Entering into an inheritance: how to register, join, list of documents, inheritance without a will

The procedure for entering into inheritance in Russia

Russian legislation strictly relates to the transfer of rights to property and rights, therefore there are rules for identifying unworthy heirs. This is the name given to persons who influenced the deceased to act in their interests, ignoring the interests of other heirs or their own. This category may include relatives who did not provide care for the deceased or did not help in difficult times.

In the Russian Federation there is an effective procedure for registering an inheritance through a notary, which includes several points:

1. Relatives are required to collect and submit documents. Draw up and submit a notarized application, bring a death certificate (copy or original), a document indicating the address of the deceased before his death.
2. The case of acceptance is opened and character is established.
3. A consultation is held with a notary, who will individually evaluate the case and determine what additional documents and manipulations should be prepared so as not to disrupt the procedure.
4. Complete and pay the state fee to obtain a certificate.
5. Document the fact that the owner of the inherited property has changed.
6. Perform the actual transfer of rights to the heir.
7. The notary issues a special certificate.

When a disposition of property has not been made, one must proceed within the prescribed legal provisions. Then factors such as the degree of relationship and the legality of inheritance are taken into account.

Inheritance contract

Registration of inheritance can take place not according to a will, but using an inheritance agreement. The will is unknown even to the participants, and the inheritance agreement provides for the knowledge of all interested parties. In addition, information is available about what conditions the heir must adhere to in order to enter into inheritance according to the law. An inheritance agreement is more authoritative than a will, and its terms will be followed first.

The agreement is concluded between the testator and the heir. This document must contain the following information:

• under what conditions the number of heirs is determined, and in what order the transfer of rights to inheritance will take place;
• executor and his terms;
• what obligations do the parties have in relation to property or non-property objects (they should not contradict the law);
• discuss the circumstances, depending on which different consequences may arise.

The inheritance agreement is limited by the provision on the allocation of a mandatory share. After drawing up the agreement, it is studied by the parties and signed. Next, the document is certified by a notary.

Even if one of the parties to the agreement renounces his share, this does not affect the rights of the other parties. The only one who can refuse the agreement is the testator, but the parties must receive notification of changes. In addition, participants can receive compensation for losses they incurred while fulfilling the terms of the contract. After the contract is terminated, the testator can fully dispose of the property, including by selling it.

Sample application to a notary for acceptance of inheritance 2021

The document must indicate the following information:

1. The name of the notary office where the inheritance is registered.
2. Information about the heir (registration address, full name).
3. The name of the document on acceptance of inheritance.
4. The date of death of the testator and indicate where the deceased person lived.
5. Information about the presence of family relations with the testator.
6. Additionally, the residential addresses and details of other applicants are indicated.
7. Inventory of property that remains after the death of a citizen.
8. If there is only one heir, then below you need to write that there are no other heirs.
9. Date, signature of the applicant.

Types of inheritance

Entering into an inheritance after the death of the testator can take place taking into account several scenarios, depending on what is the prerequisite for receiving it - a will or the law. Each option requires detailed consideration.

Entry into inheritance according to law

According to the law, entry into inheritance after death occurs if the deceased did not create anything. The law prescribes the order of heirs. There are 8 steps. For example, children, husbands/wives, parents, and the state closes the list. A certain order is required - everyone is called to the notary, according to their place in the queue. If there are no main heirs, the second, third, etc. are called. queues.

Entry into inheritance under a will

A will is a document that indicates who the heir is without taking into account the degree of relationship and other circumstances. The document can be closed (when the notary does not know about the contents of the will, and the envelope is transferred sealed in front of witnesses) and open (the notary is familiar with the contents). Please note that a closed will may contain errors and inaccuracies, which sometimes affect the procedure. Although if the inaccuracies are minor, they will not affect the legality of the paper.

The document is usually drawn up by a notary, who checks, certifies and stores it. The specialist will ensure that everything goes correctly, without trying to challenge the document or invalidate it. In addition, the notary is obliged to confirm the legal capacity of the testator and make sure that he understands his actions. This applies to situations where people try to make a will while under the influence of alcohol or drugs.

There must be only one will that is legally binding. When there are several conflicting documents, the one drawn up last will be valid. However, the document can be canceled by making a new will or by writing an official cancellation of previous instructions.

The heirs do not need to be notified of the will. To verify the availability of a document, you should contact a notary office, where a search will be carried out in the register upon request. Then the essence of the will is conveyed to the heir. This information cannot be publicly available, as this violates the secrecy of the will. Registration of inheritance through a notary will make this procedure safer.

Where to go

A person claiming inheritance must contact a notary. For this purpose, a period of 6 months from the date of death of the testator.

Documents must be submitted at the place where the inheritance was opened:

• at the registered address of the deceased person (if known);
• at the place where the will is kept;
• at the location of the real estate;
• at the location of the most valuable property.

If there are several notaries working in the area, then you can call each of them and find out who exactly will open the case. Contact information can be found on the Internet on the website of the Federal Notary Chamber or found in one of the notary offices.

After the expiration of the period established by law, the heirs will have to go to court (Article 1155 of the Civil Code of the Russian Federation).

Grounds for reinstatement:

• the heir did not know the death of the owner (the person lived in the territory of another state or did not maintain contact with the deceased relative);
• the citizen completed military service upon conscription;
• the heir was undergoing long-term treatment and other valid reasons.

What can be included in the inheritance and what cannot?

Before you begin to enter into an inheritance according to the law, you should determine what is included in the category of “inheritance”. This is the property, rights and obligations that belonged to the testator at the time of his death. This also applies to debts that are transferred to the heir, along with the property on which they “hang.”

The personal rights and obligations of the testator are not transferred. For example, alimony, compensation for harm, etc. As well as non-property rights and benefits of an intangible nature.

Who can apply for an inheritance?

Before entering into an inheritance, you should find out who can claim it. The right to inheritance arises in the following cases:

• you were mentioned in the will as an heir;
• there is an agreement where you appear as the heir;
• you are a relative of the deceased (in the absence of a will or agreement);
• you have the right to a share in the inherited property, but are not an heir under a will or contract;
• your name appears in the charter of the inheritance fund.

It should be taken into account that an inheritance agreement takes precedence over a will, and a will has greater force than entering into an inheritance by law. But regardless of the situation, all heirs must contact a notary within 6 months after the case was opened.

Since it is not always known whether the testator left a will or agreement, potential heirs can make a request from a notary according to the requirements of the law. Registration of an inheritance through a notary obliges him to check in a special database the existence of an agreement or will.

You can find out which notary is holding the inheritance file (provided that it is open). To do this, you should use a special service on the Fed.not platform. chambers. To search, just enter the full name of the testator, date of birth and death.

Who does not have the right to inherit?

Entry into inheritance has restrictions by law, and some persons cannot claim inherited property:

• When the heir influenced the drawing up of the will using illegal methods. For example, he put pressure on the testator, persuaded or gave a bribe to the specialist who was involved in drawing up the document. But these facts need to be confirmed.
• If the parents were relieved of parental responsibilities. The exception is situations where parents have been restored to their rights.
• If the heir, who was obliged to support the testator until death, did not do so.

In these cases, it does not save, even if the person is mentioned in the will.

Procedure for filing an inheritance application

Legal methods for acquiring heritage, as well as the procedure for its registration, are regulated by paragraph 1 of Art.
1153 of the Civil Code of the Russian Federation. In accordance with it, the heir has the right to write a statement at the place of opening of the inheritance to a notary or other responsible person with similar powers (Article 1115 of the Civil Code). The established documents submitted by the heir have equal procedural effect for the acquisition of inheritance. When submitting a request for inheritance, you need to know that:

The legislation provides for 3 options for submitting a request - in person, through the post office or through an authorized representative.

When sending a request through a proxy or post office, an indispensable condition of the request is notarization of the authenticity of the heir's signature.

According to Art. 62 of the law on notaries, a request from heirs to acquire an inheritance must be provided in writing. It needs to display complete information:

• About the testator and the testator.
• Date of death and place of residence at the date of death.
• Availability of other heirs.
• Property location address.
• Indicating the date the request was filled out, etc.

The duty of the notary is to explain to the heir his rights and obligations arising as a result of the acquisition of the inheritance. At the same time, the heir has the right to refuse the inheritance, even after submitting a request for its acceptance within the specified time.

Deadlines and documents for entering into inheritance

Within six months after the death of a person, all paperwork must be completed. The procedure begins with collecting papers. Documents for entering into an inheritance must be presented to a notary. Usually, this is a notary at the place of residence of the deceased. Having found this specialist, you need to draw up a statement expressing your readiness to accept the property. This will be the reason for opening an inheritance case.

The procedure begins with the collection of documents for registration of inheritance:

• passport;
• death certificate (can be obtained from the registry office);
• papers that confirm relationship (for example, a marriage certificate or birth certificate).

The notary may request additional documents for entering into inheritance.

The next stage is checking the availability of open inheritance cases. If everything is fine, a state fee must be paid. The state duty depends on the order of inheritance. If the first-priority applicants pay 0.3% of the value of the property (no more than one hundred thousand rubles), then the heirs of the third and subsequent stages are forced to pay 0.6% of the property (up to 1 million rubles). To correctly determine the value of the property, you should order an assessment from the BTI. This is a paid service, so the state fee is not the only financial expense that the heir will incur. Therefore, it is difficult to immediately say how much it costs to enter into an inheritance.

All we have to do is wait for the evidence. It will be received 6 months after the death of the testator. If you miss the registration procedure, the property will not be fully disposed of, sold or used in any other way. Real estate registration takes place through Rosreestr (contact the MFC), and the car is registered with the traffic police. But you can do this only after you find out how much it costs to enter into an inheritance, pay the state fee and write an application.

Inheritance of real estate

Real estate has its own characteristics. For example, you need to apply six months after the death of the deceased or the announcement of it. Sometimes deadlines are restored, but only by court decision.

If we are talking about real estate, often the heirs do not enter into inheritance, but simply live in the apartment, pay for it, but do not formalize everything using legal methods. They are actually its owners, but according to the documents this is not the case. It's better to formalize everything. In this case, the inheritance is registered through the MFC. After submitting the application, you need to wait six months and receive a certificate. With the certificate, you can go to Rosreestr and register the apartment in your name.

Entering into inheritance without a will: procedure

First-degree relatives have the right to inherit without a will:

• Children. It makes no difference whether the child is natural or adopted (the main thing is that the procedure is formalized). If the child is illegitimate, he needs to receive a document that will confirm his relationship with the parent. When the testator has an unborn child, the property cannot be distributed until the child is born.
• Spouses. The couple must officially legitimize their relationship, since wedding and actual marriage do not give the right to the property of the deceased. If the couple separated before the document was opened, the spouse also cannot be the primary heir. For such persons, a will is one of the most optimal solutions, since the answer to the question of how to enter into an inheritance without a will will be disappointing.
• Parents. This includes natural parents and adoptive parents, but excludes citizens deprived of authority over the child.
• Dependents. Provided that there is a confirmed fact of dependency during the year. The actual place of residence of a person does not play a fundamental role.

For these persons, the question of how to enter into an inheritance without a will does not arise, since they are heirs of the first priority.

Instructions for registering an inheritance through the MFC

Registration of inheritance through the MFC requires compliance with a certain procedure:

What happens if you do not enter into inheritance on time?

Terms are limited to six months. If you skip them, the property goes to the next heirs. If there are no such heirs, the property goes to the state. But missing a deadline is not a death sentence. It can be restored. Only the restoration procedure takes place in court. You can also request written permission to extend the period from other heirs. It is important that all interested parties give consent.

If we are talking about the consent of the heirs, in fact, they are already sharing their property with the right to which they received, because how to enter into an inheritance depends on them. The written permission is drawn up in the presence of a notary. After this, the notary will issue new certificates for each participant.

Restoration of rights can also be organized in court. There must be a good reason for this. You must go to court within 6 months after the delay. Then you won't be able to obtain your license. In this case, going to court involves filing a claim, as well as collecting documents confirming the validity of the reason for missing deadlines. The claim and documents should be copied and copies sent to other heirs. Registered mail with acknowledgment of receipt is used.

Which statement to choose

The form of the application depends on the final position of the heir. A claimant to the testator's property may:

1. Take your rights.
2. Completely renounce the inheritance.
3. Transfer property to another relative.

Each legal action is accompanied by the filing of a specific document. If the heir is interested in accepting the property, then he needs to submit a corresponding application.

Based on this document, the notary opens an inheritance case. Other heirs are also given 6 months to submit the necessary documents.

Place and repayment of debts upon entry into inheritance according to the law

To clarify where to accept property, you need to study Article 115 of the Civil Code of the Russian Federation. Such a place could be:

• the place where the testator most recently lived;
• the address where the inherited property is located;
• the area where the most valuable part is located (if the values ​​are distributed in more than one place).

If you are registering an inheritance through a notary, he can involve a manager to protect the property and ensure its preservation until the property passes to the heirs. Then the heir must repay the expenses spent to preserve the property. When all conditions are met, the citizen will officially be able to join.

You can get legal assistance on inheritance issues on our website.