Sample application to establish the fact of acceptance of inheritance

Inheritance rights are one of the types of civil rights. Consequently, this right is protected by law and regulated by a number of articles. In cases where it is impossible or difficult to exercise your right to receive an inheritance through a notary’s office, the judicial authorities will come to the rescue.

The need to protect or realize inheritance rights does not arise very rarely. This is one of the most common family disputes.

Inaccessibility or inaccessibility of documents confirming the right to inheritance. Relatives' dissatisfaction with their shares. Incorrect execution of documents by the testator. Violations of the six-month deadline for entering into inheritance. This is not a complete list of problems faced by heirs.

In this article we will try to cover as many of the most common difficult situations as possible. And also tell you how to act constructively in order to prevent undesirable consequences or eliminate them.

Basis for registration of inheritance through court

What circumstances when receiving an inheritance most often make going to court inevitable? Mainly the following:

• The heirs (or heir) actually entered into an inheritance, but did not formalize it before the expiration of the legal period, and now want to legally confirm their rights to the inherited property
• Heirs cannot peacefully divide inherited property among themselves
• There are grounds for recognizing some heirs as unworthy
• The deadline for entering into an inheritance was missed for a good reason, and the current heir seeks to “return the departed train”
• The terms of the will are disputed, or the will itself turns out to be invalid
• An heir who has the right to receive an inheritance by law has difficulty proving this right (for example, he does not have documents confirming his family relationship)
• It turned out that the property rights of the testator were not registered at the time of his death

This, of course, is not an exhaustive list of reasons for going to court on inheritance issues. In practice, there are as many families as there are so many problems. But, nevertheless, the above cases are common enough to be considered typical. Therefore, we will dwell on them in more detail.

Need a lawyer

Accepting an inheritance through the court requires special preparation. Inconsistency in the form of the claim, incorrect calculations of the amount of the state duty or lack of appropriate evidence may lead to the abandonment of the claim or refusal to satisfy the stated requirements. Therefore, before going to court, you should consult an experienced lawyer. This can be done on our website - just apply for a free call back. The lawyer will call you back at the appointed time. A conversation with an experienced specialist will help you better understand the situation and prepare for the upcoming trial.

Video about how to enter into an inheritance through the court:

Actual acceptance of inheritance

In principle, this method of entering into inheritance rights is as legal as the standard submission of a statement of readiness to enter into an inheritance to a notary and the following steps: collecting documents, paying a fee and obtaining a state certificate of inheritance. The heir actually assumes the rights and obligations associated with the inherited property. That is:

• Pays the debt obligations of the testator
• Accepts payments from his debtors
• Manages and uses inherited property
• Ensures its safety
• Pays for his maintenance

ATTENTION! It is necessary to enter into inheritance rights in fact within the same period that is allotted for notarization of inheritance rights - 6 months from the date of death of the testator.

But the actual entry into an inheritance does not negate the need to legally formalize it. This is done through the court. The statement of claim must be accompanied by documents confirming the actual ownership and use of the inherited property. These are:

• Paid utility bills
• Receipts for receipt or payment of debt amounts
• Receipts for the purchase of car parts or materials for home or apartment repairs
• Contracts with repair workers
• Certificates from the housing authority about living in inherited living space
• And any other receipts, checks, agreements, receipts and certificates confirming that the heir fulfills all obligations and enjoys all the rights of the legal owner of the property.

ATTENTION! It is important to competently draw up a statement of claim and present as much evidence as possible. In this case, the judicial procedure will become a simple formality that does not require much hassle. A sample statement of claim can be found on the Internet or seek initial legal advice. On the Prav.io portal, a lawyer will help you draw up a claim.

But if there are other heirs of this line who are dissatisfied with the actual entry of one of the heirs into possession of a certain share of the inheritance, they can challenge the court decision. For example, demand a reduction in the share of the actual heir or his removal from inheritance altogether. In this case, you may need more serious legal assistance from an experienced lawyer who will help protect your rights in court. This is already a paid service, but it is sometimes almost impossible to win without legal support.

The nuances of drawing up an application for inheritance according to the sample

Depending on the essence of the appeal, the conditions for filing, the procedural aspects and the evidence used change.

When accepting an inheritance through a special procedure, there is no need to calculate the cost of the claim, since the application is aimed at establishing a legally significant fact. The state duty will be 300 rubles. You won’t have to worry about meeting deadlines, since they are not regulated by law. It is believed that the applicant applies for the establishment of a legally significant fact only if there is a need for it.

Dispute between heirs

The inheritance is either divided into equal shares between heirs of the same order (if there is no will), or distributed according to the will. Quite often, this state of affairs does not suit relatives, who may feel that they were treated unfairly. They have the right to go to court and prove the validity of their claims.

When dividing the inheritance according to the law, the court can take into account not only the rights of representatives of a certain line (family ties), but also other circumstances. For example, living in the same territory with the testator, joint farming with him, the degree of assistance provided (if we are talking about an elderly testator). And, of course, the presence or absence of illegal actions against the testator or testator.

When inheriting under a will, the court provides shares to those categories of heirs who have the right to a part of the inheritance, even if they are not mentioned in the will. Specifically, minors and/or disabled heirs of the first stage. Elderly parents, small children, and a disabled spouse have the right to a mandatory share of the inheritance. It is less than they would have received in the absence of a will, but still, it is impossible to completely “disinherit” such relatives, regardless of the will of the testator.

Unworthy heirs

If one of the heirs of the queue, in the opinion of its other representatives, gives reason to consider him unworthy of receiving the inheritance, they can go to court to prove his unworthy behavior.

Unworthy behavior of an heir means:

• Actions aimed at hastening the death of the testator or other heirs
• Actions aimed at increasing one’s share to the detriment of the shares of the remaining heirs of the current order, or of the persons specified in the will
• Malicious and deliberate concealment of the facts of the existence of certain objects of inheritance or the existence of other legal heirs
• Obstruction of the execution of the will of the testator as recorded in the will (for example, concealment or forgery of the will)
• Failure to fulfill obligations to the testator during his life (for example, deprivation of parental rights to a child, evasion of paying him alimony, refusal to support elderly disabled parents)

If one or more of the above facts occurred, this may serve as a legal basis for filing a claim to declare the heir unworthy and exclude him from dividing the inheritance. The statement of claim is written according to the general rules for claims. The sample can be found and downloaded on the Internet.

ATTENTION! An unfounded statement about the unworthy behavior of a particular heir is unlikely to convince the court. Evidence required. If, for example, there was deception or threats to the testator in order to induce him to write a certain will, this can be proven by the testimony of disinterested witnesses, letters, and audio/video recordings. Documents on deprivation of parental rights or writs of execution indicating non-payment of alimony will prove evasion of the obligations to support the testator. And so on. The court will decide to recognize the heir as unworthy and remove him from inheritance only if there is convincing documentary evidence and/or testimony.

Late application for inheritance

Under normal life circumstances, the heirs usually have the six-month period specified by law to complete all the documents and receive a certificate of inheritance. But there are exceptions. If the heir can prove to the court the valid circumstances that prevented him from taking the necessary steps to enter into the inheritance on time, the court may revise the deadline. That is, increase it.

A specific list of valid reasons is not defined by law. In each case, the court makes an individual decision on whether the reason can be considered valid.

Perhaps, the heir being in the hospital, on a business trip abroad, or on a remote expedition can be considered undeniably valid reasons. But the list does not end there. A “late” heir must provide documentary evidence of the reason for his absence.

Whether the court will accept them as a valid reason depends on many factors. If he does not accept, the heir will have to come to terms with the loss of the inheritance. It will not be possible to receive an inheritance in any other way if the deadline is missed (unless the relatives in good faith transfer to the “latecomer” the part of the inheritance due to him on a voluntary basis).

There is one more mandatory condition. The claim must be filed no later than six months after the expiration of the six-month period. Simply put, if more than a year has passed since the death of the testator, nothing can be done.

ATTENTION! The practical complexity of such cases is aggravated if there are other heirs who did everything on time and have already inherited according to the law. If the court finds the reason for the violation of the deadline by one of the heirs to be valid, the procedure for distributing the inheritance should be reviewed. And other heirs may have already disposed of their shares - sold, donated, exchanged, or even died themselves and transferred the inherited property to their heirs. In practice, it is usually very difficult to return or compensate for part of already distributed shares. If the relationship between the heirs is not so close and trusting as to reach an amicable agreement, you cannot do without the help of an experienced, qualified lawyer.

Jurisdiction of inheritance cases

Inheritance disputes are dealt with in district courts, as well as equivalent courts - city and inter-district. Territorial jurisdiction in inheritance cases depends entirely on the parties and the composition of the estate, as well as the nature of the dispute.

• At the place of residence of the defendant, if there is only 1 defendant in the case, there is no dispute about real estate.
• At the choice of the plaintiff - if there are several defendants, and the case is not related to real estate.
• By location of real estate - in disputes surrounding real estate.

Deadlines for filing a claim

Despite the terms of inheritance defined in Art. 1154 of the Civil Code of the Russian Federation, the deadlines for going to court are:

1. no more than 6 months - if the inheritance period is missed (from the moment when the successor learned about the opening of the inheritance, or was able to apply for it);
2. no more than 1 year - to challenge a will that was drawn up under threats or other pressure on the testator (from the moment the plaintiff learned, should have learned about the contestability of the will);
3. no more than 3 years - for other claims (from the moment the plaintiff learned of the violation of his rights and legitimate interests);
4. no more than 10 years from the death of the testator - for any claims.

Challenging or invalidating a will

The will of the testator, expressed by him in the form of a will, is the law. But it will be executed only if the will itself does not contradict legal requirements. We have already talked about the special case of the “obligatory share”, which is received by disabled and minor heirs of the first stage, regardless of the will of the testator. There are other reasons to challenge the legality of a will.

Written form (we are not talking about handwriting a will, but about fixing it on paper, as opposed to an oral expression of will). Mandatory notarization. Full legal capacity of the testator. Voluntary writing of a will without coercion, physical or psychological violence. These are all non-negotiable legal requirements. If at least one of them is violated, the will can be challenged in court.

If the court finds the will invalid, its provisions will be canceled and inheritance will occur according to the law, in the order of succession of heirs.

Methods of inheriting property

Civil law provides for several ways to inherit the property of a testator.

1. Actual inheritance. Inheritance occurs upon the commission of actions provided for in Part 2 of Article 1153 of the Civil Code of the Russian Federation.
2. Notarial inheritance. The successors of the deceased submit the necessary documents to a notary, who, after the allotted period, issues the appropriate certificates.
3. Judicial inheritance. Used if it is impossible to accept an inheritance through a notary.

Important! When actually accepting the inheritance, the successors do not have documentary evidence of ownership. To prepare the necessary documents for an inheritance, you will have to contact a notary, and if the notary refuses to issue a certificate, you will have to go to court.

If there are no particular difficulties with actual and notarial inheritance, then many simply do not know how to accept an inheritance through the court. Therefore, we will understand the peculiarities of judicial acceptance of the property of a deceased testator.

The testator's right of ownership of the inherited property

Situations like this are not at all uncommon. For example, the testator initiated the privatization of his apartment, but did not complete the procedure and died. Or he acquired some property, but did not have time to undergo state registration of the transaction before his death. As a result, although the property actually belongs to the testator, it is not legally included in the inheritance.

This can be corrected legally. A claim should be filed to include a particular property in the inheritance. If evidence of the actual acquisition of property by the testator is presented, the court will satisfy the claim.

Which court should I go to to enter into an inheritance?

The law provides for two options for jurisdiction over controversial inheritance cases. Claims are filed:

• To the territorial court at the location of the defendant. The defendant may be an individual or legal entity. Claims are filed in this court that are related to the establishment of facts related to the right of inheritance. For example, if the subject of the claim is the fact of inheritance, confirmation of family relationships, etc.
• To the territorial court at the location of the inherited property. The jurisdiction of these courts includes division, ownership, use of property, recognition of property rights, etc. If the property objects of the inheritance are located in different places, a general claim can be filed in any locality where any of the objects is located.

In what cases is judicial procedure applied?

Going to court is required if a dispute arises between the successors of the deceased. Also, court cannot be avoided when confirming the rights of the heir. As a rule, inheritance is approved through a court decision if the need arises:

• contest a will;
• make a division of the inheritance;
• recognize any of the heirs as unworthy;
• inherit the unregistered property of the testator;
• restore the time limits allocated for inheritance by law;
• confirm the rights of the heir.

In the latter case, it is not a lawsuit that is filed with the court, but an ordinary application to establish a legally significant fact. These include confirmation of kinship, acceptance of inheritance in fact, dependency, recognition of the testator as deceased, etc. You can learn more about this at a free initial consultation with our lawyer on inheritance law.

The order of inheritance through the court

To establish the rights to the property of the deceased through the court, it is necessary to strictly follow a certain procedure.

1. Preparing for trial. Determining the right to accept an inheritance, searching for supporting documents, drawing up a claim.
2. Trial. Direct appeal to the court, participation in the process, obtaining a court decision.
3. Registration of inheritance. If the court's decision is positive, the heir is confirmed in his rights to the property, for which he turns to a notary.

Important! The losing party has the right to file a complaint with a higher authority. Consult a lawyer about the possibility of appealing a court decision in your situation.

How to draw up a claim correctly?

An inheritance claim may contain one or more claims. For example, when submitting an application for actual inheritance (especially if there are simply no other heirs), one requirement is sufficient - to legalize inheritance rights.

And if, for example, the heirs file a claim to recognize one of them as unworthy, then it usually contains two demands: to recognize the heir as unworthy and to challenge the will in his favor. In some cases, there may be more claims.

But regardless of this, the general formal rules for writing and filing a claim remain unchanged. It must be drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation: in handwritten or printed form (printed on a printer), without erasures or corrections, the circumstances of the case are presented in a strict business style.

The claim must contain the following information:

• The exact and full name of the judicial authority to which the application is submitted
• Details of the plaintiff (full name, date of birth, legal and actual address of residence, contact information)
• Information about the testator (full name, date of death, last registration address)
• Information about the defendant, if any (full name, date of birth, address)
• The value of the inherited property (in its entirety or only the disputed part, depending on the subject of the claim) – “the cost of the claim”
• Title of the document: “Statement of claim for... (restoration of the inheritance period, entry into inheritance, invalidation of the will, recognition of the heir as unworthy, etc.)
• Information about the plaintiff’s inheritance rights (will, confirmation of kinship, etc.)
• Information about other heirs
• Transfer of inherited property
• Description of the circumstances that led to the application to court
• The claim or claims itself
• A link to the legal provisions justifying the filing of a claim
• List of documents attached to the application
• Date and personal signature

As for the documents that need to be attached to the statement of claim, we are talking about any documents illustrating the circumstances of the inheritance dispute:

• Copies of the plaintiff's passport
• Confirming kinship and rights to inheritance
• Evidence of a relationship with the testator
• Evidence of actual entry into inheritance rights
• Confirming the bad faith of another heir
• Proving the impossibility of complying with the period allotted for entering into inheritance rights
• Proving irregularities in the making of a will
• And others designed to confirm the correctness and validity of the plaintiff’s claims

ATTENTION! The success of claims of this type very much depends on the evidence base. If you do not fully understand what documents are important to collect and present to the court, and which of them can significantly affect the course of the case, seek professional legal help. It is important to do this before the claim is filed.

Accompanying documents are submitted in the form of copies, with the exception of the receipt for payment of the fee, which must be submitted to the court office in the original. The remaining documentary copies and copies of the statement of claim should be prepared in an amount equal to the number of interested parties (heirs), including the plaintiff. Plus one more set that the court will accept for work and keep for itself.

Arbitrage practice

Russian courts hear tens of thousands of cases of various types every day. Not all court decisions are made in favor of the plaintiffs. However, many citizens manage to defend their rights. Let's consider several thematic situations.

Example:

The plaintiff asked to restore the deadline for accepting the inheritance. The defendant was the Administration of the Bolsheorlovskoye rural settlement. The claim was motivated by the fact that after the death of the heir’s grandfather, a plot of land remained. Its area is almost 89 hectares. The plaintiff was sure that documents on acceptance of property should be submitted 6 months after the death of a relative. However, the notary refused to issue him a certificate due to missing the deadline. The defendant did not object to the stated requirements. The court granted the plaintiff's request.

(Decision of the Martynovsky District Court dated April 2, 2012, case No. 2-258/2012).

The example shows that the court restored the deadline for accepting the inheritance, although the plaintiff did not provide convincing evidence. The judicial act was based on indirect recognition of the defendant's claims.

Example:

The plaintiff filed an application to restore the deadlines for entering into inheritance rights. The defendant was the territorial branch of Sberbank in Krasnodar. The claim was motivated by the fact that after the death of the father, an inheritance in the form of a cash deposit was opened. The heir learned about the availability of funds after the expiration of the established period. When he turned to the notary, he received a written refusal. Later, the heir clarified the claims and asked the court to recognize his ownership of the deposit. The defendant did not object to the satisfaction of the requirements. The court granted the plaintiff's request

(Decision of the Anapa City Court of the Krasnodar Territory dated July 4, 2012, case No. 2-1921/2012).

As you can see, the court actually restored the term and recognized the ownership of the deposit as the son of the testator.

Example:

Citizen A. filed a claim to restore the deadlines and recognize it as such that he accepted the property. The plaintiff also asked the court to determine the inheritance shares and to recover legal costs from the defendant in his favor. The defendant in the case was the co-heiress. The claim was motivated by the fact that after the death of a cousin, an inheritance in the form of an apartment was opened. The deceased citizen did not leave a will. There were three claimants to her property - the plaintiff, the defendant and another relative. However, the defendant hid the fact of the testator’s death from the co-heirs and took sole ownership of the property rights to the apartment and the cash deposit. A similar claim was filed by the third participant in the legal relationship. The heirs did not communicate with the deceased citizen, since there was a large age difference and there were no common interests. The first plaintiff himself was often ill recently and was in medical institutions. The second plaintiff became aware of the death of the testator only after receiving a subpoena on the claim of the co-heir. The defendant did not admit the claims. She insisted that the heirs missed the deadlines without good reason. The court rejected the claims of citizen A. The reason was that the deadlines were missed without good reason. However, the second defendant's claim was partially satisfied. The deadlines for accepting an inheritance have been restored. The previously issued certificate was declared invalid. The court awarded each heir a corresponding share of the property. The court recovered legal expenses from the defendant in favor of the second plaintiff.

(Decision of the Leninsky District Court of St. Petersburg dated 02/01/2012, case No. 2-75/12).

From the example, it is clear that the court restored the period for entering into property rights, determined the shares of the applicants and invalidated the previously issued certificate of inheritance.