How does acceptance of inheritance occur under conditions or with reservations?

The death of a loved one, as a rule, is a serious blow and tragedy for his relatives, friends and acquaintances. In the first days after it, they are usually busy organizing the funeral and other issues related to seeing off the “last journey” and preserving the good memory of the deceased.

However, it should be understood that the death of a citizen gives rise to a lot of legal consequences. Thus, the most significant of them is the question of the status of the property of the deceased, which is included in the inheritance mass. Relatives and other interested parties must determine the circle of heirs, and they, in turn, perform certain legally significant actions aimed at accepting or refusing the inheritance.

Introduction Features

Acceptance of an inheritance, as a rule, gives rise to additional property rights among citizens. In this regard, in the overwhelming majority of cases, it occurs on the initiative of the heirs themselves without any delay.

However, there are certain situations when accepting an inheritance is associated with certain problems and in many ways turns out to be unprofitable or unacceptable for the heir. Here are the most common cases of accepting an inheritance with conditions and reservations:

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1. The presence of a significant amount of obligations of the deceased . It was already mentioned above that inheritance includes not only property and corresponding rights, but also obligations. Thus, if the testator has significant debts, then they are passed on to the heirs in proportion to their share in the inheritance. Sometimes the volume of obligations significantly exceeds the volume of property rights. Despite the fact that when accepting an inheritance, they are transferred to the legal successor in an amount no greater than the volume of property rights themselves, inheritance in this case can become extremely undesirable.
2. Illiquid property . In some cases, the estate may include property, the maintenance of which is burdensome without the possibility of its subsequent sale.
3. Unfavorable location of inherited property.

For example , if the location of the inherited property is remote from the place of residence of the heir, then the latter may have difficulties with its maintenance and use, which means the feasibility of its acceptance is questionable. In this regard, successors have a question about the possibility of inheritance under conditions and with reservations.

Concept of conditions

In general terms, a condition should be understood as a circumstance on the fulfillment of which certain actions depend.

For example, an heir may express a desire to accept the inheritance only in terms of property rights, excluding obligations.

What are reservations

A reservation should be understood as an addition or remark to the issue under consideration. Again, in relation to inheritance, a reservation can be considered the will of the heir to receive property in the presence of certain circumstances. For example, after coming of age.

Actual entry into inheritance rights

There is a procedure that allows you to avoid the hassle of going to a notary. There will be no courts either, if you contact local authorities. Write an official request to formalize the actual acquisition of the inheritance, wait until the date the certificate is issued. After this, re-register the property in your name. This method of acquisition allows you to re-register apartments, cottages, country houses intended for permanent residence, as well as the property located inside them.

Under what conditions is it feasible?

The main condition for acquiring an actual inheritance is cohabitation. An additional requirement is to make mandatory payments related to the maintenance of the property. Utilities, repairs, purchase of care products, etc. are paid. Providing receipts is required. You may not be a relative of the deceased or not be a dependent. The fact of living in the last years of life is a sufficient reason to actually purchase an apartment by inheritance.

Concept of inheritance

Issues related to inheritance are strictly regulated by current legislation. Thus, the main source of law in this case is the Civil Code of the Russian Federation (Civil Code of the Russian Federation). Section V of this legal act entirely regulates inheritance legal relations.

So, from the point of view of the law, the inheritance opens from the moment of the citizen’s death. All property that he has under the right of ownership or the right of lifelong inheritable ownership is included in the so-called inherited mass.

Important! Along with property rights, the law provides for the transfer of the obligations of the deceased to the heirs. Such obligations, first of all, should include monetary debts.

According to the law, there are several forms of inheritance. Let's take a closer look.

By will

A will represents the special instructions of the deceased, carried out by him during his lifetime. It concerns issues related to the distribution of his property in whole or in part between certain persons. The law establishes freedom of will , which means that the testator has the right to independently determine the circle of heirs. The latter can be individuals (not necessarily relatives), organizations and even the state.

However, it should be noted that in some cases the freedom of will may be limited. Thus, the current legislation identifies persons who have the right to an obligatory part of the inheritance mass. As a rule, they are disabled dependents of the testator.

The will is strictly in written form and must be certified by a notary. It is possible to challenge a will, but only in expressly provided cases. In practice, challenging is an extremely problematic procedure.

In law

If there is no will, then the heirs are called upon to inherit in the order of priority established by law. There are a total of seven corresponding queues. Belonging to one or another line is determined by the degree of relationship with the testator.

So, first of all, the parents, children and spouse of the deceased are called upon to inherit. If they are absent, then the heirs of the second stage can claim the property, and if they are absent, the heirs of the third stage and so on.

Important! The considered forms of inheritance are the most traditional in domestic practice. Not long ago, a third form was introduced into legislation - an inheritance agreement, but at the moment it is not widely used.

Once the circle of legal successors has been determined, they need to contact a notary to declare their rights. This must be done within 6 months after the death of the testator. Then an assessment of the inherited property should be carried out. It is necessary to determine the amount of the state fee that is paid to the notary.

After the expiration of the six-month period, the legal successors are issued a special document at the notary’s office - a certificate of the right to inheritance. On the basis of it, the ownership of this or that property is registered with the relevant government bodies.

For example, the right to real estate is registered in Rosreestr . Registration is carried out upon presentation of title documents, death certificates and certificates of inheritance. After the re-registration of ownership, the inheritance is considered accepted, and the procedure for its acceptance is completed.

On accepting inheritance in the Russian Federation in 2021

Acceptance of inheritance in jurisprudence is a procedure whose aspects and nuances are clearly regulated by the Civil Code of the Russian Federation, namely Chapter 64. Moreover, according to Article 1110 of the Civil Code, this procedure presupposes full legal succession. That is, all the property of a citizen passes after his death to his heirs unchanged, in full.

Expert opinion

Oleg Ustinov

Practicing lawyer, author of the website “Legal Ambulance”, one of the co-founders of the “Our Future” foundation.

Simply put, this means that all hereditary responsibilities, together with rights to property, pass to the heir in full, without the possibility of renouncing any of its parts. If the heir accepts one object acting as a share of the inheritance, he accepts the entire part of the inheritance due to him, as well as the obligations and rights that are associated with it.

For example, such a person cannot inherit only the testator’s apartment and express his refusal of the unpaid mortgage on this property.

The only exception to the rule, perhaps, is the situation when the heir has the right of inheritance both by will and by law. In this case, the citizen has the right to choose between parts of the inheritance, choosing one of them and refusing the other.

As you can see, each heir, having learned about the inheritance due to him, must choose :

1. refuse inheritance;
2. accept inherited property.

When several heirs are called to inherit at once, each of them will have to make their own choice. Thus, the acceptance of part of the inheritance by one heir does not mean that the remaining heirs will make the same choice.

For reflection and expression of such a choice, Russian legislation has established a six-month period. At this time, applicants for property must submit a corresponding application to the notary. It should be clear from the contents of the document: does the citizen want to inherit property or not?

Is it possible to refuse to join?

If the heir does not plan to acquire the right to the inherited property, then he can refuse it entirely (as mentioned above, refusal of part of it is unacceptable from the point of view of law).

In this case, the refusal can be either with an indication of the persons to whom the successor actually transfers his right to inheritance, or without indicating specific persons.

It should be noted that the refusal cannot be reversed , in other words, having once abandoned the inherited property, it is impossible to subsequently claim it.

The refusal is issued in writing by a notary. In addition, the heir may not apply for the inheritance at all within the prescribed period. Then the property will be transferred to other legal successors or (if there is only one heir) will become escheat. However, in order to avoid certain possible difficulties, it is still recommended to appear before the notary within the period specified by law to issue a written refusal.

Recommendations from Legal Ambulance lawyers

Based on the information discussed above, according to the existing legislation as of 2021, heirs cannot set conditions and put forward ultimatums when receiving inherited property. The right of such citizens is to accept the inheritance in its entirety, along with its obligations, or to refuse it. You can learn more about this from this video:

However, despite the firm position of the letter of the law, you should not rashly refuse material benefits, even if the conditions for receiving them are unacceptable to you. Remember that even in the most complex legal situation, you can minimize the negative aspects while obtaining more benefits. Previous

Inheritance in the Russian FederationHeirs of the first stage after the death of one of the spouses

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Inheritance in the Russian FederationHow to enter into an inheritance under a will for an apartment

Obtaining a certificate

After submitting all the necessary documents, all that remains is to wait for the expiration of the six-month period from the date of opening of the inheritance and receive the appropriate certificate. In cases where the range of applicants is clear and the documents are submitted promptly, it is possible to receive a certificate ahead of schedule. It is issued to each of the heirs or one for all. If the application for inheritance expressed a desire to receive one certificate, then there is no need to submit a separate application.

A certificate is not issued if the distribution of shares took place in court.

If, after some time, property was discovered that was not taken into account during the division, additional certificates are issued for it.

The procedure for registering an inheritance agreement

The agreement is drawn up in accordance with the requirements of the Civil Code.
Algorithm of actions of participants:

• oral agreement on the terms of the future inheritance agreement;
• drawing up the contents of the contract (independently, with the assistance of a lawyer);
• familiarization with the contract;
• signing an agreement;
• contacting a notary to approve the contract;
• the lawyer checks the contents of the agreement, eliminates errors, familiarizes the participants with the rights and obligations, and the consequences of drawing up the contract;
• registration of the agreement.

After this, implementation of the terms of the agreement begins. Notarized approval of the contract is required; the original agreement remains with the notary.

Required documents

Participants must prepare the following documents:

• heir's passport;
• testator's passport;
• technical documents for property;
• title documents for property;
• conclusion of the estimated value;
• receipt for payment of state duty.

All documents are submitted with copies.

Form and content of the agreement

The agreement is signed in accordance with the following form requirements:

• written only;
• in Russian (when a foreign citizen signs an agreement, two copies are made, one of which is in Russian, and the second in a foreign language);
• Signatures are placed by all participants present during the drawing up/execution of the agreement.

There is no practice of using this institution, since the possibility of drawing up an inheritance agreement was added quite recently.

But, like other types of civil agreements, the contract must have the following sections of information:

• personal information of the testator (a natural, sane person who has reached the age of majority);
• personal data of the heir (individual or legal entity, charitable organizations);
• Title of the document;
• date and city of drawing up the agreement;
• an indication of the mutual, voluntary desire of the parties to formalize an inheritance agreement;
• conditions for receiving an inheritance;
• list of entrusted obligations;
• the date of entry into force of the agreement;
• consequences of non-compliance with the contract.

Cost of concluding a contract

Article 333.24 of the Tax Code of Russia provides that the execution of an inheritance agreement will cost the participants 0.5% of the value of the property. There is no direct reference to the inheritance agreement in the code, but this price is indicated for the approval of any property agreements.

An analysis of the cost of notary services shows that participants will have to spend approximately 1,500 rubles + 12,000 rubles for technical services of a notary.

This price includes:

• making copies (100 rubles per 1 page);
• approval of the contract with error checking and legal accuracy (100 rubles per 1 page).

Additional assistance in drawing up the contents of the contract will cost from 3,000 rubles.

Procedure for acquiring valuables

To receive the deceased's belongings, the successor must enter into an inheritance. This procedure allows you to acquire ownership of goods and is a unilateral transaction reflecting the intention of the successor. The beneficiary is free to exercise his right or refuse it. The decision is made without setting conditions. According to Art. 1152 of the Civil Code of Russia, consent to the acceptance of one of the assets entails recognition of inheritance in full.

Important! If there are several beneficiaries, they accept the items personally. This is evidenced by the provisions of civil law, in particular, Art.

1152 Civil Code. The agreement of values ​​by one of the applicants does not automatically entail the acceptance of benefits by the remaining successors.

What methods of acquiring property are there?

There are two methods. The first is formal according to the law, the second is factual. The legal method involves filing an application with a notary and opening a case to enter into inheritance. After six months, the citizen is issued a corresponding certificate.

The actual method involves receiving property without going to a notary's office. A person becomes an owner only after completing the mandatory actions related to the ownership and disposal of assets. The list of main events is indicated in Art. 1153 of the Civil Code of the Russian Federation and contains:

• use of the apartment (house, room) in which the manager and the beneficiary lived;
• ensuring the safety of property;
• incurring costs associated with the need to maintain the facility;
• payment of utilities, repayment of the deceased’s debt, obtaining loans from other persons taken from the deceased during his lifetime.

Documentation

Regardless of the method of entering into inheritance, you need to collect a package of papers and submit them to a notary. Documents are confirmation of the rights that a citizen has. The list of acts directly depends on the circumstances. The list can be requested directly from the notary office. As a rule, the applicant will need to have the following documents on hand:

• passport;
• death certificate of a loved one;
• a certificate received from the last place of residence of the will-maker;
• will (if any);
• papers evidencing the relationship between the successor and the deceased (certificate of registration of a union, birth (adoption) of a child, dissolution of a relationship, change in personal data);
• documents on registration of rights to property, technical and other information about objects;
• receipt of payment of the duty required by current legislation.

When is the certificate issued?

The act is a document confirming the rights of a citizen to receive benefits from a deceased relative. It is drawn up in the notary office in which the case is located. Issue is carried out to applicants who have submitted an application or completed the previously described actions. The lawyer carefully studies the information provided by the citizen and makes sure that the information is up to date. Verifying evidence and collecting data about potential beneficiaries (location of objects) takes a lot of time.

Important! The certificate is issued within six months from the date of death of the will-maker. At the same time, if there is evidence of the absence of other persons who can lay claim to the benefits, the paper may be provided to persons ahead of schedule

After a person’s consent to receive items acquired by a loved one, as well as passing the initial stage, which involves formalizing the procedure by a lawyer, the citizen must register the property. This applies to objects that require mandatory registration with government agencies. You will need to visit the Rosreestr office with an application and the following documents: passport; a certificate conferring official status on the successor; valuable papers; receipt confirming the transfer of funds towards the fee. After 30 days, the new owner will be able to carry out any actions with the items provided for by the legal acts.

Sources

• https://ros-nasledstvo.ru/priobretenie-nasledstva/
• https://www.mos.ru/otvet-semya-i-deti/kak-oformit-nasledstvo/
• https://onasledstve.ru/nasledstvo/priobretenie-nasledstva/
• https://jurist-f.ru/zakon/gk-rf/182-gk-rf-1/razdel-2/647-glava-14.html
• https://semyahelp.ru/drugoe/nasledstvo/priobretenie-nasledstva

Consequences of non-acceptance of property

The situation decides everything:

1. Refusal to acquire in the presence of a will. Valuables are distributed among the persons indicated in the document by the testator himself.
2. Refusal of inheritance by law indicating a successor. The applicant is the subject specified in the refusal documentation.
3. Ignoring submission of demands. Then the inheritance is received by competitors by will or by law, respectively.

If none of the above are alive or they also refuse, the valuables will be transferred to the state.