Application for establishing the fact of family relations with the deceased for inheritance, sample 2021

Many people in life have a need to establish the fact of family relationships.

For example, a person claims an inheritance, but he does not have documents confirming family ties with the deceased person or with other members of his family.

Then the problem will be solved by filing an application to establish the fact of relationship with the deceased, submitted to the court.

We prove relationship through court

In order to go to court with an application, the subject of which will be the establishment of kinship for receiving an inheritance, a necessary condition is the impossibility of obtaining the relevant information through the registry office.

It’s good when all relatives are located in a straight line.

However, when it is necessary to prove the relationship between cousins or second cousins, then the situation is much more complicated.

It is necessary to collect all possible documents on relatives of each line.

For example, you may need birth certificates from fathers and mothers, grandparents, and cousins.

In addition, marriage certificates of common relatives can serve as evidence. The testimony of witnesses should also not be discounted.

Establishing paternity in court also fully falls under the recognition of family relationships. It is necessary, first of all, for the subsequent award of alimony.

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When it is necessary to confirm kinship with the deceased, it is advisable to meet the six-month deadline. This is the period allotted for accepting an inheritance. Otherwise, litigation may drag on for a long time.

Further actions of the heir

After the court makes the appropriate decision, the applicant for the right of inheritance must contact the registry office to make amendments and changes, according to his application.

The legislation of the Russian Federation regulates these actions in Article 71 of the Federal Law No. 143-FZ. The application, with the court decision attached to it, is considered within one month, and only after that a new document is issued.

You can safely contact a notary office with this document and an application for acceptance of the inheritance. Now all that remains is to formalize the ownership of the property.

There is no need to recognize the right of inheritance if, when submitting an application to the court, the petition was recognition of this right. In this situation, all that remains is to contact Rosreestr or the MFC to register ownership of residential real estate or the traffic police to register ownership of a car.

Features of establishing actual family ties

Since this category of cases should be considered as a special proceeding, an application is submitted to establish the fact of paternity and family relations.

The parties to it will be the initiator of confirmation of these circumstances and interested parties.

For example, when the dispute is about the property of the deceased, then the remaining heirs of one or another line will act as such.

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If establishing a relationship is necessary for other reasons, then the people or organizations for which this information will be required are indicated.

A person can go to court at the address of his residence. However, when it comes to inheriting property or land, there is a dispute about the right, then a statement of claim is filed in the court at the place of their location. This is where the rule of exclusive jurisdiction comes into play.

When a dispute arises about the right, a statement of claim is filed for recognition of kinship, a sample can be downloaded below.

Filing a claim in court to confirm family ties or connections requires payment of a state fee. Its amount is 300 rubles (clause 8, clause 1, article 333.19 of the Tax Code of the Russian Federation).

Collection of documentation

In this case, collecting documents is necessary to confirm the stated facts. These include:

applicant's passport;
a certificate certifying the death of the testator;
documents certifying the last place of residence of the deceased citizen;
family photos, videos proving relationship;
correspondence with the testator confirming the existence of a family relationship;
DNA analysis;
evidence that there were attempts to solve the problem outside the courts;
receipt of payment of state duty.

Additional documents may be needed indicating divorce proceedings or a change of name.

If the plaintiff can invite witnesses on his part who will confirm the family relationship with him and the testator, it is necessary to file a petition in advance in this regard.

There are cases when it is not possible to provide evidence of relationship. Then the plaintiff can file a petition for genetic testing.

How to fill out an application and prove your relationship with a deceased person

Anyone who needs it can see the form for filling out this document below.

The claim to confirm kinship for accepting an inheritance is conventionally divided into several blocks.

The introductory part indicates:

name of the court;
information about the applicant;
information about interested parties;
the title of the application itself;
history of going to court;
At the end, please establish a relationship.

The main block is devoted to the description of circumstances confirming kinship between people. Here you can also refer to witnesses who can tell in detail about the relationship between the applicant and the deceased person that is relevant to the case.

Next, you should write why you need to prove family ties and the reasons why this could not be done in another way.

At the end of the application, you need to ask the court to certify that the person is a relative of the applicant and indicate who it is. In this case, you must remember to indicate the initials of both people, as well as the exact degree of relationship.

Application Form

The preparation of the application depends on the number of successors. If there is only one applicant for inherited property, the application is submitted in a simplified form.

Sample application for establishing the fact of family relations

If there are several successors or someone has already entered into inheritance law, then it is better to file a claim in the courts.

Sample statement of claim to establish the fact of family relations

If the statement of claim does not reflect the essence of the appeal, the reason for the need for a positive court decision, then the court may refuse to resolve this situation.

What documents confirm the fact of relationship with close and distant relatives?

Documents to confirm relationship include:

birth and marriage certificates, as well as name change certificates;
passport records confirming marriage or presence of children;
court decisions on adoption, adoption or other recognition of family ties;
certificates issued by the MFC, registry office or other institution with access to the relevant archival data.

If any of the documents was lost or missing for other reasons, you need to contact the following organizations:

At the MFC or Civil Registry Office: based on the available records, they will provide a certificate or a duplicate of the certificate.
To the city archive: if the requested documents were issued a long time ago, then they could be transferred from the responsible institution to the archive.

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There are situations when the available evidence is not enough to establish a relationship, and it is not possible to find the lost evidence. In this case, you should go to court with the available evidence.

How additional evidence of family relationships is also considered in court:

testimony of witnesses, common relatives;
general family photographs;
official family tree;
other indirect evidence of family ties.

Documents confirming the relationship between several people are of great practical importance.

They are of great value, since they are mandatory in some cases and are used as evidence in the event of disputes about property and rights. If they are lost, you can try to restore them.

The purpose of confirming family relationships

Entering into an inheritance requires proof of family ties between the successor and the testator. If inheritance rights are transferred by law, then receiving property or its share is possible only if there are documents confirming the blood connection. Under other circumstances, obtaining a certificate of ownership of inherited property is excluded.

Confirmation methods

If documents confirming a blood relationship are missing or damaged, there is a need to restore them. There are two ways, regulated by law, to establish the fact of a family relationship: extrajudicial and judicial.

Extrajudicial

If you lose the required documents, or if they contain errors or typos, corrections or deletions, you can contact the Civil Registry Office. If civil status acts exist at the time of the request, then the specialists of this department will make appropriate amendments and issue a duplicate. To do this, you will need to write an application and pay a state fee.

Methods for obtaining a duplicate

It should be noted that when applying to the district registry office, a duplicate can be issued on the day of application, to the archives of the city department - a month. You can also use the services of the MFC. The answer will be given in three days. Using online services, you can also obtain a duplicate of the relevant document. The waiting period in this case will be at least 30 days.

Judicial

If extrajudicial attempts to prove a family connection with the deceased in order to obtain an inheritance prove futile, it is recommended to go to court.

Application form for establishing the fact of family relations with the deceased

Koptevsky District Court of Moscow

125130, Moscow, st. Zoe and Alexandra Kosmodemyanskikh, 31, building 2

Applicant: Kirilova Anna Evgenievna

Moscow, st. Solnechnaya, 15, apt. 8

Interested parties: 7 notary office of Moscow

Moscow, st. Mashinostroiteley, 15, building 2

Statement

on establishing kinship for accepting inheritance

I, Kirilova Anna Evgenievna (born December 17, 1974) live in the capital at the address st. Solnechnaya, 15, apt. 8. On November 1, 2018, my father, Evgeniy Yuryevich Stepanov (born November 1, 1950), died. He lived in Moscow at the address: Classic Lane, 21, apt. 5.

I submitted documents to Moscow notary office No. 7 in order to register an inheritance for an apartment that belonged to my father, but was refused.

It was caused by an incorrect entry about my father on my birth certificate. In this document he is listed as Evgeniy Viktorovich Stepanov.

To make changes to the vital record, I had to apply to my place of birth - the village of Vinogradny, Kuibyshev region. However, no archival data was preserved there. Therefore, I have to confirm the fact of my relationship with my father through the court.

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Evidence of kinship is confirmed by the marriage certificate between my mother, Anastasia Dmitrievna Kirilova and father, Evgeniy Yuryevich Stepanov. In addition, the title documents for real estate are issued specifically to Evgeniy Yuryevich Stepanov.

The fact of family ties between me and Evgeniy Yuryevich Stepanov can be confirmed by witnesses: my mother is Anastasia Dmitrievna; Father’s sister – Svetlana Yuryevna Stepanova.

Based on the above, and guided by articles 264-267 of the Code of Civil Procedure of the Russian Federation

I ask the court:

To establish that I, Anna Evgenievna Kirilova (born 12/17/1974) am the natural daughter of Evgeniy Yuryevich Stepanov (born 11/01/1950) and who died on 11/01/2018.

Application:

1) Bank receipt for payment of state duty.

2) A copy of the applicant's birth certificate.

3) A copy of the death certificate of Stepanov E. Yu.

4) A copy of a letter from the 7th notary office in Moscow about the impossibility of registering an inheritance.

5) Evidence of the impossibility of making changes to the birth certificate.

Applicant: Kirilova A. E.

Establishing the fact of kinship for inheritance

In order to issue a certificate of the right to inheritance according to the law, a notary, in accordance with Article 72 of the “Fundamentals of the Legislation of the Russian Federation on Notaries,” must check the death of the testator, the time and place of opening of the inheritance, the composition of the inheritance and its location.

The notary also determines the circle of heirs according to the law. To do this, it is necessary to check the relationship between the testator and the persons who submitted applications for inheritance, since the presence and degree of relationship with the testator is the basis for calling them to inherit by law.

Legal assistance in establishing family relations with the testator. Tel.+7 Telephone consultation

However, legal heirs may have a problem associated with the inability to confirm their relationship with the testator due to reasons such as:

Loss of documents confirming family ties
Impossibility of document recovery
Inconsistencies and discrepancies in the documents

If the documents submitted to the notary lack at least one certificate, without which it is impossible to trace the chain of relationship between the deceased testator and the person who expressed the will to accept the inheritance (birth certificate, marriage/divorce, change of surname, etc.), such person cannot be called upon by a notary to inherit by law.

In practice, there are cases when, due to discrepancies and inconsistencies in documents, it is formally impossible to trace relationships even between very close relatives - siblings, parents and children. Such inconsistencies may have various reasons, for example, the presence of typos or spelling errors when indicating last names, first names or patronymics in documents, and other inaccuracies.

Establishing the fact of kinship in court is especially typical for cases of inheritance by persons included in the second, third and subsequent lines of inheritance, for example, great-nephews, aunts, uncles, cousins, brothers or their children, etc., or when the testator died at a fairly advanced age, and the discrepancies in the documents cannot be eliminated due to the failure to preserve the relevant archival data.

There are often cases when it is impossible to restore lost documents also due to failure to preserve vital records in the registry office archives and state archives.

So, in order to obtain the right to inheritance by law, it is necessary to confirm the fact and degree of relationship with the deceased . Without this, the notary will not include the applicant in the circle of legal heirs. When accepting an application from a person whose relationship with the testator cannot be traced, the notary explains to the applicant about the need to confirm the relationship in order to be included in the number of heirs.

There are two ways to confirm relationship with the testator:

Obtaining duplicate certificates from civil registry offices (archives)
Establishment of family relations with a deceased testator in court

The second (judicial) method can be used only if it is impossible to confirm the fact of kinship in another (extrajudicial) way , i.e. if it is impossible to restore lost documents. If the documents can be obtained independently, there is no need to go to court; moreover, the court will not accept such a statement, and the recovered documents must be presented directly to the notary to confirm the relationship with the deceased.

After the heir’s application to establish the fact of relationship with the testator is accepted for court proceedings, the notary who opened the inheritance case, as an interested person, is notified of the consideration of such a civil case.

According to the provisions of Article 41 of the “Fundamentals of the Legislation of the Russian Federation on Notaries,” this is the basis for the notary to suspend notarial actions within the framework of the inheritance case opened by him until the court makes a decision in the case establishing the fact of the applicant’s relationship with the testator.

If the relationship is not established in court and the application is rejected by the court, the notary will refuse to issue a certificate of inheritance to this person due to failure to confirm his status as the legal heir of the deceased.
Important: It is necessary to remember that even if the applicant for the inheritance does not have a documented relationship with the testator, the notary is obliged to register an application for acceptance of the inheritance by law and open an inheritance case.
The most important thing is to contact a notary with an application within the 6-month period from the date of death of the testator. Although there are no legal grounds for refusing to accept an application in this case, in practice there are often cases when notaries verbally refuse to accept an application if the relationship is not confirmed.

If a notary orally refuses to accept an application to accept an inheritance according to the law, citing non-confirmation of relationship with the testator,
request a reasoned written refusal . If the dialogue with a notary does not lead to the desired result, it is recommended to send him your application by mail (necessarily with a list of attachments), having previously certified your signature in the application from another notary .
In this case, the notary must either:

accept the application and start an inheritance case;
within 10 days, provide a written reasoned refusal to open an inheritance case.

Thus, the fact of timely contacting a notary with an application to accept the inheritance will be recorded, which will subsequently relieve the heir from the need to restore the deadline for accepting the inheritance if the process of establishing the fact of kinship in court is delayed and goes beyond the 6-month period for accepting the inheritance.

An unlawful refusal by a notary can be appealed in court in accordance with Chapter 25 of the Code of Civil Procedure of the Russian Federation. To file a complaint, it is advisable to contact a practicing lawyer who will competently defend your rights in court.

Lawyer on inheritance issues in St. Petersburg. Tel.+7 (812) 989-47-47 Telephone consultation

Summarizing the above, let us outline the main aspects:

If it is impossible to directly document the relationship with the deceased testator, establishing the fact of family relations with him is possible only in court, since legally significant facts, including the establishment of family relations, are established exclusively by the court in a special proceeding
The absence of documents confirming relationship with the deceased testator is not a basis for a notary’s refusal to accept an application for acceptance of an inheritance; such a refusal will be unlawful and can be appealed in court
The court's acceptance of the heir's application to establish the fact of kinship with the deceased testator is the basis for suspending notarial actions in the inheritance case until the court makes a decision in the case of establishing the fact of kinship.

How to establish paternity of a deceased person?

Lawyer Antonov A.P.

In the event of the death of the child's father, who was not married to his mother, paternity is established in court. Depending on the circumstances, for this you will need to apply to the court with an application to establish the fact of recognition of paternity or to establish the fact of paternity (Article 50 of the RF IC; paragraphs 22, 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 16, 2017 N 16). Let's consider each of the procedures in more detail.

1. Establishing the fact of recognition of paternity 1.1. Cases and grounds for establishing the fact of recognition of paternity The fact of recognition of paternity is established by the court in the event of the death of a person who recognized himself as the father of a child born on 03/01/1996 and later, who was not married to his mother. With regard to children born before October 1, 1968, from unmarried persons, the fact of recognition of paternity in the event of the death of a person who recognized himself as the father of the child can be established only if at the time of the death of the specified person or earlier the child was in his custody. dependency (clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16). Thus, the fact of recognition of paternity can be established if the mother and father of the child were not in a registered marriage, the father recognized his paternity, but died without filing an application to establish paternity with the registry office during his lifetime (clause 3 of article 48, art. 50 RF IC).

1.2. The procedure for establishing the fact of recognition of paternity Depending on whether there is a dispute about the law in the case, demands for establishing the fact of recognition of paternity can be submitted to the court in a special or lawsuit proceeding (clause 1, part 1, article 262, clause 4, p. 2, Article 264 of the Code of Civil Procedure of the Russian Federation; paragraphs 23, 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16).

1.2.1. Establishing the fact of recognition of paternity in a special proceeding The fact of recognition of paternity is established in a special proceeding if there is no dispute about the right and it is impossible to obtain documents certifying paternity in a different order or it is impossible to restore lost documents (Article 265 of the Code of Civil Procedure of the Russian Federation; clause 24 of the Resolution of the Plenum of the Supreme Court RF No. 16).

Note! If, when filing an application or considering a case in a special proceeding, it is established that there is a dispute about the right, the application will be left without consideration. In this case, you have the right to resolve the dispute through litigation (Part 3 of Article 263 of the Code of Civil Procedure of the Russian Federation).

To establish the fact of recognition of paternity in a special proceeding, we recommend following the following algorithm.

Step 1. Draw up an application to establish the fact of recognition of paternity The application is drawn up in accordance with the general requirements established for a statement of claim, and must contain, in particular (part 2 of article 131, part 1 of article 263, article 267 of the Code of Civil Procedure of the Russian Federation) : 1) name of the court to which the application is submitted; 2) information about the applicant: last name, first name, patronymic (if any), place of residence, and also, if desired, contact phone number and email address; information about the representative (if the application is submitted by a representative); 3) information about interested parties (if any); 4) information about the purpose for which you need to establish the fact of recognition of paternity (for example, to recognize property rights by inheritance), and about the circumstances on which you base your claims, as well as evidence confirming your impossibility of obtaining proper documents or restoration lost documents; 5) requirement to establish the fact of recognition of paternity; 6) list of documents attached to the application. The application must be printed and signed. Your representative can sign instead of you on the basis of a power of attorney confirming his authority (Part 1, 4, Article 131 of the Code of Civil Procedure of the Russian Federation).

Step 2. Prepare the necessary documents. The application to establish the fact of recognition of paternity must be accompanied, in particular, by the following documents (part 1 of article 55, article 132, part 1 of article 263 of the Code of Civil Procedure of the Russian Federation): 1) notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the application and documents attached to it, which these persons do not have; 2) power of attorney or other document certifying the powers of the representative (if there is a representative); 3) a document confirming the payment of the state duty or the right to receive benefits for its payment, or a request for a deferment, installment plan, a reduction in the amount of the state duty or an exemption from its payment.

Reference. Amount of state duty The amount of state duty when filing an application in cases of special proceedings is 300 rubles. When considering cases in courts to protect the rights and legitimate interests of a child, state duty is not charged (clause 8, clause 1, article 333.19 of the Tax Code of the Russian Federation; part 2, article 23 of the Law of July 24, 1998 N 124-FZ);

4) documents confirming the circumstances on which you base your claim (if any). Such documents may include, in particular: - a child’s birth certificate; - death certificate of the child’s father; — witness testimony (in particular, that the father lived with the child, made joint trips, picked him up from child care institutions, came to children’s parties, etc.); - other documents containing evidence of recognition of paternity (letters, telegrams, messages, information about telephone conversations, photographs, videos, information about joint trips, transfers of funds, opening accounts, acquisition of property, transfer of rights to property, information about registration one by one place of residence with a child, etc.).

Step 3. Submit an application to the court and wait for the case to be considered. An application to establish a fact of legal significance is submitted to the district court at the applicant’s place of residence (Article 266 of the Code of Civil Procedure of the Russian Federation; clause 4 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16). If the court has technical capabilities, documents can be submitted electronically on the official website of the court. We recommend that you clarify the specifics of submitting documents via the Internet in court (part 1.1 of article 3, part 1.1 of article 35 of the Code of Civil Procedure of the Russian Federation; part 4 of article 12 of the Law of June 23, 2016 N 220-FZ). According to the general rules of litigation, civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court. Moreover, depending on the complexity of the case, the period for its consideration can be extended by no more than a month (Part 1, 6 of Article 154, Part 1 of Article 263 of the Code of Civil Procedure of the Russian Federation).

Step 4. Contact the civil registry office for state registration of paternity establishment. A court decision to establish the fact of recognition of paternity is the basis for state registration of paternity establishment, but does not replace the certificate of paternity establishment issued by the civil registry office (Article 268 of the Code of Civil Procedure of the Russian Federation; clause 2 of Art. 6, Article 48, 56 of the Law of November 15, 1997 N 143-FZ). For state registration of the establishment of paternity, you should submit an application to the civil registry office at the place where the court decision was made to establish the fact of recognition of paternity (Article 49 of Law No. 143-FZ). Such a statement can be made orally or in writing by the child’s mother, the child’s guardian (trustee), the child’s dependent, or the child himself who has reached the age of majority, as well as their authorized representatives. If it is technically possible to receive an application in electronic form, it can be sent through the Unified Government Services Portal (Article 54 of Law No. 143-FZ). In particular, the application must be accompanied by documents proving the identity and authority of the applicant, the child’s birth certificate and a court decision (clauses 23, 31 of the Administrative Regulations, approved by Order of the Ministry of Justice of Russia dated December 28, 2018 N 307). State registration of establishment of paternity and issuance of a certificate of establishment of paternity is carried out on the day of application, subject to the submission of all properly executed documents (clause 14 of the Administrative Regulations).

1.2.2. Establishing the fact of acknowledgment of paternity through legal proceedings To establish the fact of acknowledgment of paternity in the event of a dispute about the right, we recommend that you adhere to the following algorithm.

Step 1. Draw up a statement of claim The statement must indicate the following information (Part 2 of Article 131 of the Code of Civil Procedure of the Russian Federation): 1) name of the court to which the claim is filed; 2) information about the plaintiff: last name, first name, patronymic (if any), place of residence, and also, if desired, contact phone number and email address; information about the representative (if the application is submitted by a representative); 3) information about the defendant: last name, first name, patronymic (if any), place of residence, and also (if known), date and place of birth, place of work and one of the identifiers (for example, SNILS, INN). Also, if desired, indicate the contact telephone number and email address of the defendant; 4) information about what the violation of your rights is, the circumstances on which you base your claims, and evidence confirming these circumstances; 5) the price of the claim, if it is subject to assessment (if, in addition to the requirement to establish the fact of recognition of paternity, claims of a property nature are declared); 6) your requirements; 7) a list of documents attached to the statement of claim. The statement of claim may also set out your requests, for example, to request evidence or to call witnesses (Parts 1, 2, Article 57, Part 2, Article 69 of the Code of Civil Procedure of the Russian Federation). The statement of claim must be printed and signed. Your representative also has the right to sign the application if the authority to sign the statement of claim and submit it to the court is indicated in the power of attorney (Part 1, 4 of Article 131 of the Code of Civil Procedure of the Russian Federation).

Step 2. Prepare the necessary documents. The following must be attached to the statement of claim (Part 1 of Article 55, Article 132 of the Code of Civil Procedure of the Russian Federation): 1) notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the claim and attached to it documents that these persons do not have; 2) power of attorney or other document certifying the powers of the representative (if there is a representative); 3) documents confirming the circumstances on which you base your claims (if any); 4) a document confirming the payment of the state duty or the right to receive benefits for its payment, or a request for a deferment, installment plan, a reduction in the amount of the state duty or an exemption from its payment.

Reference. Amount of state duty The amount of state duty for claims of a non-property nature is 300 rubles. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). The amount of the state duty for claims of a property nature is based on the price of the claim (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation): up to 20,000 rubles. — 4% of the claim price, but not less than 400 rubles; from 20,001 rub. up to 100,000 rub. — 800 rub. plus 3% of the amount exceeding RUB 20,000; from 100,001 rub. up to 200,000 rub. — 3,200 rub. plus 2% of the amount exceeding RUB 100,000; from 200,001 rub. up to 1,000,000 rub. — 5,200 rub. plus 1% of the amount exceeding RUB 200,000; over 1,000,000 rub. — 13,200 rub. plus 0.5% of the amount exceeding RUB 1,000,000, but not more than RUB 60,000. If the statement of claim contains claims of both a property and non-property nature, the state duty established for claims of a property nature and the state duty established for claims of a non-property nature are simultaneously paid (clause 1, clause 1, article 333.20 of the Tax Code of the Russian Federation). Plaintiffs in claims in defense of the rights and legitimate interests of a child are exempt from paying the state fee (clause 15, clause 1, article 333.36 of the Tax Code of the Russian Federation).

Step 3. Submit a statement of claim to the court and wait for the case to be considered. The statement of claim is filed with the district court at the place of residence of the defendant or at your place of residence (Articles 24, 28, Part 3, Article 29 of the Code of Civil Procedure of the Russian Federation; Clause 4 of the Resolution of the Plenum Supreme Court of the Russian Federation No. 16). After the court decision is made, you must wait for it to enter into legal force after the expiration of the one-month period for an appeal, if it has not been appealed (part 1 of article 209, part 2 of article 321 of the Code of Civil Procedure of the Russian Federation). If an appeal is filed, the decision comes into force after consideration of such a complaint by the court, unless the appealed decision has been cancelled. If the decision of the court of first instance was canceled or changed and a new decision was made, it comes into force immediately (Part 1 of Article 209 of the Code of Civil Procedure of the Russian Federation).

Step 4. Contact the civil registry office for state registration of paternity establishment. The court decision is the basis for state registration of paternity establishment. The procedure for such registration and obtaining a certificate of paternity establishment is similar to that described above (Articles 48, 54, 56 of Law No. 143-FZ).

2. Establishing the fact of paternity The fact of paternity of a deceased person who is not married to the child’s mother can be established by the court in relation to a child (Article 49 of the RF IC; clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16): born on 03/01/1996 and later - if there is evidence that reliably confirms the origin of the child from this person. Moreover, in this case it is not required that the deceased recognize himself as the father of the child during his lifetime; born in the period from 01.10.1968 to 01.03.1996 - in the presence of evidence confirming, in particular, at least one of the following circumstances: joint residence and management of a common household by the mother of the child and the deceased person before the birth of the child, joint upbringing or maintenance of the child by them or recognition of paternity by the deceased person. The establishment of the fact of paternity is carried out by the court according to the rules of special proceedings, provided that there is no dispute about the right. If there is a dispute about the right, the case is considered through the procedure of claim proceedings. In this case, it is necessary to attach to the application (statement of claim), in particular, evidence confirming the circumstances on which you base your demands (Article 132, paragraph 1, part 1, article 262, part 3, article 263 of the Code of Civil Procedure of the Russian Federation; p. paragraphs 23, 24 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 16). The procedure for establishing the fact of paternity is generally similar to the procedure for establishing the fact of recognition of paternity.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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