Receiving an inheritance is what many citizens are waiting for. Only inheritance law raises many questions. Because of an inheritance, close people become enemies of each other and meet in court. Today we will be interested in the first heirs after the death of the husband. Who can claim the property first? And how to register it for yourself in one case or another? Having understood all this, each person will be able to avoid unnecessary conflicts in the family, as well as protect themselves in court if necessary.
Inheritance by will is...
Who is the first heir after the death of her husband? When it comes to receiving property from a deceased person under a will, problems may arise.
The point is that the circle of heirs under the will is determined by the owner of the property during his lifetime. All recipients of material benefits are equal participants in the process.
However, some individuals have a mandatory share in the inheritance. Certain categories of relatives may claim part of the property inherited by other persons.
How is the inheritance divided between first-line heirs?
The law gives preference to 1st line heirs over other applicants. Each of them is entitled to a share in the identified property. Property is distributed among relatives in equal parts.
Sometimes several loved ones die at the same time, for example, in a car accident, plane crash or during a terrorist attack. It also happens that the heir dies before the inheritance opens.
Such cases lead to the acceptance of the inheritance in the order of presentation (Article 1146 of the Civil Code of the Russian Federation). That is, the heirs of the deceased recipient accept the inheritance of the main owner.
Example. The family consists of 4 people (husband, wife and two children). One son is 20 years old, the second is 24. Soon the eldest son died of a serious illness. A year later, my father was buried. The inheritance mass includes a residential building, a land plot of 20 acres and a car. According to the law, the heirs of the 1st stage are the wife and her youngest son. But, the young man who died earlier had a young daughter who was born in a civil marriage. Therefore, the share of her father's inheritance passes to her by way of presentation. The division of inheritance after the death of the father takes into account Family Law. Half of the joint property is allocated as the property of the testator's spouse. The remaining part is divided between three applicants (wife, youngest son, daughter of the eldest son). Everyone will get 1/3 of the share. In the interests of the daughter of the deceased heir, her mother acts as a legal representative. As you can see, the death of an heir blurs the boundaries between the children and grandchildren of the main testator.
Mandatory share
The first heir after the death of a husband in Russia is not always determined without much difficulty. As already mentioned, each scenario must be considered separately.
The obligatory share in the inheritance is received by:
- disabled parents of the deceased;
- adult disabled children;
- a spouse who cannot support himself;
- minor children;
- other dependents living with the deceased.
These categories of citizens do not have to be indicated in the will - they are entitled to a share first. Everything that remains will be distributed among the persons specified in the testamentary document.
Who can be disinherited?
Legal heirs may initially not have the right of inheritance, or may lose it during the registration of the inheritance. Only a court can deprive an heir of this right.
We list the legal cases of deprivation of heirs' rights to inheritance under the law:
- Inheritance to children is a parent's right. Consequently, parents who have been deprived of parental rights by the court are also deprived of this right.
- Heirs who committed illegal actions towards the testator (caused him physical and/or psychological suffering) are considered unworthy and are deprived of the right to inherit by law.
- Adult children who did not fulfill the child support obligations to their parents that the court imposed on them are deprived of the right to their inheritance.
- If there was no court decision on child support, and the children simply refused to help their elderly parents, despite extreme need, the relatives who did this for them can sue. Such behavior is considered grounds for declaring the heir unworthy and depriving him of inheritance rights.
- Heirs who attempted to illegally obtain the right to inheritance, or intended to increase the size of their share to the detriment of the interests of other heirs, may also be considered unworthy and excluded from the number of heirs in the queue.
If you still have questions regarding this topic and you did not find answers to them within the framework of this article, ask them to a lawyer on our portal.
On the Prav.io portal you can find a lawyer who will help you protect your rights during a confusing and complex dispute between relatives about inheritance.
Queue tree
The first heirs after the death of the husband are determined by order of inheritance. As we have already said, the closer the potential heir, the higher his chances of inheriting.
Above you can see what the order of succession looks like in Russia. It just seems simple. But in reality everything is more difficult than it seems. And therefore, below we will consider the most common life situations.
First row
The first heirs after the death of a husband without a will are his closest relatives. These include:
- children of any age;
- spouse;
- parents.
At the same time, trustees, guardians and adoptive parents cannot be considered recipients of property by inheritance of the first priority. The same cannot be said about adoptive parents.
Common-law spouses and people who “replaced parents” are not recipients of inheritance in principle.
About parents
Who is the first heir after the death of a husband/wife? For example, the parents of the deceased. These are father-in-law/mother-in-law and mother-in-law/father-in-law, respectively.
It doesn't matter whether the parents are divorced or not, whether they live together or apart. The main thing is that potential recipients of material benefits from the deceased have parental rights.
The first heirs after the death of a husband cannot be fathers-in-law, who were once deprived of parental rights. In such circumstances, the inheritance will initially be divided between the spouse and children of the deceased.
Does the ex-wife have rights?
She retains certain opportunities to sue for part of the property, provided that after the divorce, everything acquired was not divided between the spouses. The ex-wife has the right to go to court, claiming her part. This usually happens when the question of dividing real estate arises.
When property in a previous marriage was legally divided after or during a divorce, the ex-wife has no right to claim any share.
It is important that the husband or wife does not have any unresolved issues related to the division of acquired property in a previous marriage.
About the spouses
The second category of property recipients in the order of inheritance by law are spouses. In our case, the wife of the deceased.
As we have already said, common-law spouses cannot act as legal heirs. They will have such powers if they are specified in the will. And nothing more.
Joint property upon the death of one of the spouses raises many questions. The point is that such objects belong equally to both husband and wife. Therefore, before registering the inheritance and dividing it, you will first have to alienate half of the jointly acquired property to the living spouse. The remaining portion will be distributed to all first-degree heirs, including the wife/husband.
Heirs of the first stage. Division of inheritance
The first line of heirs are the people closest to the testator. Natural children and parents (consanguinity), plus spouses, adopted children and parents (the role of consanguinity in this case is played by legal, social and emotional ties).
So, the list of heirs of the first stage:
- Surviving spouse
- Children (blood, adopted/unborn)
- Parents (natural or adoptive parents)
The inheritance is divided equally among all claimants.
Husband wife
Only spouses officially registered in the registry office have the right to inherit from each other. A “civil” or church marriage, no matter how many years it lasts, does not serve as a basis for inheritance. Joint farming as well. Even if a divorce after a long marriage took place the day before the death of the testator, the husband/wife is excluded from the list of heirs.
ATTENTION! The widespread belief that the testator's spouse receives a larger share of the inheritance than other family members (more than half of the total property) is erroneous. This impression is created because people overlook one legal aspect of marriage - joint ownership of property.
The common property of the spouses is the so-called “jointly acquired property”, everything that they acquired while married. Before proceeding with the division of the inheritance, the share that legally belongs to the second spouse is allocated from the entire property. This happens according to the same principle by which property is divided during a divorce.
And after this initial division, that part of the property that is recognized as the share of the deceased is divided equally between all representatives of the first priority. The spouse participates in this division on an equal basis and receives the same amount as the others.
In other words, the spouse first receives 50% of the common property, and then an equal share of the testator’s personal property.
Difficulties (from the point of view of other heirs) may arise with different methods of registering property rights to objects that both spouses used.
For example, if the apartment in which the family lived was registered as the personal property of a living spouse, it is considered personal property and will not be divided among the heirs.
If the car was purchased in the name of the wife, then, despite the fact that the husband used it, after his death the car will not be considered an object of inheritance. It is the personal property of the deceased's wife.
An example of dividing an inheritance in the presence of common property
At one time, a husband and wife purchased a house that was jointly owned by them. The man has three children. After the death of the husband, the wife receives 1/2 share of the house. The remainder will be divided into 4 equal shares: one for each child and wife. Thus, the wife owns 5/8 of the share of the house, and the children own 1/8 each. All other property will be divided in the same way.
Children
All children of the testator enjoy equal rights when dividing the inheritance:
- Children born in an official, valid marriage
- Children born in previous marriages
- Illegitimate children of any age, provided that paternity is recognized or established
- Born after the death of the testator (within ten months)
Parents
Citizens who survive their children have the right to inherit after them as part of the first line.
Adoptive parents who have officially adopted the testator have the same rights as blood parents. Parents who are unmarried or divorced have equal rights, regardless of whether they lived with the testator or not.
A parent who has been deprived of parental rights to a given child by a court at one time is deprived of the right to inherit. If parental rights have not been restored during the life of the testator, his father or mother does not have the right to inherit from his child.
Other heirs of the first stage. Right of representation
The list of first-priority heirs does not include one category of close relatives – grandchildren. Since she is not in other queues, this often raises puzzling questions: “Can’t grandchildren inherit from their grandparents at all? After all, these older relatives inherit from their grandchildren in third place.”
In fact, grandchildren can directly inherit from their grandparents only by will. According to the law, they receive the inheritance of their grandparents after their parents. When, for example, father and mother received shares of their parents' inheritance. And then, in turn, they inherited the combined property of generations to their children.
But there are cases when the grandchildren of the testator are included in the first priority of inheritance. True, with certain reservations. This occurs if their parents (children of the testator) died before him, and is defined as “inheritance by right of representation.”
Grandchildren can inherit from their grandparents only by right of representation (excluding cases where they were adopted last after the death of their parents or deprivation of their parental rights).
Inheritance through the right of representation has one peculiarity: the heirs do not always receive an equal share with other heirs of the first priority. Their share is the share to which the person they represent was entitled.
That is, if there are more heirs by nomination than there were direct heirs of the first stage, then the share of each will be proportional to their number.
Example of inheritance by view
The deceased man has a living father and mother, a wife and three children together. But two children died in a car accident shortly before the death of the testator himself. Both left children: one has two, the other has one.
The inheritance (after allocating the marital share) is divided into six equal parts: father, mother, wife, and each of the three children. The shares of the deceased children of the testator pass to their children. One grandchild receives the full share of his parent, which is 1/6 of the inheritance. The two grandchildren receive their parent's share (1/6) and divide it in half. Everyone gets 1/12.
Inheritance by right of representation is a legal norm. An heir by nomination cannot be deprived of his share, except by the will of the testator, or in cases provided for by law (for example, declaring the heir unworthy).
Dependents
This is a special category of heirs, inheriting simultaneously with representatives of the current (called for inheritance) line. Family or legal connection in this case is an optional condition. “Common-law” husbands and wives who do not have the right to inherit can inherit if they are also dependents of the testator.
A citizen is recognized as a dependent if the following conditions are met:
- He must be disabled (for example, disabled)
- Have no other sources of income other than financial assistance from the testator
- Live with the testator until his death
- Live with the testator for a year or more before his death (this condition is not mandatory if the dependent was a blood relative of the testator)
Even if there is no first-priority heir, a disabled dependent cannot receive more than 1/4 of the first-priority share of the inheritance. The rest will “go down” in queues.
About children
Who is the first priority heir after the death of her husband? In Russia, according to the law, children receive property by inheritance according to the law “in the forefront.” And it doesn't matter how old they are. It’s just that minors and disabled descendants have the right to an obligatory share of the inheritance.
If the testator was deprived of parental authority during his lifetime, this event will not affect the inheritance rights of the children in any way. The child will still be able to receive his share of the property from the deceased parent in the future.
Adopted children have the same rights as the natural children of the testator. Therefore, without a will, discord often begins in families - everyone wants to get their own “piece” of the inheritance.
Heirs of the second stage
In the absence of heirs of the 1st stage, the right to property is vested in the following recipients. The heirs of the 2nd stage include (Article 1143 of the Civil Code of the Russian Federation):
- brothers;
- sisters;
- grandmothers;
- grandfathers.
The heirs include both half- and half-brothers and sisters. And grandparents are taken into account on both the father's and mother's sides.
This category of heirs comes into their rights if the relatives of the 1st stage are not identified or have abandoned the property. Their children can rely on the property in the order of presentation.
Born after death
What can be said about children who were born after the death of the testator? They, oddly enough, are also the primary recipients of the inheritance.
The main problem here is establishing paternity and proving kinship with the testator. It's not always easy to do, but if you try, anything is possible.
Wife's share of inheritance after husband's death
If the spouses had jointly acquired property, then before starting the division, the spouse’s obligatory share of the joint property should be allocated. That is, spouses during marriage acquired joint property, both owned it equally. Therefore, half of the joint property belongs to the spouse and is not an inheritance. And the other half, which was owned by the deceased spouse, will be distributed among the first-priority heirs.
The surviving spouse also takes part in the division of half of the deceased spouse. As a result: the testator's wife will receive her half of the property, and part of the spouse's property will be inherited to her. If the spouse had property that was not acquired jointly, then it will be divided equally among the successors. The spouse, along with other heirs, will also be able to take part in the division.
Property not included in joint ownership:
- Property acquired before marriage.
- Inherited property.
- Donated property
- As well as property acquired by a citizen with funds available to him before marriage.
- Personal items.
It must be remembered that when entering into an inheritance, the heirs accept not only the property, but also the debts of the testator.
For example, the payment of alimony stops after the death of the payer, but if a debt has accumulated, then the one who accepts the inheritance will have to pay it. If there are several heirs, then the debt will be divided in proportion to the shares of the heirs.
Expert commentary
Shadrin Alexey
Lawyer
The same situation arises if there are debts to the tax authorities, or there are writs of execution for which the testator has debts. Obligations arising from some civil contracts will also fall on the shoulders of the heirs. If the testator had unpaid loans, the creditor has the right to apply to the heirs to collect the debt. Claims for payment of debts on the testator's loans may be brought against one or more heirs.
Thus, before declaring the right of inheritance, you need to carefully study the obligations and debts of the testator. If the total amount of all debts exceeds the amount of inherited property, then such an inheritance should not be accepted.
Previous marriage and new one
The first heirs after the death of a husband or wife raise many questions if citizens did not think about drawing up a will during their lifetime. The thing is that former spouses (even if they are parents of common children) cannot lay claim to the property of the deceased. The exception is jointly acquired property. Children raise many more questions.
According to the law, the order of inheritance depends on the degree of relationship with the deceased. If a man got married, had children, then divorced, got married again and “gave birth” to a child, what should he do?
Within the framework of the law, the inheritance will be given to all children in equal shares. The main condition is a confirmed or legally registered relationship. Plus, the current spouse will be able to claim jointly acquired and personal property of her husband.
What property is not subject to inheritance
Any property that remains after the death of the testator passes by inheritance to close relatives. Relatives of the 1st stage can be the first to count on the inheritance mass.
The following property is an exception:
- which the citizen included in the will;
- accounts for which a testamentary disposition has been made;
- written down for inclusion in the inheritance fund.
Example. After the man's death, he was left with an apartment, a plot of land and a car. The apartment and car were bought in 2 marriages. He received the land allotment under a gift agreement before its conclusion. Whereas the man still has a daughter from his first marriage. The deceased also left behind an elderly mother. However, she does not lay claim to her son's property. The wife is entitled to ½ share of the apartment and car as a marital share. The remaining property is divided into 1/3 share to each recipient. Since the wife receives 4/6 shares of the apartment, the daughter of the deceased offers to exchange her 1/6 share of the apartment for 1/3 share of the land plot. With her stepbrother she changes to 1/6th share of the car. As a result, the girl receives the entire plot of land. The boy receives 1/6 share of the apartment and 1/3 share of the car. The wife of the deceased receives 5/6 shares of the apartment and 2/3 shares of the car.
Children from the spouse's previous marriage
Who is the first priority heir after the death of her husband? In the Russian Federation, couples divorce and remarry every day. Sometimes they already have children.
Suppose a man marries a woman with a child. If he does not officially adopt him, then only his wife can act as heir. Her child from a previous marriage has nothing to do with the property of her deceased stepfather. The same cannot be said about a man’s children from previous relationships. With proven kinship, they will always be able to inherit.
Rights of first priority heirs without a will
If the testator did not leave an administrative document, then the inheritance is carried out within the framework of the law. Parents/children, husband/wife have the right to visit a notary and apply for registration of inheritance or refuse it.
Heirs may waive their rights in favor of other claimants or by default . Then the inheritance goes to the relatives of the same line, and if there are none, then to the heirs of the next line. Refusal by default implies inaction of the heir for six months.
A targeted refusal requires filing a corresponding application with a notary. Refusal in favor of a specific candidate can only be within the successive queue.
Example. After the death of the widow, the dacha remained. Her children (son and daughter) act as heirs. The parents of the deceased woman wrote a written renunciation of property rights. When submitting the application, it was revealed that the woman did not draw up an administrative document. Consequently, if there is no will, then the property after the death of the mother is divided between her children. Everyone will get ½ of the dacha.
About the ransom
In fact, everything is simpler than it seems. If you thoroughly understand the legislative aspects of the issue, there will be no difficulties.
All heirs of the first priority will equally receive the inheritance. But sometimes you can reach an agreement. For example, if a wife does not want to share an apartment purchased jointly with her deceased husband with her in-laws. How to proceed?
The legislation of the Russian Federation allows the issue of repurchase of a share to be resolved in court. The wife pays the father-in-law the value of their part of the inheritance, after which the husband's parents remain with the money, and the spouse remains with the property.
Important: this option is great when the parental share in the inheritance is small.
How to divide the inheritance among the heirs of the first stage
The procedure for dividing property may vary depending on the specific situation. The law provides for the possibility of voluntary settlement of the issue or in court.
By agreement
Recipients of property can independently determine their shares in the property of the deceased. To do this, an agreement must be drawn up.
If the deceased owner had a lot of different property (apartment, house, land, shares, cash in accounts), then each heir of the first priority has the right to an equal share.
In practice, it is inconvenient for the owner to have many small shares in different property. Therefore, the heirs can agree among themselves.
For example, one of the heirs will receive an apartment, the second will receive a house, and the third will receive funds in their accounts. If some item is less valuable than others, then the recipient is entitled to compensation from other heirs.
The heir who used it during his lifetime has a priority right of claim to the object. For example, he lived together with the deceased.
The document is drawn up in writing. The law does not oblige citizens to have it certified by a notary.
After signing the agreement, the heirs must present it to the notary. He will issue certificates of title to the property in accordance with the decision made.
Through the court
If the heirs cannot agree voluntarily, but do not agree with the legal decision, then it is necessary to go to court.
To do this, a statement of claim is drawn up and sent to the judicial authority located at the place of opening of the inheritance or at the location of the disputed property.
The applicant must prove that he has more rights to the disputed property than other recipients. For example, he has no other housing, but other heirs own residential premises.
Refusal in favor
The first heirs after the death of the husband are his parents, children and wife. Sometimes it happens that there are many applicants for property, but no one intends to pay shares. How to proceed?
Citizens can renounce their share of the inheritance in favor of an heir of the same line. For example, grandparents write a waiver of their son’s property in favor of their grandchildren.
Such a decision must be voluntary and free of charge. It is drawn up before the right to inheritance is exercised.
What is considered the inheritance of a deceased person?
Inheritance can take place in two forms:
- in law;
- by will.
In the first case, the heirs have the right to receive their share in order of priority. There are eight queues, which is directly enshrined in law . In the second case, inheritance occurs according to the rules prescribed in the will. There is no relationship here; an outsider can also receive the property.
The hereditary mass is of particular importance. This includes all the property that the deceased managed to acquire and was in his possession at the time of death. The inheritance is considered open only from the date of death. It may include movable and immovable things, as well as property rights and obligations.
Property must be inherited in the place where it was opened. It can also be the place of permanent registration of the citizen, which existed at the time of death. If there is none, the place where the person’s real estate or movable property is located is taken into account. This provision is regulated in more detail in Article 1115 of the Civil Code of the Russian Federation.
The period for opening an inheritance is not regulated by law. There are only time frames established at the regulatory level for accepting the property of the deceased. This is due to the fact that the inheritance opens automatically after the death of a person. A child, parent, or other family member may waive their share, but this will not close the estate.
Time to receive
The first heirs after the death of the husband without a will will no longer cause any problems. We have identified their circle.
How to get an inheritance? Inheritance rights arise after the death of the testator. As soon as a person dies, his loved ones will have six months to make a decision regarding inheritance of property.
If within 6 months the heirs of the first priority do not indicate their desire to receive property by inheritance or do not refuse the benefits offered to them, the inheritance rights will pass to the recipients of the second priority, and so on.
When one of the heirs remains silent for more than 6 months and does not express his authority to inherit in any way, it is generally accepted that the citizen has abandoned the property allotted to him.
How is the inheritance distributed between the first and second priority heirs?
Shares are distributed within one queue. The property is divided between the applicants in equal parts.
If there are heirs of the 1st queue, recipients from the 2nd queue do not receive anything. If such persons are not identified, then second-degree relatives can inherit.
The absence of applicants or their refusal to accept the inheritance leads to the fact that the property is recognized as escheat and goes to the state. Bodies of state power or local self-government cannot refuse to accept such an inheritance.
Instructions for registration
We found out who the first heirs will be after the death of her husband. How can you obtain an inheritance legally?
Instructions for achieving the desired goal look like this:
- Wait until the testator dies.
- Prepare a certain package of papers and contact a notary with an application to accept property by inheritance.
- Wait six months.
- Appear with a previously prepared package of documents to the notary and obtain from him a certificate of acceptance of the inheritance.
That's all. Now a citizen will be able to re-register real estate in his name. This is where the receipt of property by inheritance ends.
Rights of children from first marriage
This category has the right to inherit by law. It doesn’t matter how close they are to their parent after their father’s divorce from their mother, the main thing is that there is no fact of their adoption by another person.
Most often, a person’s second or third spouse experiences a negative attitude towards these children, which is due to the peculiarity of the female character. They need to be prepared for the fact that after the death of their father, a will may appear written by him, where everything he has acquired will be written to his wife.
If it is known for certain that there has recently been hostile relations between husband and wife, and the man did not think of writing a will with such text, then it is worth trying to challenge it in court, presenting compelling arguments.
In legal practice, it happens that children may not have known about the death of a close relative and missed the established deadline for entering into an inheritance.
The court may restore the deadline for accepting the inheritance in accordance with Art. 1155 of the Civil Code of the Russian Federation, taking into account the fact that the person did not know about this fact or he had valid reasons that prevented him from coming and completing all legal formalities.
In such a situation, the son or daughter of the deceased father must apply to the court to restore inheritance rights. This can be done within 6 (six) months from the moment the reasons for missing the deadline no longer exist.
The court takes measures to preserve the property due to the legal heir, which was previously distributed among other participants in the legal relationship.
Previously issued registration documents for divided property will be declared invalid. In this situation, the share of the new legal successor is allocated at the expense of the inherited material benefits of other participants.
If all parties to the agreement are ready to allocate the due portion to the emerging party and everyone has reached a consensus, then the matter will be resolved without a trial. A new agreement is concluded and the rights to real estate are re-registered.
Documents for inheritance
Who is the first heir after the death of her husband? The answer to this question will no longer confuse a person.
In order to receive an inheritance according to the law in one case or another, you must prepare:
- identification;
- application for acceptance of inheritance;
- birth/adoption/marriage certificate;
- statements of relationship with the testator (including court decisions);
- death certificate of the testator;
- certificates from the place of residence of the deceased;
- refusals of other heirs from property.
How property is inherited by law
In the absence of a will, property is inherited by the successors of the deceased in accordance with current legislation - according to the principle of priority. First, you should receive a death certificate.
The algorithm then broadly consists of the following steps:
- Applying to a notary to present rights to inheritance.
- Providing a list of required documents.
- Opening and conducting an inheritance case by a notary within the period established by law.
- After the expiration of time, obtaining a certificate of inheritance.
- Re-registration of the received property with the Rosreestr authorities.
Despite its apparent simplicity, this process sometimes contains a number of nuances. Another action the wife should take when her husband dies is to try to find a will, on the basis of which it will be extremely clear which scenario is possible.
Contacting a notary
When the death certificate is in hand, you should choose a notary at the place of residence of the deceased. You must first collect documents that must be presented.
Their list includes:
- civil passport of the applicant (spouse);
- stamp death certificate;
- marriage certificate;
- will (if there is one);
- title documents on property, depending on the inherited object.
Once all of them are handed over to the notary, he checks their authenticity and makes copies. Then the applicant writes a statement about his right to inheritance. As soon as the application is submitted, the official opens an inheritance case.
Deadlines for registration
The general period for opening an inheritance is 6 (six) months after the death of a person. Conducting a case can take up significantly more time.
The main thing when visiting a notary is to provide a mandatory list of documents on the basis of which the case is opened, without violating the deadlines.
The legislation makes it possible to bring a number of title documents for property to a notary after some time, but no later than the day of its closing. The main thing is to open a case, and then you can deliver certificates and technical passports.
Documents for an apartment and other property
Things can be completely different. They differ in their functionality and purpose.
May be inherited:
- residential buildings;
- land;
- motor transport;
- deposits, securities;
- household appliances and furniture, jewelry.
Each property has its own list of documents. The more functionality, the more information and evidence usually needs to be provided.
So for real estate (apartment or house) you need to additionally present :
- technical certificate;
- certificate of absence of debts for payment of utilities;
- document on the estimated value of the object;
- receipt of payment of all tax payments;
- building plan.
Often a person already has some of these documents in his hands. The other part should be obtained from government agencies. It's better to take care of this in advance.
The following list is required for a car or other vehicle:
- registration certificate;
- certificate of the estimated value of the object;
- certificate of absence of tax deduction arrears.
It is important that the documents are not expired and that the item does not change ownership. The car or motorcycle must not be under arrest or mortgaged.
To receive savings from a bank you must provide:
- bank account details or the agreement itself;
- savings book;
- details of the rented safe deposit box;
If there are no account or agreement numbers, but there is reliable information that the deposits exist, the notary will independently find it by sending a request.
When there is a question about shares, you should provide:
- information about the legal entity;
- extract from the organization's register.
An extract from the register can be taken by any person claiming an inheritance. To do this, you should meet with a representative of the department or HR department, or another authorized person in the organization who can resolve this issue.
