How to prove kinship for inheritance: with sister, brother, father, mother

Last modified: January 2021

The death of a loved one entails the execution of certain mandatory procedures that cannot be performed by strangers. To complete documentation related to sad events in the life of a family, it is often necessary to prove kinship. Even if the family ties were very close, you will need to present papers proving this. Since it will not be possible to confirm kinship with a deceased relative by presenting a certificate of cohabitation, and oral statements will not help, you will have to resolve the problem of establishing blood ties.

When is it necessary to confirm relationship?

The fact of relationship between the heir and the testator can be established after checking the documents proving their identity. You can also confirm your relationship with a deceased citizen by presenting to the notary a certificate from the registry office, a marriage certificate, a document issued by a foreign state, an extract from the birth register, a court decision, etc. Problems when obtaining a certificate of inheritance may arise if:

the necessary documents have not been preserved or have been lost;
the surnames of the heir and the testator do not match;
there was an error or typo in the document;
the heir and the testator have the same surname containing the letter “e”, but for one of them it is printed with an “e”.

Recently, the likelihood of situations arising where an heir needs to prove kinship with a deceased citizen has decreased significantly. This is due to the transition to electronic document management in government agencies. But the occurrence of such a problem cannot be completely ruled out.

Why is proof of relationship required?

There are many reasons why confirmation of family ties may be needed. Most often, documentation is needed in the following cases:

Family burial - to bury a body in a family grave, it is necessary to confirm that family members are buried on the site.
Registration of inheritance - provides for the division of the property of the deceased between relatives and requires recognition of the rights of the heir.
Compensation for funerals is provided to the person responsible for the funeral. In this case, in addition to other documents, confirmation of family ties may be requested.
Registration of a pension benefit for the loss of a survivor - issued only to persons who are close relatives of the deceased.
Solving emigration issues - when in order to move you need to confirm your belonging to a certain nation.
Re-issuance of a burial passport is performed when the person in charge changes and requires confirmation of relationship with the new manager.
Reburial, exhumation - may be necessary to transport remains to another cemetery, determine the exact cause of death, etc.

Pre-trial determination of kinship

Going to court will most likely not be necessary if you still have papers that record the fact of your relationship with the testator. First of all, these are civil passports and birth certificates.

Even if the documents are lost, the necessary information must be stored in the archives of the registry office. In this case, the interested citizen should apply there to obtain a certificate confirming that he is a relative of the deceased. Before the civil registry office was formed in 1918, the corresponding entries were made in the parish registers. During the time of Tsarist Russia, churches were endowed with such functions. Later, all records were transferred to the archives of the registry office.

To re-receive documents proving kinship with the deceased, you can contact not only the registry office, but also the MFC located at the place where the inheritance was opened. If you do not have a properly certified document in your hands, which sets out a previously rendered court decision, you will need to contact the court where the case was heard to obtain a copy of it.

If the heir or his deceased relative has changed his last name, it will be necessary to provide a document confirming this fact (for example, a marriage certificate).

Order of the Ministry of Justice of the Russian Federation dated October 1, 2018 No. 201 establishes the following forms:

Application for issuance of a repeated birth certificate. Form No. 25; Application for issuance of a repeated adoption certificate. Form No. 27; Application for issuance of a repeated certificate of name change. Form No. 29.

How to confirm relationship with mother or father

The need to confirm your relationship with your mother or father may arise if you have different surnames. In this case, you will need to prepare papers with which you can confirm the fact of the change of surname. In particular, such documents include a marriage certificate. You can also confirm the fact of a change of surname in connection with the conclusion of a marriage union using a certificate received from the registry office.

Sometimes there are annoying mistakes and typos in personal identification documents. The heir may face considerable difficulties, even if his last name differs from the parent’s last name by only one letter. In this case, to make the necessary corrections, you should also contact the registry office and submit an application with a request to change the spelling of your last name to its correct version.

The issue of the letters “e” and “e” deserves separate consideration. From the point of view of the rules of the Russian language, these are completely different letters, but from the letter of the Federal Notary Chamber No. 279/06-06 dated February 15, 2013, it follows that in documents these same letters should be considered equivalent. But this recommendation only applies if “e” instead of “e” in the spelling of a surname does not interfere with the correct identification of a citizen. If the notary cannot clearly establish the identity, the interested person will have to visit the registry office and submit an application to correct the surname or name.

How to confirm relationship with a brother or sister

In a situation where the heir needs to prove that he is the brother or sister of a deceased citizen, he will need to present his birth certificate, as well as the same certificates of the testator and parents. In addition, you can also show the pages of the parents' passports (if they are alive) with a record of the children.

If the parents are no longer alive or the necessary documents are missing, you will need to go to the registry office and request a certificate confirming the relationship.

How to confirm kinship with a nephew

In accordance with Part 2 of Art. 1143 of the Civil Code of the Russian Federation, nephews inherit the property of a deceased relative by right of representation. Let us explain what this means with a specific example. Let’s say that two brothers, an uncle and a father, die as a result of an accident. At the same time, the father has no other brothers and sisters. There are also no other first-line heirs. After death, the property that belonged to him, by law, should have passed to his brother, but since he also died, not the brother, but the nephew, would inherit by right of representation.

In order for a nephew to confirm his relationship with a deceased relative, he must present to the notary the birth certificate of his uncle and a similar certificate of the parent who did not live to accept the inheritance. If the necessary papers are not available, you can get a certificate from the registry office.

In what cases can nephews claim inheritance?

How to confirm relationship with a grandson

The legislation also classifies grandchildren as heirs by right of representation (Part 2 of Article 1142 of the Civil Code of the Russian Federation). It follows that to prove kinship, birth certificates of the heir, as well as his deceased parent and grandmother (or grandfather), will be required.

For more information on how to enter into an inheritance for grandchildren after the death of a grandmother or grandfather, read the article: When grandchildren have the right to inheritance

How is inheritance distributed among relatives?

A will, as an expression of the will of the deceased, contains instructions for the distribution of his property in the event of death. In it, the testator has the right to bequeath his property at his own discretion.

If the deceased has not made a will, then his property is inherited by law . In Articles 1142-1145 of the Civil Code, the following lines of inheritance are approved:

Spouses, parents, children of the testator, including adopted children.
Brothers and sisters, grandparents.
Sisters and brothers of parents (aunts and uncles).

Children of heirs of the first three orders, by virtue of the above articles, inherit by right of representation , i.e. in the event of the death of their parents before the opening of the inheritance or on the day of the death of the testator, they acquire their inheritance right.

Subsequent queues are established depending on the degree of relationship , determined, in turn, by the number of births that separate relatives:

The third degree of relationship is great-grandparents.
Fourth degree of kinship - children of nephews, brothers and sisters of grandparents.
Fifth degree of kinship - children of heirs of the previous line and cousins.
Stepsons, stepdaughters, stepmother and stepfather are called as heirs of the seventh line.

Attention

First, the heirs of the first stage are called to inherit. Each subsequent turn is called upon if the heirs of the previous ones are absent or they all refused to accept the inheritance.

In addition, according to Art. 1148 of the Civil Code, disabled people are also heirs if they were dependent on the testator during the year before the day of death. They are called upon to inherit along with the heirs of the first priority, and if there are none, then with the second priority, etc. In the absence of other heirs, they are recognized as heirs of the eighth order.

Procedure in case of missing documents

If the required document has been lost or rendered unusable, you should contact the registry office to obtain a duplicate. This must be done within 6 months allotted for accepting the inheritance.

The interested citizen will need to write an application requesting a duplicate of the lost document. It should be accompanied by a certificate of opening of an inheritance case and other papers to prove the need to obtain a new document.

In most cases, the required papers can be restored without legal proceedings.

Establishing relationship in court

If the necessary documents have been lost, and the registry office archive does not contain the information necessary to restore them, you will have to go to court. In such a situation, the interested citizen must prepare an application to establish the fact of family relations with the deceased relative. In accordance with Art. 267 of the Code of Civil Procedure of the Russian Federation, the applicant should:

indicate that the purpose of establishing this fact is to enter into inheritance rights;
provide a list of evidence that demonstrates that the lost document cannot be obtained or restored out of court.

Application for establishing family relations

If an application is submitted on your behalf by a representative, you will need to attach a power of attorney or other document confirming his authority.

Preparation of documents for filing with the court

The following documents must also be submitted along with the application:

documents that confirm that copies of the statement of claim and the documentation attached to it were sent to other participants in the process (as a rule, such a document is a notification of delivery);
a receipt allowing you to confirm the fact of payment of the state fee for filing an application with the court (if the applicant is exempt from paying the state fee, you will need a document confirming this);
papers proving that it will not be possible to obtain the necessary documentation in other ways (for example, a properly executed refusal to provide the applicant with the information he needs, including due to its absence in archives or databases);
documents that allow you to confirm the circumstances on the basis of which the applicant puts forward his demands (if such papers are available).

It will be easier to prove kinship without the necessary documents if witnesses are involved in the process. If you still have personal correspondence with a deceased relative, this will also be taken into account by the court when considering the case on the merits.

Determination of jurisdiction

Based on Art. 266 of the Code of Civil Procedure of the Russian Federation, an application should be submitted to the district court located in the area where you live.

Deadline for receiving a court decision

If the court case is not highly complex, it will be considered within 2 months after the date of filing the application with the court. If there are complicated circumstances (for example, if a genetic examination is necessary), this period may be extended for another month.

When a decision is made in favor of the applicant, he will receive a document confirming his relationship with the testator.

You may find it useful: Samples of applications and documents for inheritance

Ritual

If you need proof of kinship for burial, please contact us for help. We provide professional services for organizing funerals and are ready to help with paperwork. The staff of the funeral bureau will advise on any issue and help you obtain the necessary certificate in a short time.

The main goal of our agency is to provide clients with affordable and high-quality service, taking into account every detail. We take care of all the hassles of holding a funeral and provide the following services:

preparation of documentation;
resolving issues with the morgue;
provision of a coffin and ritual accessories;
search and registration of a place in the cemetery;
digging a grave;
carrying out cremation procedures;
provision of hearse transport;
conducting a funeral;
organizing a funeral service in a church or other rituals according to the religion of the deceased;
installation of a monument, fence.

If you are in trouble, you can count on our company. We will take care of the funeral arrangements and hold a decent funeral ceremony.

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