Opening of inheritance: time and place of opening of inheritance

Grounds for opening an inheritance

The opening of inheritance occurs in the event of the death of the testator. In practice, the death of an individual means:

Biological death. Death of the owner from illness, natural causes, or injury.
Declaring a citizen dead. Making a court decision due to a long ( more than 5 years ) absence from the last place of residence. The exact date of reference is the day the latest information is received from the owner. The exception is the situation when a citizen disappeared under circumstances that threatened his life (natural disasters, during military operations). Then the period of absence of information is 6 months .
Establishing the fact of death. Making a court decision due to the absence of the body of the deceased, in the presence of accurate information about his death.

Example. A person is declared dead if relatives or other interested parties suspect that the owner is dead. Establishing the fact of death is possible if it is reliably known that the owner of the property died, but his body was not found. For example, in the event of falling into an abyss.

The main document for opening an inheritance is the death certificate of a citizen. The document is issued by the district registry office. The law provides for the possibility of contacting the department:

at the place of death of the citizen;
at the place of last registration of the deceased.

The certificate will be issued on the basis of one of the following documents:

in case of biological death - a medical death certificate;
when declaring a citizen dead - a court decision declaring the citizen dead;
when establishing the fact of death - a court decision to establish the fact of death.

Role and actions of a notary

It is mandatory to contact a notary when drawing up a will. The issue is regulated by Art. 1125 of the Civil Code of the Russian Federation. This process is quite complex and therefore requires specialist knowledge. The notary must help describe all the property and distribute it among the heirs so that in the future there will be no problems with distribution. After drawing up a will, the testator can again contact a specialist in order to change the conditions for the transfer of the inheritance. Art. 63.2 of the Fundamentals of the Legislation of the Russian Federation “On Notaries” describes all actions of a notary in the presence of a will.

The next work of a specialist in a case begins after the death of a person. The role of the notary is to start the process after he receives the death certificate of a citizen. The notary is obliged to read out the text of the will, notify all heirs, and resolve documentary issues. When he settles all the details, the property can be transferred.

If there is no will initially or is revoked for any reason, then the notary is obliged to conduct the case from the very beginning. First of all, his duty is to open a case immediately after the death of a person, and then inform all relatives of the deceased. Next, he is required to collect a package of documents for all the property of the deceased. The last stage in the case, the notary must resolve inheritance disputes and distribute shares in order of priority in accordance with Art. 63 Civil Code of the Russian Federation.

What is the time, the moment of opening the inheritance

The time for opening an inheritance is determined depending on the basis for the opening:

in the case of biological death, the day of death indicated in the medical death certificate is recognized;
if the fact of death is established - the day specified in the court decision;
in the case of declaring a citizen dead - the day the court decision enters into legal force.

If the participants in the process appeal the decision of the court of 1st instance in an appeal, then the procedural document gains force based on the results of the hearing of the case in the appellate court.

If a citizen declared dead went missing under circumstances that threatened his life, the court may establish the expected date of his death. Each case is considered by the court individually. The basis of the court decision is categorical evidence of the facts stated in the claim.

Example. The testator has gone missing. On the eve of his disappearance, strangers threatened him with physical harm. Contacting law enforcement agencies was unsuccessful. Six months later, the man's body was still not found. Relatives of the missing person went to court. The man was declared dead. The court decision came into force on March 15, 2017. Based on the judicial act, the relatives received a death certificate.

Nuances

The main nuance of opening an inheritance is the timing. If they are missed, it is worth filing a lawsuit in accordance with Art. 1155 of the Civil Code of the Russian Federation. There is a possibility that the deadline will be extended:

for 6 months if the first heir was removed;
for 3 months if the share is transferred after the refusal of one of the heirs.

If there is no information about the existence of a will, then you should find out about it from a notary. It often happens that the heirs simply do not know about its existence.

If necessary, the court is authorized to challenge an open inheritance. As a result, the entry period may be extended and the plaintiff's demands may be satisfied.

What is considered the place of opening of inheritance?

Options for where to open an inheritance

No.	Option	A comment
1	Place of last permanent registration of the deceased owner	Determined by a certificate from the housing department or passport office. The most popular option.
2	Location of property	If there is no data on the last place of registration or if the citizen recently lived outside the country
3	Location of real estate owned by the deceased	If a citizen had many properties located in different places
4	Location of the most valuable property	If the estate does not include real estate. An appraisal must be carried out to determine the value.
5	By a court decision to establish the place of opening of the inheritance	If there is no information about the location of the inherited property

The place of opening of the inheritance is usually determined by the residential address of the deceased subject (Article 1115 of the Civil Code of the Russian Federation). The remaining options are used quite rarely.

How to open an inheritance case during self-isolation and quarantine?

The pandemic period has caused a lot of discomfort for everyone, including those who should receive rights to the inheritance. Many notary offices have temporarily suspended their work. However, experts say work on urgent cases continues. You can become a legal successor or refuse this through a preliminary registration.

Those who live in other cities should not have any questions, since the post office continues to operate as usual, which means the documents will be sent in a timely manner. If the letter is delivered with a delay, then there will be no problems, since specialists take such subtleties into account.

How does the inheritance open?

Based on one of the supporting documents, a death certificate is issued. The date indicated in the document is considered the date of opening of the inheritance.

To obtain the necessary document, the heirs need to provide the following papers to the registry office:

application (form No. 21);
a copy of the applicant's passport;
ID card of the deceased (if available);
document - basis (medical death certificate, court decision).

The first time a death certificate is issued free of charge. A state fee is charged for issuing a duplicate document. Its size is 350 rubles .

If the original is lost, the certificate must be restored.

How much does it cost to open an inheritance with a notary?

Acceptance of an inheritance fund is a paid procedure. The notary charges several fees for this matter:

state duty (must be paid and depends on the value of the inheritance);
payment for individual services (consultation, drawing up an application, paperwork, etc.).

The state fee is paid directly by the legal successor. The presence of a will does not affect this point in any way. If there are several legal successors, then only one of them pays everything and provides the others with a receipt for payment. The amount is then divided among the heirs, taking into account the size of the share in the inheritance. The one who initially paid receives part of the amount back (the payer's share is subtracted from it). To avoid any circumstances that could lead to misunderstandings, it is recommended to draw up receipts.

The amount of the state duty is not fixed, so it cannot be named. This is influenced by the amount of all the property of the deceased. The assessment of the inheritance mass is carried out by specialists from government services or private bureaus who have the authority to engage in such activities.

The law states that successors who belong to the first priority must pay 0.3% of the amount received by the appraisers, and the rest - 0.6%.

What to do if the inheritance case is open but not completed

The closure of the case may take up to 5 years, but, under standard circumstances, its completion occurs after all successors have received evidence.

In a situation where the case is not completed for any reason, the relatives who have registered their share have no reason to worry. Especially if the inherited property was distributed taking into account all existing legal successors.

Opening an inheritance gives its recipients the opportunity to assert their rights and claims regarding the property of the deceased. And the main task of the applicants is to take advantage of this opportunity in the most rational way. And it’s even better to allow the lawyers of the site https://ros-nasledstvo.ru to help you with this. Our specialists will prepare a competent response to the client’s request as part of a free consultation and will assist in resolving difficult inheritance issues.

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Peculiarities

Opening an inheritance case is primarily necessary to accept the property of the deceased. But entering into an inheritance is possible without contacting a notary. Art. 1153 of the Civil Code of the Russian Federation provides successors with the opportunity to postpone the official registration of inherited property and begin its actual possession.

The actual acceptance of the inheritance is considered complete if the heir begins:

use the object of inheritance;
take measures to protect it, including by submitting an appropriate application to a notary;
manage property independently or through a proxy;
pay off debts of the deceased;
receive sums of money due to the testator from third parties;
pay at your own expense the costs of maintaining the inherited property.

However, actual inheritance cannot become a full-fledged analogue of a notarized one, and in most cases, successors sooner or later have to turn to the services of a notary. First of all, this is necessary for state registration of the object of inheritance. And, if registration of real estate can wait, then the rest of the property subject to state registration cannot.

The vehicle must be re-registered to the new owner within 10 days from the receipt of the certificate of inheritance; without this, it is prohibited to use the car.

A bank deposit cannot be obtained without a certificate of title issued by a notary. The same applies to a share in a business company and an inherited enterprise.

An untimely visit to a notary entails a string of difficulties. The successor will have to prove the fact of acceptance of the inherited property in court and only then, on the basis of a satisfactory court decision, register the property.

Price

The opening of an inheritance case is carried out by a notary free of charge. There is no state duty for such an action. All costs begin with the provision of probate services.

The state fee is paid only if a certificate of inheritance is received. It amounts to:

0.3% of the value of inherited property for father, mother, spouse, children, siblings;
0.6% - for other heirs.

There is another category of expenses - legal and technical services (LTS) provided by a notary. Prices for them are set by the notary chamber for each subject of the Russian Federation separately. As an example, we can consider the tariffs for UPTH in Moscow:

Opening and reading of a closed will - 2,600 rubles.
Certificate of right to inheritance for unreceived pensions/bank deposits/real estate/other property - 500/1000 for a deposit amount up to 100,000 and 3,000 - over/5,000 per object/3,000 rubles. per object.
Certificate for the marital share of real estate/other property - 5000/3000 rubles, regardless of the number of objects.
Agreement on determining shares - 5,000 rubles.
Agreement on the division of inheritance - 5,000 rubles, an additional payment of 1,000 rubles is charged. for each object, starting from the 4th, but not more than 10,000 rubles.
Implementation of measures to protect the inheritance - 3000 rubles. per hour (excluding fees for travel and inventory of property).
Establishment of trust management of objects of inheritance - 15,000 rubles.
Other actions of a notary - 1000 rubles.

The opening of an inheritance case is within the competence of a notary, but is carried out only after the interested person has made an application to receive property rights and obligations or, conversely, to renounce them. Each of these goals requires compliance with specific rules and is subject to certain regulations, the peculiarities of which the lawyers of the site ros-nasledstvo.ru know everything about. Contact them for free advice on opening an inheritance case at any time of the day and receive an answer in online consultation format within 5 minutes.

Acceptance deadlines

According to Article 1154 of the Civil Code of the Russian Federation, it is possible to receive inherited property only within a certain period. After the period of acceptance, a change in the legal order of successors or alienation of property in favor of the state occurs (escheat).

It is actually possible to contact a notary or accept an inheritance only within six months from the date of death of the testator. If the type of heir changes, the period may be extended by an additional three or six months.

Difficulties may arise for heirs who did not know about the inheritance and missed the deadline for its acceptance. According to the law, entry rights are not taken away from late recipients, but they can be restored only in two ways:

Obtain consent from all persons accepting the inheritance.
Apply to the court with a claim to restore the terms of entry.

In this case, the applicant who missed the entry deadline is required to prove the valid reasons for his inaction in relation to the registration of the inheritance. For example, for the court, valid reasons for missing a deadline may be illness or a long stay for work in another region (country).

You can learn in detail about how and where to accept an inheritance from our lawyer. An experienced specialist in inheritance matters is ready to advise you free of charge on any situation and suggest a solution within the framework of the legislation of the Russian Federation.