Entry into the inheritance of a minor child after the death of the father

The right of inheritance by minors in Russia is described in legislation. After the death of a relative or a complete stranger, a minor may become one of those who is entitled to a share of the inheritance, or the entire inheritance. According to the law, the owner of any property has the right to dispose of it at his own discretion, including bequeathing it to anyone. In this case, a will can be drawn up for your relatives and even for strangers or an organization. Moreover, inheritance by a minor child occurs in any case if he lived together with the deceased, since in this case he is entitled to an undiminished share in the inherited property.

Can a minor child be an heir?

Any citizen can be an heir. However, only a fully capable subject can turn to a notary to register property. Citizens under 18 years of age act through legal representatives.

Minors inherit property after death by law:

mothers;
father;
grandmothers;
grandfathers;
brothers;
sisters.

And also in the event of the death of other relatives, provided that they are included in the inheritance line.

Is it possible to leave an inheritance to a child who has not reached the age of majority? Yes. However, the heir will not be able to dispose of the property independently.

Registration cost

The procedure for inheriting property by a minor child is accompanied by some expenses:

A duty, which as a general rule depends on the market price of the inherited property. This provision is reflected in clause 22, part 1, art. 333.24 Tax Code of the Russian Federation. At the same time, for minors, clause 5 of Art. 333.38 of the Tax Code of the Russian Federation establishes a benefit - for obtaining a certificate of the right to inheritance, this category of citizens does not pay a state fee. At the same time, it does not matter what is included in the hereditary mass.
Technical and legal services provided by a notary – the amount depends on the region, as well as the specialist to whom the heir turns.
Appraiser services – if necessary. In practice, such a need rarely arises and the burden of costs falls on the other party initiating the assessment, not on the minor.

Depending on the situation, the heir may have other expenses, but the most general list looks like this.

Illegitimate and adopted children

The following are granted equal rights with natural children:

Adopted children. The right of inheritance for a child adopted by the testator arises immediately after the court decision on adoption enters into legal force. An adopted person can claim a share in the inheritance if there is a court decision on adoption, which was not canceled at the time of the death of the testator (or the court decision on cancellation of adoption did not have time to enter into legal force).
Dependents. If the deceased owner had minor children, then they must be included in the heirs, regardless of the order to which they belong. Dependents can be brothers, sisters, stepson, stepdaughter, adopted child, ward under the age of 18 (if he was supported by the owner during his life). To receive a share, persons who are not blood relatives of the deceased must live together with the testator for at least 1 year before his death.
Illegitimate children. In this situation, everything is ambiguous. Much depends on the official registration of the child. If the deed record about the father was made according to the words of the mother, then when submitting documents on acceptance of the inheritance, a court decision will be required to establish the fact of recognition of paternity. The legal representative of the child will have to submit a corresponding application, conduct an examination, and prove the relationship between the child and the testator.

A child has the right to inheritance if:

mother and father jointly registered the birth of the child;
paternity has been established by the father's statement;
paternity is established by court decision;
paternity was established posthumously.

The child has the right to the father’s property, regardless of the presence/absence of a marriage between the parents. The key point is to register paternity with the civil registry office. In addition, children from the first marriage are given the rights of heirs, on an equal basis with other recipients of the first stage.

Example. After the death of the head of the family, the inheritance was opened. List of property - apartment, car, securities. The composition of the heirs is wife, son, parents. The application was submitted to the notary by 2 people - the wife and son of the deceased man. The parents did not want to contact a notary. Later it turned out that another statement appears in the case materials. It was filed by the mother of a young child, who provided evidence that the testator is the father of the girl. To reduce the share of an illegitimate child, the relatives agreed on the participation of the parents of the deceased citizen, who also did not know about the presence of another heir. Each applicant received 1/5 of the property. Later, the heirs agreed among themselves on the redistribution of shares of property. The apartment and car remained with family members. The illegitimate child was compensated for the cost of the inheritance through securities.

Is a power of attorney needed on behalf of a child?

Representatives of the child can be not only parents/guardians, but also outsiders, including lawyers in accordance with Article 1, Article 1153 of the Civil Code of the Russian Federation. The power of attorney must indicate the powers of the representative, which include:

right to submit documents;
the right to draw up an application;
government payment duties;
right to sign;
obtaining a certificate.

In this case, the power of attorney must be drawn up in writing and notarized. The document itself is drawn up by parents or a teenager (from 14 to 18 years old), but only within the limits of their rights.

A minor must be present when submitting documents to a notary, but if this is not possible, then his signature on the power of attorney must be notarized.

At what age can you dispose of an inheritance?

The owner has the right to freely own, use and dispose of inherited property from the moment he turns 18. From this moment on, full legal capacity appears on the territory of Russia.

The exception is emancipated citizens. Emancipation refers to the early acquisition of legal capacity before reaching a specified period.

Emancipation is possible from the age of 16 if:

the child works under an employment contract;
the minor got married;
child is engaged in entrepreneurial activity

To formalize emancipation, the consent of the legal representative or a court decision is required (in case the legal representative refuses to issue consent).

A citizen is vested with full legal capacity from the moment:

making a decision from the district guardianship department;
giving a court decision legal force.

If you have loan debts, is it possible to refuse?

Often, along with property come debts. This problem needs to be resolved immediately. By law, the heir is obliged to answer for the obligations of the deceased, but within the limits of the property received from the testator.

In a situation with a minor, until he reaches legal capacity, all issues are resolved by his legal representative. Therefore, he must also be responsible for his debts.

There are two options to solve the problem:

Refuse the inheritance, weighing the value of the inherited objects and the amount of debts.
Take upon yourself to pay them in the amounts provided by law.

The terms of the loan agreement can be changed only by agreement with the financial institution that issued the loan to the citizen. In fact, only the person who took the loan will change in the agreement; everything else usually remains unchanged.

If the debts represent money borrowed by the deceased from a third party against a receipt, it is better not to bring the matter to court. In this case, the child’s representative can discuss all the nuances with the creditor during a personal meeting with him, outlining the prospects for the return of funds.

Methods for a child to accept an inheritance

The law provides for the following options for accepting an inheritance:

notary;
actually.

However, the notary will not take into account evidence of the actual acceptance of property by a minor.

The legal representative must prove that he took the necessary actions in the interests of the child:

for the protection of inherited property;
on the use of the property of the deceased;
to accept or pay the debts of the deceased.

Thus, in the event of actual acceptance of the inheritance, the actions provided for by law must be performed not by the child, but by his representative.

Nuances

A minor is a specific subject of civil legal relations. In this regard, it is necessary to take into account a number of features and difficulties that arise during the inheritance of property:

Acceptance of an inheritance can be made by actual acceptance. In this situation, the heir’s representative must take action to protect the inheritance, use the property, accept and pay debts. In this case, the minor automatically accepts the inheritance without submitting an application to a notary.
If we are talking about refusal to accept an inheritance by a minor child, the minor’s representatives undertake to obtain permission in advance from the guardianship authorities. This document must be provided to the notary.
The procedure for restoring the missed deadline for accepting an inheritance is organized in the manner of claim proceedings according to the rules reflected in the Code of Civil Procedure of the Russian Federation. At the same time, the interests of the minor are also represented by parents or guardians (trustees).
When implementing the inheritance procedure, the personal presence of the successor himself is not required, that is, representatives of the minor must visit the specialist.
If the testator has drawn up a will and appointed an executor, the latter has 1 month to make a decision. If during this period the executor has not confirmed the desire to be an executor under the will, the notary will organize the inheritance independently.
Responsibilities related to guardianship and trusteeship are carried out free of charge. At the same time, guardians undertake to live together with the minor; separate living is permitted with the permission of the relevant government authorities upon reaching the age of 16 years.
In the event that the heir is a conceived but unborn child, the division of property is realized after the birth of the baby.

How can a minor child inherit an inheritance?

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The child cannot acquire rights on his own. To register an inheritance through a notary office, the participation of a legal representative will also be required. In the absence of a person representing the interests of a minor, he cannot enter into an inheritance.

The following may act as a legal representative:

mother;
father;
adoptive parent;
guardian;
adoptive parent;
head of an organization for orphans;
specialist of the district guardianship department.

Order and procedure

Algorithm of actions for accepting an inheritance on behalf of a child:

Identification of the place of opening of the inheritance.
Collection of documents.
Visiting a notary's office and submitting an application.
Payment of duty.
Obtaining a certificate.

The child's legal representatives will have to visit the notary twice. Initially, you need to submit an application to take over the property. After 6 months, you must re-visit the notary and obtain a certificate.

Required documents

The list of documents on acceptance of inheritance by a minor child is somewhat longer than usual. Legal representatives must attach papers that confirm their authority and allow their identity to be identified.

Basic documents:

child's birth certificate;
death certificate of the testator;
an extract from the house register for the testator and for the child (if he inherits as a dependent);
applicant's passport;
papers for identified property;
fee payment receipt;
evaluation report.

Documents that confirm the powers of the legal representative:

For the parent - passport and birth certificate of the child.
For a guardian - a guardian's certificate and an order appointing guardianship.
For a foster parent - a foster parent's certificate and an agreement on the transfer of a minor to a foster family.
For the district guardianship department - a power of attorney on behalf of the head of the local government body.
For an organization for orphans - an order for placement under supervision, an order for the appointment of a director, a power of attorney on behalf of the director.

In case of refusal of inheritance, the legal representatives of a minor child must provide written consent from the guardianship authority.

Sample application

The legislator did not approve a standard form of the document. Each notary may have his own sample application.

Sample application for acceptance of inheritance

Expenses of heirs

When registering an inheritance, a state fee is withheld from the beneficiaries. Its size is determined by the Tax Code of the Russian Federation. The amount of the fee largely depends on the degree of relationship and the value of the inheritance.

Base rates

No.	Bid	Limit amount (r.)	Recipient category
1	0,3%	100 000	Children, parents, spouses, brothers/sisters of the testator
2	0,6%	1 000 000	For all other applicants

Additional costs include notary services, possible litigation, and registration of property rights.

Additionally, you must pay for legal and technical services of a notary. They are entered when issuing a certificate of inheritance rights.

Tariffs vary depending on the presence/absence of real estate as part of the inheritance, as well as on the region of circulation. You can check the payment amount on the website of the Federal Notary Chamber.

For example, the amount of payment in the Trans-Baikal Territory when inheriting movable property is 1000 rubles. for each object from each heir. When registering real estate, you will have to pay at least 4,300 rubles, but not more than 5,500 rubles. for each object.

Features of the transfer of a mandatory share

If the testator makes a will for other persons, then the children, in accordance with Art. 1149 of the Civil Code of the Russian Federation, a mandatory share of inherited property is due. There are no exceptions here, since the law protects the interests of children, so the will of the testator does not play a role here. He may prohibit them from inheriting in his will, but such a decision will be considered invalid.

This means that minors receive their part of the inheritance under a will at the rate of at least ½ share of the property if they inherited by law in accordance with Article 1149 of the Civil Code of the Russian Federation. In other words, in order to calculate the obligatory share of the inheritance, you must first select all the heirs of the 1st stage, including the child, and calculate their share of the inheritance according to the law, but the “legal share” of a minor must simply be divided in half according to Article 1149 of the Civil Code of the Russian Federation.

IMPORTANT! If the testator ignored his minor children or other obligatory heirs in the will, then the document is declared invalid. The inherited shares will be distributed according to the rules of Article 1149 of the Civil Code of the Russian Federation, and the main heirs will receive much less property than they were owed according to the document.

Let's say testator N bequeathed an apartment to his mother (father died), but he has a young child from a previous marriage who inherits an obligatory share of the property.

The mother of the deceased and the child are heirs of the 1st stage. If there had been no will, then by law they would have received 1/2 of the apartment, but in reality the child receives 1/4 of the obligatory share, that is, exactly half of his 1/2 legal share. Read more about the inheritance queue here.

The testator's mother will receive 3/4 of the property. If the testator had two young children, then each of them would receive 1/6 of the apartment, and the mother would be left with 1/2 of the property according to the will. The more compulsory heirs, the smaller the share of the inheritance under the will.

As for inheritance without a will, minors receive their part in equal shares along with other heirs, so no difficulties should arise here.

The obligatory share of the inheritance is determined based on the total number of all legal, obligatory heirs and the size of the inheritance, taking into account bequeathed and untested property.

The court may individually reduce the share of the inheritance depending on the circumstances of the case and the specifics of the property. The legal heir must prove that the child has other real estate and has not previously lived in this apartment, so this will not violate his legal interests in any way.

Missing deadlines for accepting inheritance

If parents miss the deadline for submitting documents, the children lose property rights. Restoration of the deadlines is possible by a court decision or a written statement from relatives who accepted the property. You can file an application with the court within 6 months after the reason for the absence disappears.

What if the legal representatives did not know about the death of a person for several years? Specific circumstances must be taken into account. In some cases, the heir can independently submit an application upon reaching the required age.

Restoring the deadline

To resolve this issue through the court, you need to write an application to restore the deadline for accepting the inheritance. First you need to submit an application for opening an inheritance to a notary and receive a refusal. And only after that, apply to the district court at the location of the property or death of the father or mother.

In court, the interests of teenagers are represented by their legal representatives. The statement of claim must contain a number of mandatory details.

It must indicate:

name of the city court;
passport details of the representative;
surname, name and patronymic of the heir, his place of residence and other legal successors who received part of the inheritance;
calendar date of opening of inheritance;
identification details of the deceased;
description of the inherited object;
valid reasons why the deadline was missed;
a list of documents determining the right of ownership of housing;
date of writing.

Any application to the court must be accompanied by documents confirming the validity of the claims.

When deciding on the restoration of the term, their list is as follows:

birth certificate;
stamp death certificate;
refusal of a notary to open an inheritance due to missing a 6-month deadline;
civil passport of the representative and a document confirming his ability to protect the interests of the minor;
certificates indicating valid reasons for absence;
state payment receipt duties - 300 rubles;
an extract from the Unified State Register of Rights to an apartment, house or land plot.

These documents can be sent in copies, and the originals can be provided directly in court.

Before submitting the application to the judge, you should check that it is filled out correctly and identify any errors or corrections. Sometimes, due to a minor blemish or error, the application is left without progress and a period is given to eliminate the shortcomings.

It is advisable to correct everything on time otherwise the application will be returned. However, this does not resolve the possibility of re-filing documents in court. To ensure everything is done correctly, it is better to contact a lawyer.

If the evidence presented that the successor missed the due date for good reasons is taken into account, his rights are restored. Having received a copy of the decision of the judicial authority, the child’s representative must contact a notary to register the inheritance.

The notary, having familiarized himself with the decision of the state. body, informs the remaining heirs about this fact, if any.

Then all registration documents issued to the remaining legal successors are canceled, after which the process of dividing the inheritance mass occurs again, taking into account the share of the minor.

Children aged 14 to 18 years

Starting from the age of 14, children can independently participate in transactions with the consent of their legal representatives (Article 26 of the Civil Code of the Russian Federation). That is, the heir can independently visit the notary and submit an application for registration of the inheritance.

Parents can provide written consent simultaneously with the child’s application or within a 6-month period .

If a 16-year-old teenager has undergone the emancipation procedure, then after receiving full legal capacity he can perform legally significant actions independently. The rule applies to the acceptance of an inheritance and the sale of inherited property.

Registration of inheritance of adopted children

Art. is devoted to legal relations arising between adoptive parents and adopted children. 1147 of the Civil Code of the Russian Federation. When inheritance is organized by law, the adopted person and the adoptive parent are recognized as blood relatives, which is reflected in Part 1 of Art. 1147 of the Civil Code of the Russian Federation. This means that the Civil Code of the Russian Federation does not differentiate the origin of a child - blood and adopted are equal in rights, therefore, have the same access to property. In the event that we are talking about a will, it is necessary to be guided not only by it, but also by Art. 1149 of the Civil Code of the Russian Federation (on a mandatory share in property), according to which a part of the inheritance is also transferred to the adopted child.

Regarding blood relatives, there is also a general rule and some exceptions to it. Part 2 art. 1147 of the Civil Code of the Russian Federation indicates that after adoption, a child (his relatives) does not have the right to claim an inheritance from blood relatives. However, there are exceptions to this rule, provided for in Part 3 of Art. 1147 of the Civil Code of the Russian Federation: if an adopted person, by a court decision, maintains a relationship with one of his natural parents, or other blood relatives, the possibility of acquiring an inheritance remains.

In this situation, a minor heir can lay claim to the property left behind by both the blood and adoptive parents. Thus, the child becomes a bearer of double inheritance, which is directly enshrined in Part 3 of Art. 1147 of the Civil Code of the Russian Federation.

Refusal to accept inheritance for minors

Each potential heir can refuse the property assigned to him. Most often, relatives do not inherit due to debt or the low value of their share of the property.

If we talk about refusal of inheritance by minors, then there are certain nuances. Legal representatives cannot make such decisions alone. The direct participation of guardianship authorities is required.

Parents or guardians need to submit an appropriate application to the guardianship authority and provide evidence that accepting the property is inappropriate or will provoke additional expenses that the inheritance will not cover. Documents confirming the facts stated in it are attached to the application.

The evidence may be a loan agreement that the testator entered into during his lifetime and a certificate of the status of the debt on the loan.

If the guardianship authority does not give consent, then the representatives of the minor child will have to enter into rights on behalf of the heir.

Inheritance by children by law

In accordance with the law, in the absence of a will, the inheritance mass is divided among the heirs of the first priority in equal shares, which include, among other things, the minor sons and daughters of the deceased.
Their priority to accept the property of the deceased is protected by law. If, for example, the testator has drawn up a will and it does not take into account minor heirs, then it can be challenged in court and the inheritance will be divided based on a court decision.

If there are no persons classified as heirs of the first stage or they did not accept the property (they refused, ignored the deadlines), then the next stage of successors (minor brothers, sisters) takes over.

Minor grandchildren and nephews of the deceased can claim their rights in the event that their parents die before the testator (by right of representation) or if they die before accepting the property (by way of transmission).

How to register an inheritance for a minor child

After receiving the certificate, ownership should be registered. Legal representatives must contact the appropriate institution - the State Traffic Safety Inspectorate, Rosreestr or the Federal Tax Service. The choice of institution depends on the type of inherited property.

Order and procedure

To register ownership of an apartment you must:

Prepare a package of documents.
Submit an application to the authorized body.
Receive registration documents.

Papers can be submitted in person, through a representative, or electronically.

Statement

Registration of ownership occurs upon the application of the legal representative of the owner:

When contacting Rosreestr through the MFC, the operator will independently print out the application. The applicant only needs to sign.
When registering a car, documents are submitted to the traffic police. To complete the procedure, the presence of a minor owner is not required. However, a vehicle is required.
When registering shares or other registered securities, an application is submitted to the registry holder.

Required documents

List of papers for registering property rights:

statement of the legal representative;
parent/guardian ID;
certificate of inheritance;
birth certificate or passport of the child;
title and technical papers for housing;
PTS for a car;
extract from the register of shareholders;
extract from the house register;
proof of payment of state duty.

Expenses

To register property rights, you need to pay a state fee. When registering an apartment, 2,000 rubles . However, for registering part of an apartment in an apartment building you need to pay only 200 rubles.

The cost of registering a car in 2021 is 850 rubles. When changing numbers you need to pay an additional 2,000 rubles.

Registration of inheritance for orphans

Part 3 art. 31 of the Civil Code of the Russian Federation indicates that guardianship and trusteeship are established over minors who are left without parents and adoptive parents for any reason (death, deprivation of parental rights, evasion of education and protection of the rights and freedoms of the child, etc.). The relevant local government bodies, or the administration of the institution in whose care the orphan is, represent the interests of the minor in all transactions. Inheritance by a minor child in the current situation is no exception. The sequence of actions, the required package of documents and the timing of the procedure remain the same. A distinctive feature of inheritance situations related to orphans is associated with the presence of representatives of relevant organizations, that is, there are no adoptive parents, guardians or trustees. After the child reaches the age of 18, all necessary registration actions are carried out.

Legal order of inheritance for children under 18

Minor citizens may be called upon to accept an inheritance in the order of legal priority. In this regard, their rights do not differ from the rights of adults - their existence is determined by the degree of relationship with the deceased.

The privilege of primary heirs is enjoyed by officially recognized children (shared with the legal spouse, born out of wedlock, or even adopted - it does not matter). Their interest in the property of the deceased is taken into account above all.

Grandchildren have a special place in the queue. They can become successors by right of representation when their parents predecease their grandparents. And also - by way of transmission, if their father or mother on the testator’s side died after him, but did not have time to accept the inheritance.

If children or grandchildren, as well as other first-line applicants - spouse, parents - have not accepted the relative’s property (by refusal, ignoring filing deadlines, due to absence), the possibility of inheritance passes to the second stage. Here, siblings may be minors. Nephews and nephews, like grandchildren, can count on inheritance by way of presentation.

Other minor heirs who may receive the property of the deceased are:

uncles and aunts - inherit in rare cases when the deceased, who in these circumstances is usually also under 18, has no parents, no grandparents, no sisters and brothers;
great-nephews - in the absence of the already listed applicants, great-grandparents and great-grandparents;
great-great-grandchildren - are the last of the relatives to be called up;
step-children and unrecognized children of the legal spouse form the circle of legal claimants to the property of the testator.

Children who were dependent on the deceased for at least one year (for relatives up to the fifth degree of relationship) and lived with him at the same address (for others) are called upon to receive the inheritance together and on an equal basis with the current queue.

Is it possible to refuse?

Limitation of legal capacity not only deprives the child of certain rights, but also relieves him of responsibilities, including financial responsibility for the property received. This circumstance becomes relevant if the deceased has outstanding debts, which, together with material assets, pass to the heir in the order of universal succession. They will have to be paid to the legal representative of the minor, which is not always possible or appropriate.

It is possible to avoid paying the debts of the deceased only by completely abandoning the inheritance. In accordance with the provisions of Art. 37 of the Civil Code, the property of a ward (child) can be alienated only with the permission of the guardianship and trusteeship authorities. Therefore, in order to refuse the inheritance of a minor, the parent (guardian) will need to justify to the authorized government agency that such a decision will not worsen the financial situation of the child. However, it is worth remembering that a notarized waiver does not have a retroactive effect.

Despite legislative guarantees, the rights and interests of minors are not always taken into account when inheriting. There are many reasons for this - from the banal ignorance of relatives and the dishonesty of other applicants to the presence of atypical circumstances that significantly complicate the matter. It is quite possible to solve most of them in practice, but without legal assistance it will not be easy.

It is best to start the fight for the rights of your child or ward with a free consultation from specialists at the portal ros-nasledstvo.ru. It's easy to get - just fill out the electronic form below and our lawyer will contact you within 5 minutes.

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Receiving property by will

A child can become an heir under a will, because citizens have the right to leave their property to any person. The testator can draw up a will in favor of a minor, bequeathing to him all the property or allocating a certain share.

If the will does not indicate the conditions for the division of the testator's property, then it is divided equally among all applicants listed in the document.

In accordance with the terms of the testamentary act, children may be excluded from the circle of heirs. At the same time, they retain the right to an obligatory part of the inheritance .

Children have the right to receive a share of their parents' inheritance, regardless of whether they are named in the will. This part is equal to half of what they would be entitled to if they inherited by law.

State duty

Minor children are exempt from the obligation to pay state fees. The established rule has no exceptions. It is specifically stipulated that the person at the time of the death of the testator should not be 18 years old; if it is later, it does not matter. For example, grandma died on April 3, 2021. Her grandson will turn 18 years old on April 13, that is, he is exempt from paying state fees, since he was not an adult at the time of the death of the testator - the opening of the inheritance case.

However, other notary services - execution of a power of attorney, legal advice - are not provided at a discount. Therefore, with a lawyer dealing with the inheritance of a minor, the latter’s parents will have to pay the full fee.