Where is the will kept: before and after the death of the testator?

A will is a legal document that allows the heirs to dispose of the citizen's property, which will go to them after his death. Like any other document transferring property rights, it must be drawn up according to certain rules and be in such a place that the heirs or executors can easily find it after the death of the testator. Let's find out how to find out where the will is kept, and where to go if you couldn't find it at the deceased's home.

Legal aspects of the issue

Legal relations between property wills are regulated by the norms of Chapter 62 of the Civil Code of the Russian Federation.
Based on them, you can register your will at any notary office located on the territory of the Russian Federation. The document is drawn up in written form. Wills that are not written according to form may be challenged in court as having no legal force. The notary examines the document, checks its correctness and completeness, and then certifies it. The will is written in two copies: the first remains in the notary’s office, the second is handed over to the citizen for safekeeping.

Any capable citizen, starting from the age of 18, can make a will. An exception is made for citizens who started a family before reaching adulthood: they have the right to dispose of their property starting from the date of marriage.

Contents of the document

The main thing you need to know about a will is that its contents must remain secret until the death of the testator. You can write orders regarding property several times, and the document has legal force from the latest date. It is also permissible to make adjustments to an already prepared will if the life circumstances of the persons mentioned in it have changed, or the will of the citizen who has decided to dispose of his property ().

A will is a unilateral transaction, so everyone must express their wishes regarding the future fate of the acquired property independently. No one has the right to interfere with the free expression of the manager (). The document must include the date and time it was written.

Let us list the rights of the testator:

deprive legitimate claimants of the inheritance of their share partially or completely;
divide real estate into shares;
determine a sub-designated heir (a citizen who will take over if the first heir indicated in the document is unable to accept the inheritance for some reason);
insert special instructions into the document (inheritance, refusal).

When drawing up a will, the right to an obligatory share () must be taken into account. It represents a part of the inheritance that goes to minor or disabled close relatives of the deceased, regardless of his last will. By law, they will receive at least half the share that they would have acquired in a normal inheritance.

At the request of the testator, witnesses are invited to the transaction and will sign the document after it is drawn up. In the event of conflict situations, they will confirm that the testator expressed his will while being of sound mind, and it was reflected correctly.

Procedure for proclamation of a will

It is believed that a will must be opened on the day of death or on the day the court decision entering into legal force establishing the fact of the death of the testator. But it must be taken into account that the notary does not receive information about the death of the testator from sources other than the documents submitted by the heirs.

The proclamation of a testamentary disposition takes place in the presence of a notary - or the one who directly certified the document. Or any other notary whom the heirs contacted, if the original will is in their hands.

After the notary verifies the legality and validity of the document, he performs the following actions:

Forms a circle of heirs under the will;
Establishes a mandatory share that the heirs receive regardless of the content of the testamentary disposition.
Distributes inherited property among heirs;
Issues a certificate of inheritance to the heirs.

About where to go and what to do in the article “Opening an inheritance case with a notary.”

Announcement of a closed will

A closed will differs from an ordinary - open - not only in the order of execution, but also in the order of announcement. A closed will is handed over to the notary by the testator personally in a sealed envelope in the presence of witnesses - who put confirming signatures on the envelope - and is stored in the notary's office. Heirs do not have the right to open a closed will on their own. The notary announces it after the heirs submit an application and submit the necessary documents confirming the death of the testator (see “Procedure for receiving inheritance under a will”).

For a closed will, the deadline for its publication is set - no later than 15 days from the date of receipt of documents from the heirs.

The opening of the envelope with a closed will occurs in accordance with the procedure established by paragraph 4 of Article 1126 of the Civil Code of the Russian Federation.

Sequencing:

Obtaining from the heirs identification documents confirming the death of the testator.
Establishment of family ties between the heirs and the testator.
Setting a time for opening the envelope and explaining to the heirs the procedure for the upcoming procedure.
Notifying relatives and heirs by law about the date and time of opening of a closed will - by sending notifications to their place of residence or publishing an announcement in the media.
On the appointed day, opening the envelope with a closed will is mandatory in the presence of the heirs (or their representatives by law or power of attorney) and two witnesses .

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

First, the notary reads the information from the first envelope: information about the testator (full name, place of residence), date and place of acceptance of the closed will, information about the witnesses who were present at that moment (full name, place of residence) . Then the first envelope is unsealed - carefully so as not to damage the notes on it. Those present are shown an inner envelope with a notary inscription and signatures of witnesses who were present during the notarization procedure. Then the second, inner envelope with the testamentary document is printed - carefully to preserve the notes and signatures on the envelope and not to damage the document inside the envelope.

Reading out the will of the testator - demonstrating the document to those present.
If necessary, an explanation of the contents of the testamentary disposition.
Drawing up a protocol of the procedure carried out in the form prescribed by the Ministry of Justice of the Russian Federation, reading the protocol out loud to everyone present, signing the document by a notary and two witnesses (if witnesses refuse to sign the protocol, a corresponding mark is placed in the document), entering information into the register.
Issuance of notarized copies of the will and protocol to the heirs. The original will and envelopes remain in the custody of the notary.

Sample protocol on opening of a will

Price

The publication of a will is a paid service of a notary. The heirs bear the costs of legal actions.

Opening the envelope and reading out the last will of the deceased testator by a notary will cost 300 rubles (clause 14, clause 1, article 333.24 of the Tax Code of the Russian Federation). Even if there are children, parents and spouses among relatives, the tariff is the same for everyone. At the same time, the heirs will have to pay for legal and technical services ( UPTH ). Prices vary and are set in each region. Maximum tariffs can be tracked on the website of the Notary Chamber of the Russian Federation. Typically, notaries charge from 1,000 to 4,000 rubles for work.

You can learn about other expenses from the article “How much does it cost to inherit?”

Thus, the last will of the testator regarding the disposal of his property is announced to relatives and other interested parties in a manner strictly regulated by law. Violation of the established procedure may become grounds for challenging the will.

Conclusions:

The will is announced only after the death of the testator.
The heirs can contact any notary and find out where the will is located.
A closed will is kept in a sealed envelope - only a notary can open it and read out the text of the letter.
Heirs and witnesses must be present when the will of the deceased is announced.
The notary draws up a protocol that the envelope has been opened and the will has been read to the heirs.
The deadline for proclamation of a closed will is no later than 15 days after the opening of the inheritance case.
The cost of paying for the notary's actions is 300 rubles.

Inheritance is a legally complex procedure with many pitfalls.
Inheritance under a will is no exception. And if, as a rule, no problems arise with the reading of the will, difficulties await further. For example, if the will indicates unworthy heirs or it is necessary to take into account the obligatory share. Not all issues are resolved peacefully. Often you have to defend your interests in court. If you have questions about a regular or closed will, you do not agree with the notary, or you are worried about your share in the inheritance, contact a lawyer. Free consultations will help you understand what to do next and where to go? Many issues can be resolved at the pre-trial stage, but for this you need to draw up an algorithm of actions. Lawyers will advise you on the main points and help you understand the documents. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Irina Garmash

Family law consultant.

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Can a will be declared invalid?

Since drawing up a will is the sole prerogative of the testator, relatives and friends may not be aware of the existence of this document. Sometimes its presence, and most importantly its content, becomes an unpleasant surprise for loved ones.

There are circumstances in which an order drawn up by the testator is considered void. The main thing among them is the citizen’s incapacity at the time of writing a will, the reason for which is:

severe mental disorder;
being under the influence of alcohol, narcotic or psychotropic drugs.

A document drawn up under threat to life and health or other physical or moral pressure is also invalid.

Contesting a will is carried out exclusively in court. Moreover, both the entire document and its individual provisions can be declared invalid.

When does a will come into force?

When does a will come into force? Knowing the answer to this question is important for the heirs, since only from the moment the testamentary disposition comes into force can one open an inheritance case with a notary and accept the property.

After the death of the testator

A will is a written order that has legal force, but it comes into full effect only after the death of the testator and the opening of the estate.

Consequently, the testamentary disposition is announced to the heirs, and the latter's right to the property of the testator arises only after the death of the latter.

This is confirmed by the need to submit a death certificate to the notary.

For an apartment

Entering into inheritance rights to an apartment includes several stages:

Submitting an application for the right of inheritance to an employee of the notary chamber.
Opening an inheritance case.
Preparation of the necessary documentation.
Registration and issuance of a certificate of right to inherited property.
Registration of living space, payment of fees.

Why do you need to draw up a will for an apartment?

Any living space is quite expensive, so in order to avoid disputes between the owner’s heirs about the future fate of the property, it is wise to plan in advance who will own it after the owner’s death.
However, you can only bequeath your own apartment (purchased independently, privatized, received under a gift agreement, exchange, etc.). Therefore, before making a will, you need to make sure that all real estate documents are in order. If not, you should complete the paperwork. When writing a will, you should immediately decide on the number of heirs, decide whether you will set additional conditions for them to enter into their rights, and write down the share of each as a percentage. Remember that a testamentary disposition is intended to eliminate disputes between people close to you over the division of property.

Drawing up a will does not cancel your right to use the apartment: you can live in it alone or with relatives, make repairs, or rent it out. If necessary, the order may be revised or canceled.

How long does it take for a will to come into effect?

Under current law, the only way to dispose of owned property in the event of death is by drawing up a will.

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From a legal point of view, the document is a unilateral transaction.

Why is it important to find a will after the death of the testator?

According to current legislative norms, operations with inheritance are carried out six months after the death of a citizen.
If one or more heirs renounce their share, this point must be recorded by a notary. If the agreed period is missed, the heirs will have to go to court. It is logical to start the search for a will with the living space where the deceased recently lived. To understand where a document is stored, you need to know his habits and lifestyle well, otherwise it will be difficult to find the papers.

It is good if peace and harmony reign among the heirs, and the discovered will does not contradict their expectations. But sometimes it happens that the deceased signs off his property not to relatives, but to strangers. In this case, relatives may in every possible way prevent the publication of the document. There is a reason for this: if you do not declare your rights in time, the property goes to those who are the heir by law. And challenging a will after other people have inherited is quite difficult.

Effective time

The will comes into force simultaneously with the opening of the inheritance, that is, from the date of death of the testator. From this moment, the appointed successors have the opportunity to accept the property, rights and obligations determined for them by the testator during his lifetime.

The date of opening of the inheritance is confirmed by the date indicated in the medical report and subsequently in the death certificate. If there is no such information (the body of the testator was not found), the day of his death is established by the court. This happens when:

the testator did not appear at his place of residence and his family members did not hear anything about him for five years;
six months have passed since he disappeared under life-threatening circumstances;
the serviceman did not return to his place of residence and did not make himself known in any way from the day he disappeared and after two years had passed from the end of hostilities.

This is interesting: Certification of a will in a hospital 2021

It is important for heirs to remember that the validity period of a document is limited to six months from the date of death of its originator. After this period, the inheritance is considered not accepted and the rights to it are transferred to the designated successors, distributed among those who have already registered the property of the deceased or those who in this case acquire the possibility of inheritance by law.

The period can be extended only if the omission was made for valid reasons, and the “unpunctual” citizen will be able to prove this to the court. Or rely on the goodwill of the remaining heirs, who, after registering their rights, will give unanimous permission to include the late successor in their circle.

How to discover a will

If you cannot find a will in the apartment or house of the deceased, you will have to contact the nearest notary office.

To contact a notary you must prepare:

documents confirming family ties with the deceased;
a certificate from the place of residence confirming registration at the specified address;
passport;
death certificate of the applicant.

In addition to a notary, some other officials, for example, the director of a nursing home, the commander of a military unit, and a sea captain, have the right to certify testamentary dispositions.

If the visit to the notary is unsuccessful, you need to contact the notary chamber. It stores information about all documents drawn up by legal entities and individuals. The documents listed above will be required for the visit. A response to a written request will be prepared within 1-2 months: you will receive a notification about which notary office the will was drawn up and who executed it.

Read: Is inheritance received during marriage divided in case of divorce?

Results

The contents of the will are announced only after the death of the testator.
The announcement procedure takes place in accordance with the procedure established by law. Any violation of it may serve as grounds for challenging the will.
To find out where the envelope with the will is located, you can contact any notary.
The opening of the envelope with the closed will and the announcement of its contents occurs in the presence of all heirs and witnesses within 15 days after the applicants’ application.
After the reading of a closed will, the notary is obliged to draw up a protocol.
Heirs are required to pay a state fee of 300 rubles. for opening the envelope and reading out the closed will.

You can get a free consultation with a lawyer on inheritance matters on our website - write in the feedback form or call the specified contact numbers.
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Legislation on inheritance by will

The procedure for drawing up a will, the terms and procedure of inheritance are regulated by the Civil Code of the Russian Federation (Part 3): there is no special legislation in this area. In addition, certain provisions regarding inheritance are also contained in the Family and Tax Codes, as well as in the Federal Law “On Notaries”.

Thus, the legislation clearly defines the moment the will comes into force, as well as the period of time during which all actions required by law must be performed.

How to find out about an inheritance

To briefly summarize what was written earlier: since an inheritance that is not due by law can be transferred only by will, in order to find out that it awaits you, you need to find out about the existence of a will. This can be reported by:

the testator himself is still alive;
his relatives or loved ones to whom he told about the document;
notary or notary chamber.

This should be done as quickly as possible, since the entire process of registering an inheritance must be completed within six months from the date of death. Although, if you were not informed about the fact of death, then you can renew the period for inheritance through the court. It will be more difficult to do this if you knew about the death, but not about the inheritance. This is unnecessary hassle, so sometimes it’s worth checking to avoid it.