights to another person (Article 1158 of the Civil Code of the Russian Federation). However, it is possible to completely abandon property.

Is it possible, in the presence of a will, to renounce property by transferring it to claimants by law? Refusal is permitted only in relation to persons included in the will. However, you don’t have to contact a notary. Rejection will occur by default. But then the inheritance will be distributed among all applicants in equal parts. If there is no will, then the restriction does not apply.

Refusal after filing an application for acceptance of inheritance

To enter into property rights, heirs must submit a corresponding application to a notary. The certificate is issued 6 months after the death of the testator.

However, if, from the moment of filing an application for acceptance of the deceased’s property and before the issuance of a certificate, the heir learns of the presence of large debts (mortgage or consumer loan), then he will be able to apply for a complete waiver of his rights. His part of the property will go to other claimants to the property of the deceased.

Also, after submitting the application, the recipient may refuse partially. For example, a citizen can transfer his right to inherit by law to other recipients. And he himself accepts property only by will.

Common Causes

Often, an inheritance is refused due to the significant debt left behind by the deceased. If its size exceeds the value of the inheritance, then it is simply unprofitable for the heirs to take on debts.

To do this, it is enough for recipients not to enter into their rights. This usually happens when the apartment is under mortgage. Therefore, the heirs need to not only repay the principal amount of the debt, but also interest and penalties for late payment, if it arose during the borrower’s lifetime.

Another reason is an agreement between relatives. For example, a brother does not need housing and wants to give his share to his sister. They go to the notary and submit an application. One is about entering into an inheritance, and the second is about renouncing your rights.

Sometimes relatives agree among themselves to buy out part of the property. For example, if one of them lived with a deceased person and is not going to sell the house or apartment. Then he can pay the value of the share to the potential heir. Consequently, the recipient of the compensation renounces his part in favor of the payer.

Such transactions are not provided for by law. However, in practice they do occur. If there is a trusting relationship between family members, then no problems arise. But, if in doubt, then it is better to formalize the acceptance and transfer of money in the form of a receipt.

But, if the recipient of the compensation refuses to write a waiver of the inheritance after receiving the money, then the second heir will have to go to court to get his money back. It is impossible to oblige someone to renounce an inheritance through the court. The basis for filing a claim is unjust enrichment (Article 307 of the Civil Code of the Russian Federation).

Important! If the receipt indicates the fact of receiving money for abandoning the inheritance, the court will refuse to satisfy the claim.

A similar situation may arise if one of the heirs promised to sell the property and later divide the proceeds equally. But, after registering the refusal of inheritance, he did not keep his word and changed his mind about selling the property. However, refusal to inherit completely deprives a citizen of his rights to the property of the deceased. Therefore, going to court in such a situation will not yield results.

Peculiarities

Refusal to inherit does not depend on the will of other persons and can occur regardless of their wishes. It lies in the reluctance of the heirs to enter into ownership rights in relation to the property of the testator.

Refusal of inheritance has the following distinctive features:

• it is drawn up in the form of a statement , which is submitted to the notary;
• it must be drawn up within the period established for accepting the inheritance;
• an application for refusal of inheritance can be submitted even after the heir has begun to use the property;
• refusal cannot imply special conditions: for example, the transfer to the heir of other property, instead of which he refused;
• in some cases, it is necessary to obtain permission from the guardianship authorities to issue a refusal.

Finally, the waiver is irrevocable and does not have retroactive effect.

Refusal of inheritance can have two variations:

1. Indicating the circle of persons who will receive the property of the refusenik.
2. Without specifying the citizens to whom the inheritance will go.

After signing the disclaimer, the heir loses his rights to the property, he is released from debt obligations (if any were inherited), and the property is distributed among other heirs.

According to paragraph 3 of Art. 1157 of the Civil Code of the Russian Federation, refusal of inheritance has no retroactive effect and cannot be subsequently revoked. Therefore, it is worth carefully weighing all the consequences of such a decision in advance.

Also, the heir will not be able to participate in the redistribution of inherited property in the future.

Methods

The following options for refusing inheritance are possible:

• default;
• by submitting an application to a notary to renounce the inheritance;
• by submitting an application to a notary to renounce the inheritance in favor of another heir.

The inaction of the heir is equivalent to a statement of refusal. A person loses the right to inheritance after six months. Moreover, the legal successor is exempt from paying the fee.

Another advantage of inaction is the possibility of restoring the deadlines for accepting an inheritance. The rule applies if there is strong evidence that the reason for absence is valid.

Refusal by default excludes the possibility of targeted transfer of property.

Submitting a written statement to a notary allows you not only to confirm your intention to renounce, but also to redirect the property to one of the legal successors. It is no longer possible to withdraw such a statement.

The application may only contain information about the refusal. In this case, the inherited property is divided equally among other claimants.

If the application contains a targeted refusal, then the citizen’s share in full passes to the legatee (Article 1158 of the Civil Code of the Russian Federation).

Kinds

In practice, two types of procedures are used, each of which is formalized by a notary. Let's look at them in detail:

• Absolute. The testator completely renounces the inheritance, without indicating the citizens in whose favor he is doing this. In the legal field, this type of waiver is called unconditional. It presupposes a certain outcome of legal events.

  Using the right of refusal, the testator redistributes his share to other claimants to the inheritance participating in its acceptance, equally and automatically.

  Read also:  Maternity leave early from maternity leave

  
  Kinds

• Directed. In such a situation, the testator enters into the refusal document specific persons in whose favor he decided not to take possession of the inheritance. The list of citizens participating in accepting an inheritance is not unlimited.

  Article 1158 of the Civil Code of the Russian Federation regulates the right to relinquish property in favor of citizens indicated in the written expression of will of a deceased citizen or persons in line of legal heirs.

  This means that the refusal in favor of Uncle Vasya’s friend will be accepted by the notary’s office only if this citizen has the right to enter into an inheritance legally or in accordance with the provisions of the will.

Scheme
After the transfer of property, you cannot change your mind and return your share of the inheritance.

Remarkable! You will have to pay an average of 500 rubles for a notary service.

However, not all notary offices require payment for drawing up an application. After the official renunciation of the inherited property, a document confirming this action is not issued. The notary registers the application in an electronic database containing information regarding wills.

Is it possible and how to refuse an inheritance before death during the life of the testator?

Cancellation is permitted only after the death of an individual. Moreover, it does not matter what exactly underlies the right of inheritance - a will or a law.

During life, the will has no legal force. For example, if there is a will, the owner of the property can safely sell it. Therefore, you can refuse the inheritance after the will has become valid.

As for refusing an inheritance, if there is no will, the same principle applies here. The testator's relatives (husband/wife, children/parents) cannot claim the property until his death.

The nuances of carrying out the procedure at a notary

To carry out legal procedures for an absolute or directed waiver of inheritance rights from a notary, you need to familiarize yourself with the following nuances:

• you can submit a refusal within 6 months from the date of occurrence of the legal facts that determine the emergence of inheritance legal relations;
• Only a mentally healthy person can write an application to renounce an inheritance;
• the citizen in whose favor you wrote a waiver of the inherited property also receives this right, but he will no longer be able to return the property to other heirs;
• the escheated part of the property is often sued in favor of the state;
• the property is irrevocably transferred to the state if the waiver is signed by the only heir;
• a refusal decision does not require special rules or written explanations.

After renunciation of inheritance rights, the notary is obliged to issue a certified receipt confirming the decision.

When refusal is not allowed

The legislator limits the rights of certain categories of citizens.

You cannot refuse property in favor of other applicants:

• to heirs under a will, if all property is assigned to a specific person;
• citizens who are entitled to a mandatory portion;
• persons who are designated by the testator as additional heirs. For example, in the event of the death of the main applicant or loss of property rights.

There is also no provision for a waiver with reservations or conditions. If after the death of a person no claimants to the property have been identified, then it is considered escheat and goes to the state. The state's refusal of inheritance is also not provided for.

In whose favor can a refusal be made?

The heir can assign his part of the property to one of the applicants in the corresponding queue. For example, the applicant is a first-degree relative. Consequently, he can transfer his part of the property to a family member (parents, spouse or child of the deceased).

If inheritance occurs by way of transmission, then a share of the inheritance can be assigned to one of the close relatives of the deceased successor.

If there is a will, the procedure for alienating property changes somewhat. The heir has the right to transfer his share to the applicant from among the citizens called to inherit. That is, to one of the legal successors under the will.

Is it possible to enter into an inheritance only partially?

The answer to the above question will be the same as in the case of abandonment of part of the property. It is impossible to refuse a share of property or accept only part of it, unless the heir is subject to an exception! Let us remind you that this is permissible when a person inherits simultaneously for different reasons.

By will

A situation of double inheritance is possible if the testator left part or all of his property to relatives. Then they are entitled to the property of the deceased both by virtue of the indication of his will in the will , and in connection with the call to inherit the corresponding order.

You can also bequeath your property to strangers or persons. They will either need to accept everything completely or reject everything completely.

Without a will

Partial acceptance of property (renunciation of it) without a will is also, as a general rule, unacceptable. Therefore, the heir will have to decide whether to accept everything due to him by law or refuse.

Refusal of a minor heir

To refuse an inheritance, you must have full legal capacity. By law, it begins at the age of 18.

The interests of minor citizens are represented by their parents or guardians. To participate in transactions related to the abandonment of the inherited property of minor citizens, guardianship authorities are involved (Article 1157 of the Civil Code of the Russian Federation).

Legal representatives need to prepare:

1. Declaration of waiver on behalf of the parent/guardian. A similar document is drawn up by a child if he is over 14 years old.
2. Passport of the legal representative and the child, if he has reached the age of 14.
3. Death certificate.
4. Certificate of the last place of registration of the deceased person.
5. Papers confirming the child's rights to inheritance.
6. Documents about the existence of a family relationship with the deceased person.

Important! The child's legal representatives must justify the reason for the refusal. It is advisable to provide additional papers (mortgage agreement, promissory note).

If there are legal grounds for refusal, the guardianship authority makes an appropriate decision. After which the legal representatives must contact a notary for further paperwork.

If the decision of the guardianship authorities is negative, then the parents/guardians will have to accept the inheritance in the interests of the minor child.

Sample of filling out the document

The structure of the text of the refusal petition was clearly formed during legal practice.

The components of the document are:

• name and address of the notary office;
• details of the heir (full name, registration or residence address);
• Name;
• the main part describing the situation and indicating the reason for the refusal;
• date and signature.

To the 1st State Notary Office, Moscow, Lavrentyevskaya St., 42 from Myasnoy Ivan Petrovichag. Moscow, Krasnopresnenskaya St., 45, Apt. 6

Application for refusal to accept inheritance

On March 12, 2021, citizen of the Russian Federation Veronika Ivanovna Maiskaya, born in 1945, who lived at the address: Vasilkovskaya St., 22, apt. 3, died. I am the grandson of this individual and have the opportunity to receive an inheritance from my grandmother by right of representation, since my parents died before the opening of the inheritance.

I declare my refusal to accept an inheritance in the form of an apartment at the above address due to my planned emigration to the USA in 3 months.

May 21, 2021 Signature

Declaration of renunciation of inheritance

Procedure and procedure

Interested parties should contact a notary at the place of residence of the deceased person or at the address of the location of the real estate that belonged to him. You can submit documents within 6 months.

You need to have your passport and documents confirming your relationship. Additionally, you will need a death certificate and documents confirming the existence of an inherited estate.

If the papers are in order, you will need to write a statement about a complete renunciation of property rights or transfer of property to another relative. The notary is obliged to explain the consequences of such a refusal. After filing an application, a person loses property rights.

Declaration of refusal

The main document is an application. It contains the following data:

1. Name and address of the notary office.
2. FULL NAME. applicant.
3. Document title.
4. Testator's details.
5. Notice of refusal.
6. Indication of the recipient of the refused share (if the refusal is targeted).
7. Date, signature of the applicant.

What documents are needed from a notary to renounce an inheritance?

List of documents for refusal of inheritance:

How much does it cost to renounce an inheritance from a notary?

The state fee for performing notarial acts is 100 rubles. (Article 333.24 of the Tax Code of the Russian Federation). The cost of notary services will cost an additional 500 - 1000 rubles.

The cost varies depending on the region of circulation. The exact amount of technical and legal services of a notary can be clarified on the website of the Federal Notary Chamber.

Application deadlines

The renunciation of the inheritance must be made before the actual issuance of the certificate, within six months from the date of death of the testator. Once the certificate is issued, the property cannot be abandoned.

From the moment a citizen receives a certificate, he is vested with property rights over the property of the deceased and is responsible for his debts.

What to do if you have already inherited

After the expiration of the period for entering into inheritance, refusal is impossible (Article 1157 of the Civil Code of the Russian Federation).

The exception is the situation when the deadline for entering into inheritance has not expired. The recipient of the property has the right to refuse the inheritance at any time, before the expiration of 6 months. Moreover, even if he previously filed an application for acceptance of the inherited property.

In the case of actual acceptance of the inheritance, refusal is possible before the issuance of a certificate of inheritance rights. But only in court.

If he has already entered into an inheritance, then he needs to register his ownership.

To do this, the interested person needs to contact Rosreestr. To register movable property, you should visit the traffic police department.

The received inheritance can be transferred only by re-registering the property or its share in the name of a specific person.

Important! If the debt obligations of the deceased are discovered after receiving the certificate, refusal of the inheritance is no longer possible. However, the recipient is liable solely to the extent of the received share of the property.

After 6 months

Refusal after six months is carried out through a judicial authority.

To implement this action, it is important to take into account a number of conventions:

• The court must recognize the circumstances that prevented the person from taking possession of the inheritance within the period established by law as respectful and objective.
• The citizen who became a legal claimant to the inheritance was not aware of the possibility of taking advantage of the refusal due to certain circumstances.

To restore the deadline, a citizen who has a legal interest must file a claim with the judicial authority at the place of registration of the deceased or at the actual location of his property.

In addition to the claim, the interested party must provide the court with evidence. Here we are talking about documented, substantiated evidence of the circumstances on the basis of which the applicant requests to restore the deadline.

What is a partial failure?

Not everyone wants to receive the inheritance in full. Since, in addition to the opportunity to use the inherited property, the heir burdens himself with the obligation to maintain it.

According to the rules of law, it is impossible to renounce part of the inherited property of the deceased. However, the law allows for a number of exceptions to these rules.

The heir may partially renounce the property of the deceased if he is called to inherit both legally and by the notarized written will of the deceased.

In such a situation, he chooses one of the inheritance options, or submits two at once: the first by will, the second by law.

Consequences

The main consequence is the loss of the right to inheritance. The abandoned property is divided in equal parts among the remaining applicants.

But, if the refusal was targeted, then the property goes to a specific person. Let's consider several life situations.

Example. Upon the death of the testator, the inheritance was opened. Its composition is a house in a village. The claimants to the inheritance are a spouse and two children. Each was entitled to 1/3 of the property. However, the eldest son lived separately from his mother. The young man abandoned the property by default. The widow and youngest son claimed their rights. The property was divided equally between them. The heirs each received ½ of the house.

As you can see, the inaction of the heir led to an even redistribution of shares between the remaining contenders.

Example. After the death of the copyright holder, the inheritance opened. The object of inheritance was a house in the village. The claimants to the property are a wife and two sons. Each was entitled to 1/3 of the housing. The eldest son decided to renounce the inheritance in favor of his mother. He lived in another city, so he sent the application by mail. The testator's wife and youngest son asserted their rights. The identified property was divided among the heirs. The widow got 2/3 of the house, the son - 1/3.

A targeted refusal of inheritance leads to an increase in the share of a specific legal successor under the law/will.

If there is an order, the consequences of refusal may be different. For example, if a sub-heir is specified in the order, then the property goes to him.

If a loan was issued to the testator, then the obligations under it pass to the legal successors.

Creditors have the right to make claims against the heirs within three years.

The legacy of a missing person

The question of accepting or abandoning the property of the testator can arise only after his death. In this case, the fact of the death of the testator must be officially confirmed. If a person disappears, then there are no grounds for inheritance.

According to the law, a missing person can be recognized by the court as missing. This is possible when there has been no information about him for a year. Material assets belonging to such a person, if necessary, are transferred for safekeeping and trust management to other citizens.

If the missing person never turns up, then after five years he can be declared dead. The court decision that has entered into force is the basis for issuing a death certificate. The consequences of recognizing the testator as deceased will be the same as after his ordinary death. The date of death established by the court is considered the date of opening of the inheritance. Further, the procedure for accepting or refusing it is carried out as usual.