Who inherits after the death of their father?
The order of inheritance varies depending on the basis. Art. 1111 of the Civil Code of the Russian Federation establishes the following grounds:
- in law;
- by will;
- under an inheritance agreement.
Without a will
In case of inheritance without a will after the death of the father, the following have the right to a share in the inheritance:
- Official wife. If at the time of death the father was cohabiting with a woman, she has no right to inheritance. The only option for obtaining a share in property without a will from a common-law wife is recognition as a dependent of the deceased.
- Children. Children from all marriages, adopted children, as well as those for whom paternity was established voluntarily or through the court have the right to the property of the deceased father. They all have equal rights to inheritance.
- Parents. If the mother or father is alive, they are also entitled to a share in the property.
- Dependents. Together with the heirs of the first stage, the disabled dependents of the deceased enter into rights. These are relatives or strangers who were supported by the deceased for at least 1 year. If an outsider claims the right to a share, he must prove that he lived with the testator for at least 1 year and ran a joint household.
By will
According to the will, the father can assign his property to relatives, strangers, enterprises and the state. But freedom of expression is limited by the right to an obligatory share.
Art. 1149 of the Civil Code of the Russian Federation provides for the obligation of the testator to provide for minor children, disabled parents, spouse and dependents a share in the property. It should not be less than ½ of the inheritance that would be due to them by law.
If the will does not provide for a part for compulsory heirs, then the successor may challenge the document in court. In this case, the share is allocated, proportionally reducing the shares of the heirs under the will.
I would like to additionally note inheritance by testamentary disposition. A testamentary disposition is a document that provides for the procedure for transferring rights to a bank account in the event of the death of the depositor. That is, any investor can bequeath their savings completely free of charge. To do this, you do not need to contact a notary. The document can be issued directly at the credit institution.
If the father dies, the heirs need to check whether he had bank accounts.
Starting from 2021, the notary independently receives information from Sberbank. But you will have to make notary requests to other credit institutions.
An inheritance agreement is concluded between the testator and any of the heirs. The document includes the procedure for the heir's actions in the event of the death of the owner. The owner of the property has the right to determine by agreement any circle of heirs, including children or not.
Transporting the deceased to the morgue
If a person died at home, immediately after death the relatives need to call an ambulance and the police. Upon arrival, the staff will inspect the body and provide several documents that will be required later when organizing the funeral. Emergency doctors write out inspection and death certificates, and law enforcement officers write out a body examination protocol. If the police have doubts about the cause of death, the deceased may be taken for a forensic examination. If a violent death is discovered, a criminal case will be initiated. If a person dies naturally, a decision is made to refuse to initiate a case. In any case, the body can be collected only with written permission from the prosecutor's office or the police.
How to receive an inheritance after the death of a father?
The procedure for receiving an inheritance in the event of the death of the father:
- Preparation of documents.
- Contacting a notary office.
- Property valuation.
- Payment of state duty.
- Obtaining a certificate.
Children have 6 months to enter into inheritance. If the deadline is missed, the right to the property will pass to the assignees of the 2nd stage.
Documentation
To open an inheritance you need to prepare:
- death certificate;
- a certificate of the father’s last place of residence;
- application for acceptance of inheritance;
- will or testamentary disposition (if any);
- birth certificate.
List of documents for obtaining a certificate of rights to the father's inheritance:
- passport;
- appraisal report on the value of inherited property;
- title documents.
Contacting a notary office
Within 6 months from the date of the father’s death, you must contact the notary’s office at the place of his last residence. The fact of residence must be confirmed with a certificate.
If the last place of residence is unknown, it is necessary to contact the location of the deceased’s real estate. If the inheritance does not include an apartment, house or land, then the application is submitted at the location of the most valuable property of the deceased. For example, where a car is stored in a garage.
If the notary refuses to accept the application and open the inheritance case, then the children will have to go to court. In this situation, the court will independently determine the place of opening of the inheritance.
Property valuation
To enter into an inheritance, it is necessary to assess the property of the deceased as of the day of his death.
How different types of property are assessed:
- Real estate. It is necessary to order a certificate of cadastral value from Rosreestr. This document costs 350 rubles in 2021.
- Movable property. You need to order an assessment from a specialized commercial company. The cost will vary depending on the type of property. Before concluding an agreement, it is necessary to check whether the appraiser is a member of the SRO and whether he has a license for this type of activity.
- Stock. You need to obtain from the shareholder a document about the value of the package on the day of death of the deceased shareholder.
- A bank deposit does not need to be assessed.
Payment of state duty
The state duty for blood and adopted children of the deceased is set at 0.3% of the value of the inherited property (but not more than 100,000 rubles). In order for a notary to calculate the state duty at a preferential rate, you must provide him with a birth certificate of the heir.
In the absence of a document, the heir will be required to pay a state fee in the general manner: 0.6% of the value of the property (but not more than 1,000,000 rubles).
Additionally, you will have to pay for legal and technical services. Their size varies depending on the region of circulation. You can find out more about the cost of issuing a certificate of inheritance on the FNP website.
Content:
- Transporting the deceased to the morgue
- Medical report from the morgue
- Registration of a death certificate
- Death in another country or city
- Receiving burial benefits
- Certificate of burial
- Registration of inheritance
When faced with the loss of a loved one, not everyone knows what to do in such a situation, what documents need to be drawn up after death, or how to properly organize a funeral ceremony. In moments of trouble, it is easy to get confused, because many papers should be collected in the first days after death. In this article, we tried to collect for you the most important information on preparing for a burial and tell you about all the features of preparing documentation for a funeral.
Registration of inheritance if there is nothing to inherit
In some cases, unregistered objects can be inherited
An unregistered dacha, unprivatized apartments, unknown property, etc. are reasons to contact a legal organization to prove the real inheritance. Of course, it is not possible to register property in all cases. But, if, after careful work, evidence is found that proves the citizen’s intention to register real estate as a property during his lifetime, one can hope for the success of the case.
FAQ
Question.
How to determine the place of opening of the inheritance?
Answer.
In accordance with civil law, the place of opening of the inheritance is the last place of residence of the testator. In the case where his place of residence is unknown, the place of discovery is the location of the property. If it is located in different places, then the location of discovery is determined based on the value of the thing. The cost is determined based on its market price.
Question.
My father got married shortly before his death. How should the inheritance be formalized in this case?
Answer.
According to the general rule of the legislation of the Russian Federation, the heirs of the first priority are the children, spouse, and parents of the deceased. Therefore, in this case, the division of the inheritance occurs in equal shares (if there is no will). However, each case is individual and requires careful study of the documents.
Question.
Shortly before my father's death, my grandfather died. Dad did not have time to take over the inheritance. How can I now take over my grandfather's inheritance?
Answer.
According to the law, you can enter into an inheritance by right of representation, that is, you receive the share that would have passed to your father if he had survived your grandfather.
Thus, the procedure for entering into the inheritance rights of a deceased person is quite lengthy. Initially, it is important to find out whether there is a will; if there is not, then the procedure for acquiring such rights takes place on the basis of civil law, taking into account the priority.
For more information about entering into inheritance rights, read the materials on our website!
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Popular material
How is inherited property divided among heirs?
The inheritance may include various property of the testator. During his lifetime, the father could own an apartment, a garage, a dacha along with a house, a car and other movable and immovable property. By law, all of it must be divided equally among the heirs. If there are funds in a bank account, they should also be divided between them in equal amounts.
Expert commentary
Gorbunova Olga
Lawyer
To avoid disputes, the ideal option would be a voluntary agreement on the distribution of property between all parties and further registration of rights to the inherited property. An ideal equal division of property does not always work out. In this case, we can reach an agreement.
For example, one party can give part of the inherited amount of a bank deposit to the other in order to compensate for the difference in the cost of the inherited apartment and the garage. When it is not possible to reach an agreement voluntarily, it is possible to resolve claims through the courts. Any circumstances are important here. For example, if adult children did not live with their father and had their own home, unlike his second wife, then she will have an advantage in getting the apartment in which she lived with her husband. At the same time, she is obliged to pay the children their due share.
