Article 1153 of the Civil Code of the Russian Federation. Methods of accepting an inheritance (current version)

The concept of accepting an inheritance

First of all, it is necessary to understand that the procedure for accepting an inheritance, defined by the Civil Code of the Russian Federation, can only take place in the event of the death of the person who owned the movable or immovable property.

Heirs are distinguished depending on how the inheritance is accepted:

• legally (if the deceased did not write a will during his lifetime);
• according to a will (which can also be contested if the testator had disabled relatives as dependents);
• by hereditary transmission.

So, to accept an inheritance is to make a unilateral transaction, as a result of which the heir becomes the legal owner of the inherited property with the ensuing rights and obligations.

Inheritance. Definition of the concept

Inheritance is the transfer of the property of the deceased (testator) to his heirs. There is a distinction between inheritance by law (when the law specifies the persons who are heirs and the order in which they are called to inherit) and by will. Inheritance by law usually takes place in the absence of a will (Big Encyclopedic Dictionary. 2012).

Inheritance is the transfer of the rights and obligations of the deceased (testator) to his heirs. By way of inheritance, ownership rights, as well as other property rights and obligations, which constitute the content of obligatory, copyright and inventive legal relations, are transferred mainly. In cases specified in the law, certain non-property rights are transferred to the heirs. Rights and obligations associated solely with the personality of the testator are not inherited. Inheritance occurs by force of law or will. If there is no will or cannot be implemented (recognized as invalid, the heirs listed in it refused the inheritance, etc.), inheritance occurs according to law, i.e. persons specified in the law are called upon to inherit (Dictionary of Financial Terms. 2012).

Inheritance is the transfer after the death of a citizen of property belonging to him by right of private ownership in the order of universal legal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise provided by the Civil Code of the Russian Federation, to one or more persons (Article 1110 of the Civil Code of the Russian Federation).

Article 1110 of the Civil Code of the Russian Federation establishes that upon inheritance, the property of the deceased (inheritance, hereditary property) passes to other persons in the order of universal succession, i.e. unchanged as a single whole and at the same moment, unless otherwise follows from the rules of the Civil Code of the Russian Federation.

The principle of universality of hereditary succession is as follows:

• the heir replaces the testator in all legal relations in which the testator participated (except for those that are strictly personal in nature). The entire complex of rights, obligations, things passes to the heir as a single whole in an unchanged form, in the condition, volume, size and form in which this inheritance existed on the day of its opening (exception - singular succession, in the case of transfer of part of the property or separate right to other persons in case of testamentary refusal and testamentary assignment).
• universal succession consists in the fact that it occurs at the same moment, i.e. the entire complex of rights and obligations of the deceased passes to the heirs at the same time. That is, the inheritance is considered to belong to the heirs from the date of opening of the inheritance. If several heirs accepted the inheritance at different times, then it is considered that the transfer of the property of the deceased heir took place at the same moment.

The right and grounds for accepting inheritance

The reasons for accepting an inheritance are both the will of the testator, expressed in a will documented by a notary, and family ties, which are determined in the legal procedure for accepting an inheritance by eight lines of heirs.

A will can be left for the entire property or for a certain part of it.

If the will is written for a share of property, such as a house or car, then the rest will be divided equally among the legal heirs.

If there are none, then the right to accept the inheritance should pass to the next priority.

In addition, the Civil Code of the Russian Federation provides for the possibility of entering into an inheritance as a unilateral transaction on two grounds. In cases where the heir is a relative of the testator, then, having received his part under the will, he can receive a share on an equal basis with other relatives from the property not specified in the will.

In cases where the heir dies before accepting the inheritance, the Civil Code of the Russian Federation provides that his right to receive the property will pass to his heirs, that is, receiving the inheritance by transmission.

Transmission inheritance is accepted on a general basis. But, to accept a transmission inheritance, you need to submit two applications at the opening of each inheritance.

Place and time of opening of inheritance

In accordance with Article 1113 of the Civil Code of the Russian Federation, inheritance legal relations arise with the opening of an inheritance, that is, from the moment of the death of the testator. In terms of its legal consequences, a court declaring a citizen dead is equivalent to death (Article 45 of the Civil Code of the Russian Federation).

Time to open inheritance . The time for opening an inheritance is currently the moment of death, and not the day of death, as was the case in the previous edition of Article 1114 of the Civil Code of the Russian Federation.

When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force, and in the case when, in accordance with paragraph 3 of Article 45 of the Civil Code of the Russian Federation, the day of the citizen’s death is recognized as the day of his expected death, the day and moment of death indicated in the court decision.

Place of opening of inheritance . As follows from Article 1115 of the Civil Code of the Russian Federation, as a general rule, the place of opening of an inheritance is the last place of residence of the testator.

In accordance with Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where the citizen permanently or primarily resides; The place of residence of minors under 14 years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians.

In cases where the place of residence of the testator is unknown, including cases of registration of the testator only at the place of residence, the place of opening of the inheritance is the location of the inherited property, determined according to the rules of Part 2 of Article 1115 of the Civil Code of the Russian Federation.

Section 2 of the Methodological Recommendations for Registration of Inheritance Rights, approved by the decision of the Federal Notary Chamber dated March 25, 2019, Protocol No. 03/19, is devoted to determining in an indisputable manner the place of opening an inheritance.

Conditions and subjects in the process of accepting inheritance

Let us note that the subjects of inheritance relations are determined upon receipt of an inheritance, regardless of how the inheritance is obtained.

The peculiarities of accepting property inherited under the Civil Code are that the subjects are:

• Individuals and legal entities;
• persons living in another country. Restrictions exist only on inheritance of land;
• persons who have no citizenship at all;
• various organizations;
• municipal institutions;
• Russian Federation, its subjects;
• any foreign state;
• unborn children conceived during the lifetime of the testator.

At the same time, the conditions stipulated by law regarding who can become the subject of inheritance are important.

Age and full capacity do not affect whether a particular person is left with a will.

Legal entities can be claimants to an inheritance only if they are not liquidated at the time of acceptance of the inheritance.

An unborn child becomes a subject if a will was left for him after birth.

The law defines persons who do not have the right to receive an inheritance either by law or by will.

These include:

• heirs with malicious intent in order to obtain personal gain, concluding illegal transactions, trying to increase the part of the inheritance that could go to them, or committed actions due to which health problems began, and the premature death of the testator occurred;
• parents who did not fulfill parental obligations at one time and were deprived of parental rights by the court.

In addition to all of the above, heirs who improperly maintain the inherited property may be deprived of the rights to own it. In this case, restoring rights will be a problem.

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Persons who may be called upon to inherit

An heir is a person to whom the rights and obligations of the testator are transferred as a result of hereditary succession.

Citizens who are alive at the time of the opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance (Article 1116 of the Civil Code of the Russian Federation) can be called upon to inherit. Moreover, the term “citizens” includes not only citizens of Russia, but also foreign citizens, as well as stateless persons. Legal entities cannot be heirs by law.

Heirs under a will can also be legal entities.

In paragraph 15 of the Methodological Recommendations, approved. The decision of the FNP Board dated July 1-02, 2004 stated that the testator has the right to bequeath his property (clause 2 of Article 1116, clause 1 of Article 1119 of the Civil Code of the Russian Federation):

• heirs at law;
• persons who are not heirs by law;
• citizens of the Russian Federation, foreign citizens, stateless persons;
• legal entities, including foreign ones;
• Russian Federation, constituent entities of the Russian Federation, municipalities;
• foreign countries;
• international organizations

The Russian Federation, constituent entities of the Russian Federation, municipalities, foreign states and international organizations may be called upon to inherit by will, and the Russian Federation, constituent entities of the Russian Federation, and municipalities may be called upon to inherit by law in accordance with Article 1151 of the Civil Code of the Russian Federation.

Deadlines for accepting an inheritance

The fact of acceptance of the inheritance is determined either by a notary, or it is determined in a court hearing.

The actual acceptance of the inheritance is determined by a notary.

The heir, within six months from the date of death of the relative or testator, applies to the notary, declaring acceptance of the inheritance.

If the potential heir lived with the testator on his territory and continues to look after the housing and pay for services, the notary recognizes the actual acceptance of the inheritance. If an application for acceptance of the inheritance has been written, you can complete the final paperwork accepting the inheritance and re-register the documentation in your name without any problems after any period of time.

In other situations, it is necessary to apply to the court to establish the actual acceptance of the inheritance. There may be several people filing a claim. The court will determine that the inherited property has actually been accepted if there are no property disputes. If there are disagreements, they are also disputed in court. The court decision is issued after it enters into legal force. Acceptance of inheritance is carried out in the presence of a notary.

Unworthy heirs

Unworthy heirs are persons who do not have the right to inherit. The circle of these persons is defined in Article 1117 of the Civil Code of the Russian Federation, in particular, persons who, by their deliberate unlawful actions directed against the testator, any of the heirs or against the implementation of the last will of the testator, expressed in will, contributed or attempted to promote an increase in the share of the inheritance due to them or other persons, if these circumstances are confirmed in court. Thus, to recognize someone as an unworthy heir, one attempt at the above actions is sufficient.

Paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases” contains clarifications of some issues relating to the recognition of a citizen as an unworthy heir and his removal from inheritance.

Methods and procedure for accepting inheritance

So, we found out that in order to accept an inheritance, first of all, it is important not to miss the six-month period established by law to submit an application for acceptance of an inheritance.

Otherwise, the order in which the inheritance is accepted and the actions will change. Only with very significant evidence of the reasons why the deadline was missed, supported by documents, will it be possible to restore this deadline. Which, by the way, will take a lot of time and nerves going through authorities, waiting for the issuance of certificates and other documents.

Methods of accepting an inheritance are divided into actual and formal acceptance.

In reality, an inheritance is accepted when the heirs (most often close relatives live with the testator until his death) continue to own and manage the property. In such cases, the heirs will not lose their rights to this property, even if the deadline for entering into inheritance rights is missed, since the actual acceptance of the inheritance has already taken place.

Features of accepting an inheritance in the second way, formal. Your actions in this case are to go to a notary and submit an application that you accept the inheritance.

The final stage in both cases will be the issuance of a certificate confirming the right to inheritance of the established form. It is issued either to all of them one at a time or to each heir separately at will.

If you inherited real estate, your next step is registration with Rosreestr.

Civil Code of the Russian Federation Part 3

Chapter 64. ACQUISITION OF INHERITANCE

Article 1152. Acceptance of inheritance

1. To acquire an inheritance, the heir must accept it. To acquire escheatable property (Article 1151), acceptance of an inheritance is not required.

2. Acceptance by an heir of a part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located.

When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds .

Acceptance of inheritance under conditions or with reservations is not allowed.

3. Acceptance of an inheritance by one or more heirs does not mean acceptance of the inheritance by the remaining heirs.

4. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to the inherited property, when such a right is subject to state registration.

Article 1153. Methods of accepting inheritance

1. Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.

If the heir's application is handed over to the notary by another person or sent by mail, the heir's signature on the application must be certified by a notary, an official authorized to perform notarial acts (clause 7 of Article 1125), or a person authorized to certify powers of attorney in accordance with clause 3 of Article 185.1 of this Code . (as amended by Federal Law dated May 7, 2013 N 100-FZ)

Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. A power of attorney is not required to accept an inheritance by a legal representative.

2. It is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:

took possession or management of inherited property;

took measures to preserve the inherited property, protect it from encroachments or claims of third parties;

made at his own expense expenses for the maintenance of the inherited property;

paid at his own expense the debts of the testator or received funds due to the testator from third parties.

Article 1154. Time limit for accepting an inheritance

1. An inheritance can be accepted within six months from the date of opening of the inheritance.

If an inheritance is opened on the day of the expected death of a citizen (clause 1 of Article 1114), the inheritance can be accepted within six months from the date of entry into legal force of the court decision declaring him dead.

2. If the right of inheritance arises for other persons as a result of the heir’s refusal of the inheritance or the removal of the heir on the grounds established by Article 1117 of this Code, such persons may accept the inheritance within six months from the date on which their right of inheritance arises.

3. Persons for whom the right of inheritance arises only as a result of non-acceptance of the inheritance by another heir may accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of this article.

Article 1155. Acceptance of inheritance after the established period

1. At the request of an heir who missed the deadline established for accepting the inheritance (Article 1154), the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline ceased.

Upon recognition of the heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (clause 3 of this article). Previously issued certificates of the right to inheritance are recognized by the court as invalid.

2. An inheritance may be accepted by the heir after the expiration of the period established for its acceptance, without going to court, provided that all other heirs who accepted the inheritance consent to this in writing. If such consent in writing is given by the heirs not in the presence of a notary, their signatures on the consent documents must be certified in the manner specified in paragraph two of paragraph 1 of Article 1153 of this Code. The consent of the heirs is the basis for the notary to cancel a previously issued certificate of the right to inheritance and the basis for issuing a new certificate.

If, on the basis of a previously issued certificate, state registration of rights to real estate was carried out, the notary's decision to cancel the previously issued certificate and the new certificate are the basis for making appropriate changes to the state registration record.

3. An heir who accepted an inheritance after the expiration of the established period in compliance with the rules of this article has the right to receive the inheritance due to him in accordance with the rules of Articles 1104, 1105, 1107 and 1108 of this Code, which in the case specified in paragraph 2 of this article are applied insofar as the agreement concluded in writing between the heirs does not provide otherwise.

Article 1156. Transfer of the right to accept inheritance (hereditary transmission)

1. If an heir called to inherit by will or by law died after the opening of the inheritance, without having time to accept it within the established period, the right to accept the inheritance due to him passes to his heirs by law, and if all the inherited property was bequeathed - to his to heirs under a will (hereditary transmission). The right to accept an inheritance by way of hereditary transmission is not included in the inheritance opened after the death of such an heir.

2. The right to accept an inheritance that belonged to a deceased heir may be exercised by his heirs on a general basis.

If the remaining part of the period established for accepting the inheritance after the death of the heir is less than three months, it is extended to three months.

After the expiration of the period established for accepting the inheritance, the heirs of the deceased heir may be recognized by the court as having accepted the inheritance in accordance with Article 1155 of this Code, if the court finds valid reasons for missing this period.

3. The right of an heir to accept part of the inheritance as a compulsory share (Article 1149) does not pass to his heirs.

Article 1157. Right to refuse inheritance

1. The heir has the right to renounce the inheritance in favor of other persons (Article 1158) or without specifying the persons in whose favor he renounces the inherited property.

When inheriting escheated property, refusal of inheritance is not allowed.

2. The heir has the right to refuse the inheritance within the period established for accepting the inheritance (Article 1154), including in the case when he has already accepted the inheritance.

If the heir has performed actions indicating the actual acceptance of the inheritance (clause 2 of Article 1153), the court may, at the request of this heir, recognize him as having renounced the inheritance even after the expiration of the established period, if it finds the reasons for missing the deadline valid.

3. Refusal of inheritance cannot be subsequently changed or taken back.

4. Refusal of inheritance in the case where the heir is a minor, incompetent or partially capable citizen is permitted with the prior permission of the guardianship and trusteeship authority.

Article 1158. Refusal of inheritance in favor of other persons and renunciation of part of the inheritance

1. The heir has the right to refuse inheritance in favor of other persons from among the heirs by will or heirs by law of any order who are not deprived of inheritance (clause 1 of Article 1119), including in favor of those who are called to inherit by right of representation or in the manner hereditary transmission (Article 1156).

Refusal in favor of any of the following persons is not permitted:

from property inherited under a will, if all the property of the testator is bequeathed to the heirs appointed by him;

from the obligatory share in the inheritance (Article 1149);

if the heir is assigned an heir (Article 1121).

2. Refusal of inheritance in favor of persons not specified in paragraph 1 of this article is not permitted.

Refusal of inheritance with reservations or under conditions is also not allowed.

3. Refusal of part of the inheritance due to the heir is not allowed. However, if the heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), he has the right to refuse the inheritance due to him on one of these grounds, on several of them, or for all reasons.

Article 1159. Methods of refusing inheritance

1. Refusal of an inheritance is accomplished by submitting to an official at the place of opening of the inheritance a notary or a notary authorized in accordance with the law to issue certificates of the right to inheritance to an official of the heir’s application for renunciation of the inheritance.

2. In the event that an application for renunciation of inheritance is submitted to a notary not by the heir himself, but by another person or sent by mail, the heir’s signature on such an application must be certified in the manner established by paragraph two of paragraph 1 of Article 1153 of this Code.

3. Refusal of inheritance through a representative is possible if the power of attorney specifically provides for the authority to do so. A power of attorney is not required for a legal representative to renounce an inheritance.

Article 1160. The right to refuse to receive a testamentary refusal

1. The legatee has the right to refuse to receive a legacy (Article 1137). In this case, refusal in favor of another person, refusal with reservations or under conditions is not allowed.

2. In the case where the legatee is also an heir, his right provided for by this article does not depend on his right to accept the inheritance or refuse it.

Article 1161. Increment of inherited shares

1. If the heir does not accept the inheritance, refuses the inheritance without indicating that he is refusing in favor of another heir (Article 1158), will not have the right to inherit or will be excluded from inheritance on the grounds established by Article 1117 of this Code, or due to invalidity wills, the part of the inheritance that would have been due to such a fallen heir passes to the heirs by law called to inherit, in proportion to their inheritance shares.

However, in the case when the testator bequeathed all the property to the heirs appointed by him, the part of the inheritance due to the heir who refused the inheritance or fell away on other specified grounds passes to the remaining heirs under the will in proportion to their inheritance shares, unless the will provides for a different distribution of this part of the inheritance .

2. The rules contained in paragraph 1 of this article do not apply. if an heir who refused the inheritance or fell away for other reasons is assigned an heir (clause 2 of Article 1121).

Article 1162. Certificate of right to inheritance

1. A certificate of the right to inheritance is issued at the place of opening of the inheritance by a notary or an official authorized in accordance with the law to perform such a notarial act.

The certificate is issued upon application of the heir. At the request of the heirs, a certificate can be issued to all heirs together or to each heir separately, for all inherited property as a whole or for its individual parts.

A certificate is issued in the same manner when escheatable property is transferred in accordance with (Article 1151 of this Code to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. (as amended by Federal Law dated November 29, 2007 N 281-FZ)

2. If, after the issuance of a certificate of the right to inheritance, inherited property is identified for which such a certificate was not issued, an additional certificate of the right to inheritance is issued.

Article 1163. Time limits for issuing a certificate of the right to inheritance

1. A certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance, except for the cases provided for by this Code.

2. When inheriting both by law and by will, a certificate of the right to inheritance may be issued before the expiration of six months from the date of opening of the inheritance, if there is reliable data that, in addition to the persons who applied for the issuance of the certificate, other heirs who have the right for the inheritance or its corresponding part, is not available.

3. The issuance of a certificate of the right to inheritance is suspended by a court decision, as well as in the presence of a conceived but not yet born heir.

Article 1164. Common property of heirs

In inheritance by law, if the inherited property passes to two or more heirs, and in inheritance by will, if it is bequeathed to two or more heirs without indicating the specific property inherited by each of them, the inherited property comes from the date of opening of the inheritance into the common shared ownership of the heirs.

The provisions of Chapter 16 of this Code on common shared ownership are applied to the common ownership of inherited property by heirs, taking into account the rules of Articles 1165-1170 of this Code. However, when dividing inherited property, the rules of Articles 1168-1170 of this Code are applied for three years from the date of opening of the inheritance.

Article 1165. Division of inheritance by agreement between heirs

1. Inherited property that is in common shared ownership of two or more heirs may be divided by agreement between them.

The rules of this Code on the form of transactions and the form of contracts are applied to the agreement on the division of inheritance.

2. An agreement on the division of an inheritance, which includes real estate, including an agreement on the allocation of the share of one or more heirs from the inheritance, may be concluded by the heirs after issuing them a certificate of the right to inheritance.

State registration of the rights of heirs to real estate in respect of which an agreement on the division of inheritance has been concluded is carried out on the basis of an agreement on the division of inheritance and a previously issued certificate of the right to inheritance, and in the case where the state registration of the rights of heirs to real estate was carried out before their conclusion agreements on the division of inheritance, based on an agreement on the division of inheritance.

3. The discrepancy between the division of the inheritance carried out by the heirs in the agreement they concluded and the shares due to the heirs indicated in the certificate of the right to inheritance cannot entail a refusal of state registration of their rights to real estate received as a result of the division of the inheritance.

Article 1166. Protection of the interests of the child during the division of inheritance

If there is a conceived but not yet born heir, the division of the inheritance can be carried out only after the birth of such an heir.

Article 1167. Protection of the legitimate interests of minors, incapacitated and partially capable citizens during the division of inheritance

If there are minors, incapacitated or partially capable citizens among the heirs, the division of the inheritance is carried out in compliance with the rules of Article 37 of this Code.

In order to protect the legitimate interests of the said heirs, the guardianship and trusteeship authority must be notified about the drawing up of an agreement on the division of the inheritance (Article 1165) and about the consideration of the case on the division of the inheritance in court.

Article 1168. Preemptive right to an indivisible thing when dividing an inheritance

1. An heir who, together with the testator, had the right of common ownership of an indivisible thing (Article 133), a share in the right to which is included in the inheritance, has, when dividing the inheritance, a priority right to receive, on account of his inheritance share, the thing that was in common ownership, before heirs who were not previously participants in the common property, regardless of whether they used this thing or not.

2. An heir who has constantly used an indivisible thing (Article 133) that is part of the inheritance has, when dividing the inheritance, a priority right to receive this thing on account of his inheritance share over the heirs who have not used this thing and were not previously participants in the common ownership of it.

3. If the inheritance includes residential premises (a residential building, apartment, etc.), the division of which in kind is impossible, when dividing the inheritance, the heirs who lived in this residential premises on the day the inheritance was opened and do not have other residential premises, have before other heirs who are not the owners of the residential premises included in the inheritance, the priority right to receive this residential premises against their inherited shares.

Article 1169. Preemptive right to items of ordinary home furnishings and household items during the division of inheritance

An heir who lived with the testator on the day of opening of the inheritance has, when dividing the inheritance, a priority right to receive items of ordinary household furnishings and household items against his inheritance share.

Article 1170. Compensation for the disproportion of the inherited property received with the inherited share

1. The disproportion of the inherited property, the priority right to which the heir claims on the basis of Article 1168 or 1169 of this Code, with the inheritance share of this heir is eliminated by the transfer by this heir to the other heirs of other property from the inheritance or by the provision of other compensation, including the payment of appropriate monetary amounts.

2. Unless otherwise established by agreement between all heirs, the exercise by any of them of the preemptive right is possible after providing appropriate compensation to the other heirs.

Article 1171. Protection and management of inheritance

1. To protect the rights of heirs, legatees and other interested parties, the executor of the will or the notary at the place of opening of the inheritance shall take the measures specified in Articles 1172 and 1173 of this Code, and other necessary measures for the protection and management of the inheritance.

2. The notary takes measures to protect the inheritance and manage it at the request of one or more heirs, the executor of the will, a local government body, a guardianship and trusteeship body or other persons acting in the interests of preserving the inherited property. In the case where an executor of the will is appointed (Article 1134), the notary takes measures to protect and manage the inheritance in agreement with the executor of the will.

The executor of the will takes measures to protect and manage the inheritance independently or at the request of one or more heirs.

3. In order to identify the composition of the inheritance and its protection, banks, other credit organizations and other legal entities are obliged, at the request of a notary, to inform him about the information available to these persons about the property. belonging to the testator. The notary can communicate the information received only to the executor of the will and the heirs.

4. The notary carries out measures to protect the inheritance and manage it for a period determined by the notary taking into account the nature and value of the inheritance, as well as the time required for the heirs to take possession of the inheritance, but not more than six months, and in cases provided for paragraphs 2 and 3 of Article 1154 and paragraph 2 of Article 1156 of this Code, no more than within nine months from the date of opening of the inheritance.

The executor of the will takes measures to protect the inheritance and manage it during the period necessary for the execution of the will.

5. In the case when the inherited property is located in different places, the notary at the place of opening of the inheritance sends, through the territorial bodies of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, to the notary at the location of the corresponding part of the inherited property mandatory for execution of an order for the protection and management of this property. If the notary at the place of opening of the inheritance knows who should take measures to protect the property, such an order is sent to the appropriate notary or official. (as amended by Federal Law dated December 29, 2006 N 258-FZ)

6. The procedure for protecting and managing inherited property, including the procedure for inventorying the inheritance, is determined by the legislation on notaries. The maximum amounts of remuneration under an agreement for the storage of inherited property and an agreement for the trust management of inherited property are established by the Government of the Russian Federation.

7. In cases where the right to perform notarial acts is granted by law to officials of local government bodies and officials of consular offices of the Russian Federation, the necessary measures to protect the inheritance and manage it can be taken by the appropriate official.

Article 1172. Measures to protect inheritance

1. To protect the inheritance, the notary makes an inventory of the inherited property in the presence of two witnesses who meet the requirements established by paragraph 2 of Article 1124 of this Code.

When making an inventory of property, the executor of the will, heirs and, in appropriate cases, representatives of the guardianship and trusteeship authority may be present.

At the request of the persons specified in paragraph two of this paragraph, an assessment of the inherited property must be made by agreement between the heirs. In the absence of an agreement, the assessment of the inherited property or that part of it in respect of which an agreement has not been reached is carried out by an independent appraiser at the expense of the person who requested the assessment of the inherited property, with the subsequent distribution of these expenses among the heirs in proportion to the value of the inheritance received by each of them.

2. Cash included in the inheritance is deposited with a notary, and currency valuables, precious metals and stones, products made from them and securities that do not require management are transferred to the bank for storage under an agreement in accordance with Article 921 of this Code.

3. If the notary becomes aware that the inheritance includes weapons, he notifies the internal affairs authorities about this.

4. Property included in the inheritance and not specified in paragraphs 2 and 3 of this article, if it does not require management, is transferred by the notary under an agreement for storage to one of the heirs, and if it is impossible to transfer it to the heirs, to another person at the discretion of the notary.

In the event that inheritance is carried out under a will in which an executor of the will is appointed, the storage of the specified property is ensured by the executor of the will independently or by concluding a storage agreement with one of the heirs or another person at the discretion of the executor of the will.

Article 1173. Trust management of inherited property

If the inheritance includes property that requires not only protection, but also management (enterprise, share in the authorized (share) capital of a business partnership or company, securities, exclusive rights, etc.), a notary in accordance with Article 1026 of this Code as the founder of trust management enters into a trust management agreement for this property.

In the case where inheritance is carried out under a will in which an executor of the will is appointed, the rights of the founder of the trust management belong to the executor of the will.

Article 1174. Reimbursement of expenses caused by the death of the testator and expenses for the protection and management of the inheritance

1. Necessary expenses caused by the dying illness of the testator, expenses for his decent funeral, including the necessary expenses for paying for the burial place of the testator, expenses for protecting and managing the inheritance, as well as expenses associated with the execution of the will, shall be reimbursed from the inheritance within the limits of its value .

2. Demands for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate.

Such expenses are reimbursed before the debts are paid to the testator's creditors and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for protecting and managing the inheritance, and thirdly - expenses associated with the execution of the will.

3. To pay for the costs of a decent funeral of the testator, any funds belonging to him, including in deposits or bank accounts, can be used.

Banks, in whose deposits or accounts the testator's funds are located, are obliged, by order of the notary, to provide them to the person specified in the notary's order to pay the specified expenses.

An heir to whom is bequeathed funds deposited or located in any other accounts of the testator in banks, including in the case when they are bequeathed by testamentary disposition in a bank (Article 1128), has the right at any time before the expiration of six months from the date of opening inheritance to receive from the deposit or account of the testator the funds necessary for his funeral.

The amount of funds issued by the bank on the basis of this paragraph for the funeral of the heir or the person specified in the notary's resolution cannot exceed forty thousand rubles. (as amended by Federal Laws dated December 2, 2004 N 156-FZ, dated June 30, 2008 N 105-FZ)

The rules of this paragraph accordingly apply to other credit institutions that are granted the right to attract funds from citizens into deposits or other accounts.

Article 1175. Liability of heirs for the debts of the testator

1. The heirs who accepted the inheritance are jointly and severally liable for the debts of the testator (Article 323).

Each heir is liable for the debts of the testator within the limits of the value of the inherited property transferred to him.

2. An heir who accepted an inheritance in the manner of hereditary transmission (Article 1156) is liable to the extent of the value of this inherited property for the debts of the testator to whom this property belonged, and is not liable with this property for the debts of the heir from whom the right to accept the inheritance was transferred to him.

3. The testator’s creditors have the right to present their claims against the heirs who accepted the inheritance within the limitation periods established for the relevant claims. Before accepting the inheritance, creditors' claims may be brought against the executor of the will or against the estate. In the latter case, the court suspends consideration of the case until the heirs accept the inheritance or transfer the escheated property in accordance with Article 1151 of this Code to the Russian Federation, a subject of the Russian Federation or a municipal entity. (as amended by Federal Law No. 281-FZ of November 29, 2007)

When claims are made by creditors of the testator, the limitation period established for the relevant claims is not subject to interruption, suspension or restoration.

Acceptance of part of the inheritance and acceptance of the share

Accepting part of the inheritance means giving consent to the heir to accept the inheritance that is due to him, regardless of location, this also includes property discovered after the inheritance was accepted.

A share of the inheritance is accepted in cases where there is no will.

Property is divided equally after the fact of inheritance is established, the consent of the heirs is not taken into account.

The obligatory part must be given to minor or disabled children of the deceased, a spouse with a disability, parents and other people who are supported by the testator at the time of death, regardless of the consent of other heirs. It is impossible to set conditions for consent to accept an inheritance, that is, it is impossible to accept an inheritance under a condition or with reservations. Perhaps accepting the inheritance and refusing the inheritance, that is, it is necessary to agree to accept, as there is, or refuse at all.

The period for refusal of inheritance is also 6 months from the date of opening of the inheritance. It is quite difficult to restore the term when refusing an inheritance. It is necessary to prove valid reasons why the deadline was missed.

It is almost impossible to restore your rights to receive an inheritance if you refuse. Only by proving that the refusal was not of one’s own free will or was signed in a state of insanity is it possible to restore rights.

Inheritance (composition of inheritance, inheritance mass)

The composition of property transferred by inheritance from the testator to other persons (heirs) is traditionally called hereditary property, inheritance mass, inheritance.

In accordance with Article 1112 of the Civil Code of the Russian Federation, the inheritance includes property belonging to the testator on the day the inheritance was opened, in particular:

• things, including money and securities (Article 128 of the Civil Code of the Russian Federation);
• property rights (including rights arising from contracts concluded by the testator, unless otherwise provided by law or contract; exclusive rights to the results of intellectual activity or to means of individualization; rights to receive sums of money awarded to the testator, but not received by him);
• property obligations, including debts within the value of the inherited property transferred to the heirs (clause 1 of Article 1175 of the Civil Code of the Russian Federation).

By inheritance, it is impossible to transfer rights and obligations that are inextricably linked with the personality of the testator, for example, the right to receive alimony, the right to compensation for harm caused to the life or health of a citizen (paragraph 2 of Article 1112 of the Civil Code).

Debts of the testator . If the testator had obligations, for example, to compensate for losses or pay a penalty, then in the event of his death they pass to the heirs (with the exception of personal obligations).

Documents required to accept an inheritance by law and by will

Receiving an inheritance by law is more common. Inheritance according to the law is due:

• there is no will for anyone, or it has been declared invalid by the court, no matter for what reasons;
• not all property was bequeathed;
• the heir to whom the property was bequeathed, no matter for what reasons, refused to accept the inheritance.

As we have already mentioned, there are eight lines of heirs depending on the degree of relationship in relation to the deceased.

When the turn comes to receive an inheritance, it is divided among all applicants in this line in equal shares.

Acceptance of an inheritance by will, according to the Civil Code of the Russian Federation, occurs when a person has written an administrative document after death, in other words, a will. Acceptance of the inheritance is in this case consent to the execution of the will of the testator.

A will is written not only to relatives, acquaintances, but it doesn’t matter to whom.

In addition, you can disinherit everyone except minor children, spouses or parents of disabled people from non-working groups. This makes a big difference. If, according to the will, this category is deprived, it is possible to challenge it in court.

The reasons for disinheritance do not matter; the testator is not obliged to explain. Challenging through court is practically useless in this case.

Several orders can be drawn up after death, according to the Civil Code of the Russian Federation.

The administrator of the property can make changes or cancel the will during his lifetime at any time.

To accept an inheritance, the following documents are required:

• death certificate of the testator;
• documents that confirm the family ties between you and the deceased (marriage certificate, birth certificate);
• an extract from the house register, a certificate indicating where the deceased was registered, indicating the persons who lived with him on the day of death.

Within 6 months from the date of death, it is necessary to write an application for acceptance of the inheritance and collect the listed documentation. Go to a notary, or to the court to establish the actual acceptance of the inheritance. Write a statement of claim for acceptance of inheritance according to the sample in a certain form.

If you miss the deadline for good reasons, contact the court to restore and extend the deadline.

The cost of notary services is regulated by law and consists of the price according to the tariff plus the cost of legal and technical services.

The cost of issuing a certificate of inheritance for children, spouses, parents (if documents are provided that confirm family ties) is 0.3% of the assessed value of the property;

for all other heirs the cost is 0.6% of the assessed value.

Inheritance by law. Order of succession

Inheritance by law is inheritance on the terms and in the manner specified in the law and not changed by the testator in the will. Inheritance by law is the second basis of inheritance in cases where there is no will or it is void, etc.

Heirs by law are called upon to inherit in the order of priority provided for in Articles 1142 - 1145 and 1148 of this Code (Article 1141 of the Civil Code of the Russian Federation). The Code provides for 8 lines of inheritance:

• Heirs of the first stage are the children, spouse and parents of the testator (as well as the grandchildren of the testator and their descendants by right of representation);
• Heirs of the second stage are the testator's brothers and sisters (full and half-blood), his grandparents on both the father's and mother's sides (as well as the testator's nephews and nieces by right of representation);
• Heirs of the third stage - uncles and aunts of the testator (as well as cousins ​​of the testator by right of representation);
• The heirs of the fourth stage are the great-grandparents of the testator;
• The heirs of the fifth line are cousins ​​and granddaughters, great-uncles and grandmothers;
• Heirs of the sixth stage are cousins, great-grandsons and great-granddaughters, cousins, nephews and nieces, cousins, uncles and aunts;
• Heirs of the seventh stage - stepsons, stepdaughters, stepfather and stepmother of the testator;
• Heirs of the eighth stage are disabled dependents of the testator (Article 1148 of the Civil Code of the Russian Federation).

The heirs of each subsequent order inherit if there are no heirs of previous orders, that is, if there are no heirs of previous orders, or none of them has the right to inherit, or all of them are excluded from inheritance (Article 1117), or are deprived of inheritance (clause 1 of Article 1119), either none of them accepted the inheritance, or all of them renounced the inheritance.

For example, after death the testator did not leave a will. At the time of his death, the deceased had no children, spouse or parents, that is, heirs of the first stage, but there is a brother who will be called upon in this case to inherit by law as an heir of the second stage.

The rights of the heir and the consequences of accepting an inheritance

The heir, together with the acquired property, receives all the legal consequences of the accepted inheritance. By registering an inheritance, you acquire the right to make any transactions with property. Moreover, when making transactions of purchase and sale, donation and other such property, the consent of other family members is not required. But, besides the pleasant moments, remember that the debt obligations and responsibility of the testator are transferred to the heir, regardless of his consent.

For six months, starting from the date of death and the date of opening of the inheritance, everyone to whom the deceased owed money can present their debt claims and supporting documents. But, after 6 months, new creditors do not have the right to make monetary claims, despite the available documents confirming the debt of the testator arising in connection with the borrowing, loan money for the acquisition of property that is inherited, unless the period is restored through the court.

Property purchased with collateral may be alienated.

Also, when preparing documents, keep in mind that the transfer of the right to accept an inheritance may occur in cases where the heir has died (inheritance by transmission).

Transmission represents one of the types of inheritance by law.

By transmission, you will acquire the part that was allocated to the deceased heir.

Composition of legal successors

When registering an inheritance, one of the key issues is the composition of applicants. When inheriting by law, the order of recipients is provided for by the Civil Code.

The law defines 7 queues of applicants for property:

1. Parents, children, spouses.
2. Brothers/sisters of the testator, his grandparents.
3. Brothers/sisters of the deceased citizen's parents.
4. Great-grandparents.
5. Cousins/granddaughters.
6. Great-great-great-grandchildren of the deceased subject.
7. Stepfather/stepmother, stepsons/stepdaughters.

Property is distributed among relatives of the same line in equal shares. If the first-priority claimants renounced their rights or were not identified, then the assets of the testator pass to the next-ranking successors.

Important! If there are no recipients of the deceased’s property in all stages or they refuse the property, the inheritance is transferred to the benefit of the state.

If, when registering an inheritance, information about a conceived child is revealed, then he is a potential applicant. The notary suspends the issuance of documents until his birth. If the baby is born alive, then he is included in the priority legal successors.

If the testator had dependents, then they are entitled to a certain share of the property. When registering an inheritance according to the law, dependents are included in the circle of legal successors of the corresponding order. Their share is similar to that of the legal heirs.

Registration of inheritance by power of attorney

Due to the fact that the process of registering inheritance rights is quite lengthy and painstaking, stretching over several months, they often use the services of a representative. In order for him to fully represent the interests of the heir and carry out all necessary actions on his behalf, he must have a power of attorney.

The text part of such a power of attorney must list all the powers vested in the representative and what actions he can perform.

For a power of attorney, the legislation of the Russian Federation does not provide for a special form or a specific sample or form.

The text of the power of attorney can be written in any form.

An important condition is to indicate the validity period of such a power of attorney. The power of attorney must be notarized.

The certificate of inheritance is issued in the name of the heir; it does not matter whether he receives it himself or a representative.

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