Who can claim the inheritance
You can claim your rights to the deceased's property in several cases.
You have the right to an obligatory share in the inheritance
This is a priority reason for receiving an inheritance. Persons in this category participate in the division of property, even if the deceased wanted to dispose of it differently.
Among those who have the right of the Civil Code of the Russian Federation, Article 1149. The right to an obligatory share in the inheritance for an obligatory share in the inheritance:
- minor or disabled children of the deceased;
- disabled spouse and parents;
- disabled dependents of the deceased.
Disabled people, pensioners, and pre-retirees are recognized as disabled - men over 60 years of age and women over 55.
Persons in this category must receive a share of at least half of what they would have been entitled to upon inheritance by law (more on this below). Even if they are mentioned in the will, but their part according to this document is less than the amount determined by law, it will be recalculated to the required level.
However, the opposite is also possible. The share may be reduced or denied if the inheritance includes housing in which another heir permanently resides, or something that he uses to earn money.
If persons from this category receive a share in the inheritance fund (more on that below), the obligatory part is not allocated to them.
Your name is in the will
During his lifetime, a person can write a will of the Civil Code of the Russian Federation, Article 1118. General provisions and leave property to whomever he wishes - and not only what has already been acquired, but also what is only planned to be purchased. Family ties are not important here, what matters is the will of the testator. He can choose one or more heirs and divide the property among them in equal or different shares at his discretion.
The will is drawn up in the presence of a notary. It is important that the testator is considered legally competent at this moment. If there are reasons to believe that he was not capable of thinking soberly, then his orders can easily be challenged in court.
The contents of the will are revealed only after the death of the testator.
You have entered into an inheritance agreement with the deceased
Unlike a will, it is a public document. It sets out the conditions that the heir must fulfill in order to receive the property of the deceased. For example, this is how you can transfer an apartment to a person who will carry you a glass of water in old age. If he doesn’t, he won’t get anything.
The inheritance agreement is signed by a notary by all parties. It takes precedence over the will.
If the testator changes his mind about giving his property in exchange for certain actions, he must compensate the other party for losses associated with the fulfillment of the terms of the contract.
Keep in mind that the owner of the property can freely dispose of it even after concluding an inheritance agreement. For example, selling an apartment.
You are the heir at law
If the deceased did not draw up any wills or inheritance agreements, his property will be divided in equal shares by the Civil Code of the Russian Federation, Article 1141. General provisions between first-degree heirs - children, spouse and parents. When there are no such people, then the second one is brothers, sisters, grandfathers, grandmothers, nephews. If there are no such people, then the third one is the brothers and sisters of grandparents.
Usually three queues are enough, but in total there are eight of them in the Civil Code of the Civil Code of the Russian Federation (part three).
You are included in the charter of the inheritance fund
The inheritance fund is a new form of institution for Russia. The owner of the assets can order such an organization to be founded after his death - this cannot be done during his lifetime. The fund will earn money from the assets of the deceased and pay out profits to those designated by the testator. But the heirs cannot remove the property from circulation.
The procedure for entering into inheritance in Russia
Russian legislation strictly relates to the transfer of rights to property and rights, therefore there are rules for identifying unworthy heirs. This is the name given to persons who influenced the deceased to act in their interests, ignoring the interests of other heirs or their own. This category may include relatives who did not provide care for the deceased or did not help in difficult times.
In the Russian Federation there is an effective procedure for registering an inheritance through a notary, which includes several points:
- Relatives are required to collect and submit documents. Draw up and submit a notarized application, bring a death certificate (copy or original), a document indicating the address of the deceased before his death.
- The case of acceptance is opened and character is established.
- A consultation is held with a notary, who will individually evaluate the case and determine what additional documents and manipulations should be prepared so as not to disrupt the procedure.
- Complete and pay the state fee to obtain a certificate.
- Document the fact that the owner of the inherited property has changed.
- Perform the actual transfer of rights to the heir.
- The notary issues a special certificate.
When a disposition of property has not been made, one must proceed within the prescribed legal provisions. Then factors such as the degree of relationship and the legality of inheritance are taken into account.
Inheritance contract
Registration of inheritance can take place not according to a will, but using an inheritance agreement. The will is unknown even to the participants, and the inheritance agreement provides for the knowledge of all interested parties. In addition, information is available about what conditions the heir must adhere to in order to enter into inheritance according to the law. An inheritance agreement is more authoritative than a will, and its terms will be followed first.
The agreement is concluded between the testator and the heir. This document must contain the following information:
- under what conditions the number of heirs is determined, and in what order the transfer of rights to inheritance will take place;
- executor and his terms;
- what obligations do the parties have in relation to property or non-property objects (they should not contradict the law);
- discuss the circumstances, depending on which different consequences may arise.
The inheritance agreement is limited by the provision on the allocation of a mandatory share. After drawing up the agreement, it is studied by the parties and signed. Next, the document is certified by a notary.
Even if one of the parties to the agreement renounces his share, this does not affect the rights of the other parties. The only one who can refuse the agreement is the testator, but the parties must receive notification of changes. In addition, participants can receive compensation for losses they incurred while fulfilling the terms of the contract. After the contract is terminated, the testator can fully dispose of the property, including by selling it.
How to register an inheritance
In any case, you need to go to the notary at the place of residence of the deceased and submit an application for acceptance of the inheritance. Using a unified notary system, a specialist will check whether the deceased left a will and whether there is an inheritance agreement.
As a result, you will find out whether you can qualify for the property or not. If there is a will, you will be given the contacts of a notary, with the help of which you will assume your rights. You should be aware of the inheritance agreement by default.
Olga Shirokova
Lawyer of the European Legal Service.
The application can be submitted in person, with another person, or by mail. In the last two cases, the heir's signature must be certified by a notary.
After the application, the notary will open the inheritance case. If someone gets ahead of you, your documents will be added to an already open case. You can check in advance whether someone has addressed your question on the website of the Federal Notary Chamber.
There is another option: actually accept the inheritance. In this case, the notary must submit an application to issue a certificate of inheritance. According to Olga Shirokova, it is considered that the heir has accepted the inheritance if it can be confirmed that he manages and uses the property received. For example, you can move into the testator’s apartment, make repairs there, and pay his debts.
If someone shows up with a priority right of inheritance, he can challenge it in court.
Who pays off the debts of the testator
If the successor submits an application to accept the inheritance, then the obligations of the testator automatically pass to him. This includes mortgage or consumer debt, unpaid taxes, or child support arrears. The heir is liable for obligations within the value of the accepted property.
Important! The exception is personal obligations. For example, a fine for violating traffic rules or monthly alimony payments. These obligations do not pass to legal successors.
How long can creditors file claims? The decedent's creditors have three years to file a written demand or statement of claim.
If the amount of debt initially exceeds the value of the property, the heir may refuse to accept it. To refuse inheritance under a will in accordance with Art. 1158 of the Civil Code of the Russian Federation, it is necessary to fill out a waiver application or refrain from submitting any documents.
How long does it take to accept an inheritance?
The inheritance must be accepted by the Civil Code of the Russian Federation, Article 1154. The period for accepting an inheritance is within six months from the date of the person’s death or the day on which he was declared dead. Those who can receive the property of the deceased only if the heirs of the previous orders do not accept it have three months after the expiration of six months.
If the heirs of the previous orders renounce their rights, the next applicants have 6 months starting from that day.
The deadline for entering into an inheritance can be renewed, but this requires valid reasons - for example, you were seriously ill or were abroad and did not know about the death of the testator.
Features and nuances
The main difficulty that heirs to the house may encounter is the lack of registration of ownership of the land. The testator used the plot for many years, built a house, but never acquired a cadastral passport for the land. In this case, the heirs will have to confirm in court the actual ownership, use of the land, payment of land taxes and carry out land surveying at their own expense.
A problem for the heirs chosen by the testator's decision and indicated in the order may also be the legal successors of the obligatory share in the house. These include:
- disabled spouses;
- parents of the deceased who are pensioners or disabled;
- children under the age of majority;
- dependents who have no other property and lived with the deceased during the last year at his expense.
These persons have ½ of the share in the house that they could receive according to the family order. Despite the instructions in the order, the relatives of the deceased provide documents at the place of opening of the inheritance case, confirming the relationship and the presence of special circumstances within the general time frame. If the right to use shares is not noted in the will, the heirs can enter into an additional agreement, allocating private rooms and common areas.
The sale of an inheritance, as well as a donation, is possible only after completing the registration procedure and receiving a certificate from Rosreestr. If a citizen has inherited part of a house, then an offer to sell is made primarily to the co-owners of the property. The proposal is made in writing, and other owners are given 30 days to make a decision. In case of refusal, also confirmed in writing, the citizen has the right to re-register the house or sell his share to third parties.
How much will it cost to receive an inheritance?
For a certificate of the right to inheritance, you will have to pay the state duty of the Tax Code of the Russian Federation, Article 333.24. Amounts of state fees for performing notarial acts. For children, spouse, parents, brothers and sisters of the deceased, it will be 0.3% of the value of the property received - but not more than 100 thousand rubles. The rest will have to pay 0.6% - but not more than 1 million rubles.
The value of property is determined by specialized government agencies or specialized organizations with a license.
State duty may not be paid:
- Heroes of the Soviet Union and the Russian Federation, full holders of the Order of Glory, participants and disabled people of the Second World War.
- Citizens receiving housing in which they lived together with the deceased.
- Those who inherit bank deposits, insurance, royalties.
- Heirs of persons who died while performing civic duty or became victims of political repression.
What else do you need to know
The heirs acquire not only the property, but also the debts of the deceased. They are divided in proportion to the shares received. But this does not apply to all non-payments.
Olga Shirokova
Lawyer of the European Legal Service.
Some of them are subject to a strict non-inheritance rule. These are alimony payments, compensation for damage caused to the health and property of other people, loans from individuals not confirmed by a receipt, moral compensation. The heirs have nothing to do with such debts and are not obliged to pay them.
If the deceased is mired in debt and bequeathed it to you, sometimes it is more profitable to refuse the inheritance. Calculate which will be better. You can issue a refusal within six months. It cannot be cancelled. It is also impossible to refuse part of the inheritance - either everything or nothing.
