When is a will read out after death?

Entry into inheritance rights

According to the law, heirs submit an application to the notary authority within six months after the death of a relative.
At this point, the notary notifies the relatives of the deceased about the existence of a will, and also explains how and when the will is announced after the death of the deceased. He schedules its opening, if it is a closed will, and its announcement 15 days after the heirs apply. The heirs have the right to contact the notary with a question about whether there is a will even immediately after death, but the latter can refute or confirm the fact of its existence, but not disclose the contents. The very moment of assuming the rights of an heir involves submitting the following documents to the notary office:

Passports;
A document confirming and characterizing the degree of relationship with the deceased;
A document confirming the death of a relative;
Application for inheritance.

https://www.youtube.com/watch?v=LppEWMUj8Zk

Statute of limitations for a will

Deadlines vary:

The heir, upon expression of his will, may go to court within 10 years to restore the term. The period begins to run from the moment the person learns of the death of the owner.
Legal successors can go to court to challenge the will within 3 years. The period begins to run from the moment the person becomes aware of the violation of rights.

If there was more than one will, then in the event of a challenge to the expression of will, the document drawn up earlier comes into force. But it can also be disputed. The statute of limitations in this case is calculated from the date the court decision to challenge the first will comes into force.

Example. In 2011, my grandmother drew up a will for her eldest son. The grandson (son of the youngest son) decided to challenge the grandmother’s last will, since she suffered from dementia and was registered at a psychoneurological dispensary. The court satisfied the requirements and challenged the will. But it turned out that in 2010 the grandmother executed a similar will. The grandson wanted to challenge it too, but the court refused because the statute of limitations had expired. But the Supreme Court did not agree with the decision, since at the time of challenging the previous will, the old one was not valid. It came into force only from the moment the court decision to challenge the expression of will of 2011 came into force (Definition of the Supreme Court No. 11-КГ19-1).

When a will is promulgated after the death of the deceased

The registration of the citizen's last will takes place at the notary. In exceptional cases, other persons can also record the last will. Once the grounds for distribution of shares in the property of the deceased have arisen, the procedure for receiving an inheritance begins to apply. It is enshrined in law and represents a certain procedure. It involves the successors who are indicated in the last will and the notary himself.

The procedure for obtaining shares includes several stages and is a one-sided transaction. One of the stages of this transaction is the reading of the will by a notary.

The announcement of a closed will is carried out by a notary according to the same rules. The main thing in this process is to check the presence of seals on the envelope and the signatures of two witnesses. Such measures are designed to prevent possible manipulation of the document and distortion of the last will. After all, a closed document has its own specific characteristics.

The main feature of a closed order is that the text of the document is not known to anyone. When drawing up the last will, the text of the document was prepared initially and no one was familiar with it. The paper is placed in an envelope in the presence of two witnesses. The envelope flaps are equipped with seal impressions. And on the envelope itself the signatures of witnesses are affixed.

Closed will

The procedure for announcing the expression of will in closed form is carried out in the following order:

Transferring the death certificate to a notary.
Search for beneficiaries by a lawyer.
Setting a date for announcement (the period, as a rule, does not exceed half a month after receipt of the documents).
Checking the documents of persons who came to familiarize themselves with the last will of a relative.
Opening the envelope and reading the contents of the paper.
Drawing up a protocol reflecting the contents of the will, transferring its copies to the beneficiaries.

Question:

Do I need to pay to attend the announcement of a closed expression of will?

Answer:

Applicants will have to pay a fee to open the envelope and familiarize themselves with its contents. It consists of two components. Firstly, funds are deposited in accordance with the requirements of Art. 333.24 Tax Code of the Russian Federation (300 rubles). Secondly, the services of a lawyer are paid for, consisting of legal and technical support of the process (depending on the region of residence of the deceased, for example, in Moscow - 2,600 rubles).

Time limits for probate of a will after death

After the document is drawn up and certified by a notary, one copy remains in the hands of the testator, and the second copy is kept by the lawyer in his office until the need arises. In this case, the notary has no right to disclose not only the essence of the will, but its existence. In addition, after completing the document execution procedure, the notary is obliged to enter the details into a unified register.

After the death of the testator, interested parties must contact the notary, presenting personal identification and a document confirming the death. If the will mentions exactly the people who came to the lawyer, he will be able to read it out. In addition, they may have a second copy on hand, so they will already be familiar with the essence of the document, and formalities will need to be resolved. You must contact a notary's office no later than six months after the death of the testator.

According to the Civil Code of the Russian Federation, a will is announced immediately after the fact of the death of a citizen is established. Since the notary does not receive information about the death of people, the reading of the will must take place upon the application of one of the interested parties. After this, the notary notifies all successors, assigns them a time and reads out the text of the document.

The main stages of accepting closed wills and their announcement

The closed will is handed over by the testator to the notary in a sealed envelope, in front of two citizens who are witnesses to it. A notary accepting a closed will:

Asks to put signatures of citizen witnesses on the envelope with the testamentary act;
Repackages it in a new envelope;
Put the date and time of reception on the new envelope;
Again asks witnesses to sign;
Places the envelope for safekeeping in a special order for closed wills.

The announcement of a closed will occurs when the heirs apply to accept the inheritance. They provide a standard package of documents. The notary must carry out the procedure for proclamation of the will within 15 days. To do this, he sets the time and date for its autopsy, and also explains the features of the procedure and notifies about the need for the presence of two witnesses. The procedure itself involves the following procedure:

At the beginning of the procedure, the notary establishes the identities and family ties of those present with the deceased testator;
Makes a copy of the document on the death of the testator;
In the presence of the heirs and witnesses, the notary must open the envelope containing the closed will.

The procedures for opening wills occur in accordance with the procedure established by paragraph 4, article 1126 of the civil law.

The notary reads out the information from the first envelope: information about the citizen who made the will, the date of its reception, information about the witnesses present at that moment;
This envelope is opened so as not to damage the notes on it;
The main envelope with the testamentary document is opened; it is important to preserve the signatures of the citizens who testified;
The text of the will is read out, checked and the signature of the testator is shown to those participating in the process.

Upon completion of the proclamation procedure, the notary draws up a protocol for the proclamation of a closed type will in the form prescribed by law.

Many users are interested in the question: a will or a deed of gift, which is better? The answer is on the pages of our resource. Is it possible to draw up a deed of gift after entering into an inheritance? Find out here. In addition, in this article we talked about the procedure for inheriting an apartment through a deed of gift.

Entering into inheritance after death

Content

Who can receive an inheritance
Inheritance without a will
The order of inheritance by will
What documents need to be submitted
Terms of entry into rights
Registration costs and taxes

In connection with the death of a person, an indefinite number of persons have the right to inherit the citizen’s property. At the same time, heirs by law or by will have the opportunity to accept or not accept the inheritance. They must take certain actions by contacting a notary, who is charged by law with the obligation to formalize inheritance rights. Which notary can you register an inheritance after death? You can do it at your place of residence or wherever it is convenient.

Time limits for refusal of an heir under a will

The heir has the right to refuse inheritance under a will within 6 months after the death of the owner. The assignee can use all methods of refusal:

Default. The assignee does not contact the notary within 6 months and does not actually accept the property. Such actions are regarded as a refusal of inheritance.
Address. The successor turns to a notary and submits an application to transfer his share of the property to another successor by law or by will. Such a refusal is not possible if the owner has appointed a sub-heir.
Absolute. The heir turns to the notary and submits an application for refusal to enter into the inheritance. In this case, his share is divided among other legal successors under the will.

Reference! A written refusal cannot be taken away. As judicial practice shows, even the courts do not recognize the refusal as illegal.

Who can be an heir according to the will?

The following may enter into inheritance after the death of the testator in accordance with the will:

individuals;
children of the deceased who were already conceived but not yet born at the time of his death;
any domestic or international organizations;
Russian Federation or any of its active subjects.

All persons who were not mentioned in the will, as well as those who were found unworthy of these rights in accordance with a court decision, cannot claim inheritance. Usually, such citizens are recognized as having committed criminal acts against the deceased, other heirs, and/or intentionally seeking to disrupt the legal distribution of the inheritance.

It is worth mentioning separately the category of heirs who have a mandatory share. They will receive a certain part of the property regardless of the circumstances, and even if they were not mentioned in the will. Such heirs usually include representatives of the most vulnerable categories of the population - disabled people, incapacitated people, minor children, and so on.

How to restore a missed deadline?

Missing the deadline does not mean a final loss of rights to inheritance.
In exceptional cases, the right can be restored in court. To do this you need:

Collect documents.
File a claim.
Contact the court at the place where the inheritance was opened.

If a citizen proves that the deadline was missed through no fault of his own, the court will satisfy his demands.

The law does not indicate which circumstances are considered valid. But as judicial practice shows, the requirements will be satisfied if the heir:

was undergoing treatment;
was on a long business trip;
lived outside the country;
did not know about the death of the owner.

But the reasons listed are not exhaustive. Therefore, you can go to court in other cases.

However, if a citizen knew about the need to enter into an inheritance, but deliberately did not do so, then the restoration of the period will be denied.

Example. Sisters Irina and Marina were supposed to inherit after the death of their mother. The inheritance included the mother's apartment. But Marina was registered to improve her housing conditions and, if she owned an apartment, she lost the right to a housing subsidy. Therefore, they agreed that Marina would not go to the notary, and Irina would take over the inheritance, sell the apartment and give Marina part of it. But Irina’s son got married, the woman registered an inheritance and decided not to sell the apartment, but to give it to her son. Marina went to court to restore the term and get her share of the property. But the court refused to satisfy the demands, since the woman knew about the death of her mother, and she herself decided not to formalize the inheritance.

Do I need to register property if there is a will?

The specifics of receiving the testator's property are regulated by Article 1152 of the Civil Code of the Russian Federation. The regulatory legal act applies to all recipients, regardless of the grounds on which they want to receive the property. The fact is that a will is just an order from the owner regarding his property. The transaction is considered one-sided. Therefore, legally significant actions must be agreed upon with the legal successor.

The fact is that in addition to the benefits, the following are inherited:

accumulated debts;
loans and mortgages;
other obligations of the testator to be transferred.

In order for a person to inherit, there must be a valid will and there must be no reason to deem the heir unworthy. Additionally, you must comply with the established deadlines for filing an inheritance application. In practice, you may encounter problems related to a will. They usually arise if there are gross violations of the law or there is no information about the location of the document.

A will may be invalidated in the following situations:

the paperwork procedure was violated;
the document was drawn up by an incompetent testator or a person suffering from mental disorders;
the paper was drawn up under physical or moral influence from others.

If at least one of the listed conditions is present, the will is considered void. The procedure is carried out in court.

Validity period of the certificate of inheritance right

Do not confuse a certificate of inheritance with a certificate of ownership. These have already been canceled or, more precisely, replaced by extracts from the Unified State Register of Real Estate. And besides, they assumed the accomplished fact of registering the property in the name of the new owner.

A certificate of inheritance is not a final document. You will just have to contact the registration authorities with it. This certificate has no statute of limitations, just like a will. However, property passed by inheritance cannot remain in limbo for a long time. Sooner or later, government agencies will face the question of appointing an owner. Therefore, you should not delay registration.

Entry into inheritance in Ukraine 2021: documents, rules, procedure

first priority – spouses, parents of the deceased and children (both natural and adopted);
second line - brothers, sisters, grandchildren, grandparents.
third line - nephews, uncles, aunts, etc.;
fourth priority – persons who lived in the same family with the testator for 5 years;
fifth priority – dependents who are not family members.

There is no other way for legal heirs but to register an inheritance in Ukraine as a result of the procedure for its acceptance through a previously submitted application. This task must be completed within 6 months from the date of death of the legal owner of the property (father, mother, husband and other persons). This application must be submitted in person. Children over 14 years of age have every right to act independently , and guardians or parents will do everything on behalf of minors.

the original will, if any;
passport and code of the interested person;
a statement certifying consent to accept the inheritance;
papers on kinship;
documents evidencing legal ownership;
real estate appraisal certificate, which will be needed by heirs starting from the 3rd degree of relationship.

declare in writing to the notary your intention to enter into inheritance rights;
take a Resolution drawn up by a notary confirming the refusal to perform a notarial act;
contact a lawyer to file a claim and support cases in court.

Period for restoration of inheritance rights

When a person finds out late about his share of the inheritance, he can try to resolve this issue out of court. To do this, he must come to an agreement with other heirs. In this case, the notary draws up a written consent of all shareholders to the redistribution of the inheritance. The lawyer issues new certificates of title, and on their basis the property is re-registered. When the period for entering into inheritance expires, rights can only be restored through the court, even if there is only one heir.

Expert commentary

Potapova Svetlana

Lawyer

The period in which a claim can be filed begins from the day the person became aware of the inheritance, or the circumstances that prevent entry into the inheritance have changed. That is, if a person learned that he was entitled to an inheritance decades later, after the death of the testator, then from the moment of discovery of this information, he has 3 years to collect the relevant evidence and defend his rights in court. If during this period the heir is not reinstated in court, he will lose the right to inheritance forever.

To restore the right of inheritance, it is necessary to prove to the court with documentary evidence that the person was unable to receive the inheritance for good reasons.

Such reasons may be the following:

The heir was away for a long time and did not know that a relative had died;
The heir lives in another state or a remote locality where communication with him is difficult;
A serious illness due to which the heir was temporarily incapacitated or could not move;
The heir was deliberately misled by other recipients of the inheritance pursuing personal interests.

If a person has not entered into an inheritance due to simple negligence, the court will refuse to restore rights.

Gift deed or will in Ukraine – what to choose?

Each institution of civil law has its own purpose, determined by the Legislator. It is necessary to apply to legal relations the rules that were created specifically for them. Without hesitation, you can understand that the word “donation” means to give a thing free of charge.

It is worth noting that the Civil Code of Ukraine (CCU) does not contain the concept of “gift”. A legal relationship when one party gives ownership of property to the other party free of charge is called a gift agreement.

According to Part 1 of Art. 626 of the Civil Code, an agreement is an agreement between two or more parties , aimed at establishing, changing or terminating civil rights and obligations. Under a gift agreement, there are two parties, but only one performs the actions. Such an agreement is called unilateral, but this does not mean that the donor can terminate it at his own discretion. Everything is much more complicated here.

A gift agreement is an agreement according to which one party (the donor) transfers property to the other party (the donee), or undertakes to transfer ownership of property free of charge in the future. The donee's right of ownership arises from the moment of acceptance of the thing, and to real estate - from the moment of state registration. A deed of gift for an apartment (as well as for any other piece of real estate) is drawn up in writing and is subject to notarization.

The gift agreement may be concluded by his representative instead of the donor. Mandatory condition: the power of attorney must indicate the name of the donee, otherwise the agreement will be void. Such a power of attorney must be notarized.

Terminating a gift agreement is more difficult than revoking a will. As a general rule, contractual legal relations are terminated by agreement of the parties. In some types of contracts, unilateral refusal is possible. Rarely does the donor have grounds to refuse the contract, and in some cases, the right to terminate it.

Having concluded a gift agreement with an obligation to transfer the gift in the future, the donor can refuse it if the financial situation has worsened.

Grounds for termination of deed of gift:

Duration of the will for an apartment

The document of inheritance of an apartment before the law is no different from the documents according to which other movable and immovable property is transferred to the heirs, therefore there is no validity period for a will for an apartment.

Despite this, heirs should hurry up and take over their inheritance rights within 6 months. Since, if the heirs specified in the will do not accept the transferred property, then the apartment will go to relatives, in accordance with current legislation. If the testator does not have any, the apartment will become the property of the state. And further restoration of inheritance rights will be carried out only in court.

It is also recommended to enter into rights to inherited living space as soon as possible in order to avoid loss of relevance. For example, a relative did not know for many years that he had been left living space in his will. Over the years, the building in which the apartment was located was destroyed by a natural disaster, or was demolished due to the fact that it became uninhabitable. It turns out that this property no longer exists, and accordingly it is simply impossible to enter into inheritance rights. In this case, the last will of the testator is recognized as irrelevant, although its validity is unlimited.

How to make a will for an inheritance during your lifetime

Important! Please keep in mind that:
Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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For all regions of the Russian Federation

All the rules and nuances of drawing up a will are reflected in Art. 1124 of the Civil Code of the Russian Federation. The procedure for writing a testamentary document includes some rules that must be followed

A will must be drawn up in writing;
It must be certified by a notary. In a force majeure situation, it can be drawn up without confirmation and a notary seal;
The writing process requires the presence of witnesses. Their role cannot be played by persons interested in receiving an inheritance or recognized as incompetent;
Indicating the place and date of drawing up the will is a mandatory item.

A document is recognized as valid if it is certified by a notary. But to every rule, there are exceptions. For example, a will drawn up in a force majeure situation, when something threatens the life of the testator, does not need to be certified.

Validity of the will during the life of the testator

If only one document was created, correctly executed and certified by a notary, then it will be valid until the last will of the testator is fulfilled. But if a person changes his instructions for the distribution of property, then a new document is created that cancels the previous one. And for it to come into force, it must also be properly executed and notarized.

Expert commentary

Leonov Victor

Lawyer

It is important to know that the testator cannot indicate in the will itself the time period during which the relatives should receive the inheritance. This is a violation on the basis of which the will is invalidated.

Entry into inheritance in Ukraine 2021: documents, rules, procedure

In cases where all the property belonging to the testator on the date of death is received by one person, documents confirming the legality of rights will not be needed. It will not matter whether the inherited property was owned by the deceased at the time of execution of the will or not. The execution of a will requires the personal presence (in the notary's office) of the testator.

The testator has the right to cancel or change the will, draw up a new document and disinherit at his own discretion. This is possible only if the case does not concern the category of heirs who legally claim an obligatory share in the property of the deceased (his minors and disabled children).

In some cases, correction of the situation depends on the consent of other persons who previously accepted the property. This can be done through an application submitted to a notary. If there is the good will of the other heirs, then there will not even be a need to justify the reasons for the delay in applying for the inheritance. Otherwise, such an opportunity will have to be sought through the courts.

first priority – spouses, parents of the deceased and children (both natural and adopted);
second line - brothers, sisters, grandchildren, grandparents.
third line - nephews, uncles, aunts, etc.;
fourth priority – persons who lived in the same family with the testator for 5 years;
fifth priority – dependents who are not family members.

Time limit for challenging a will

In this case, you should not wait until the end of the six-month period to accept the inheritance, as with some other claims. Here you do not need to present a certificate of inheritance along with other applications. However, there is no statute of limitations for contesting. Therefore, it is not prohibited to initiate such legal proceedings if significant facts for declaring the will invalid have emerged.

Experts

The use of various types of expertise to prove the invalidity of a will is usually carried out at the request of the plaintiff. The focus of expert checks is based on the claims made. If the question is raised about the forgery of a document, then we are talking about handwriting examination.

When considering possible mental ill health at the time of writing the last will, it is permissible to conduct a post-mortem assessment based on the various actions of the deceased person. However, this option is less common. It is recommended to prove insanity or a reduced level of intellectual abilities with lifetime medical reports. And so on.

Article 1127 of the Civil Code of the Russian Federation. Wills equivalent to notarized wills

New edition of Art. 1127 Civil Code of the Russian Federation

1. The following are equivalent to notarized wills:

1) wills of citizens undergoing treatment in hospitals, hospitals, other medical organizations in stationary conditions or living in homes for the elderly and disabled, certified by the chief doctors, their deputies for medical affairs or the doctors on duty of these hospitals, hospitals and other medical organizations, and also heads of hospitals, directors or chief doctors of homes for the elderly and disabled;

2) wills of citizens who are sailing on ships flying the State Flag of the Russian Federation, certified by the captains of these ships;

3) wills of citizens on exploration, Arctic, Antarctic or other similar expeditions, certified by the heads of these expeditions, Russian Antarctic stations or seasonal field bases;

4) wills of military personnel, and in the locations of military units where there are no notaries, also wills of civilians working in these units, members of their families and family members of military personnel, certified by the commanders of military units;

5) wills of citizens in places of deprivation of liberty, certified by the heads of places of deprivation of liberty.

2. A will, equivalent to a notarized will, must be signed by the testator in the presence of the person certifying the will and a witness also signing the will.

Otherwise, the rules of Articles 1124 and 1125 of this Code are applied to such a will accordingly.

3. A will certified in accordance with this article must, as soon as possible, be sent by the person who certified the will, 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 a notary in place of residence of the testator. If the person who certified the will knows the place of residence of the testator, the will is sent directly to the relevant notary.

4. If in any of the cases provided for in paragraph 1 of this article, a citizen intending to make a will expresses a desire to invite a notary for this and there is a reasonable opportunity to fulfill this desire, the persons who, in accordance with this paragraph, are granted the right to certify the will, are obliged take all measures to invite a notary to the testator.

5. The joint will of the spouses and the inheritance agreement cannot be certified in the manner prescribed by this article.

Commentary to Art. 1127 Civil Code of the Russian Federation

1. A citizen may find himself in a life situation when, for one reason or another, he is deprived of the opportunity to contact a notary and exercise his right to draw up an order about his property in the event of death. In order for such a right to be realized, the legislator has established the possibility of certifying a will by persons who are not notaries.

2. A will certified by the persons specified in paragraph 1 of Art. 1127 of the Civil Code of the Russian Federation, is not a notarial will, but is only equivalent to it. The possibility of making a will in this form exists only for citizens who are in the appropriate life situation.

3. In addition to the general requirements, the law imposes additional requirements for the execution of a will, equivalent to a notarial one - when making such a will, a witness must be present, the will must be signed only in the presence of the person certifying the will.

Failure to comply with such requirements entails the invalidity of the will.

Another comment on Art. 1127 Civil Code of the Russian Federation

1. If, due to objective circumstances, a citizen cannot turn to a notary to certify a will, it can be certified by other officials, an exhaustive list of which is contained in the commented article.

It should be especially noted that only those officials who are directly specified in the law have the right to certify wills. Thus, the will of a citizen who was undergoing treatment in a hospital cannot be signed by the deputy chief physician for economic affairs, since he does not have the necessary knowledge to assess the patient’s condition at the time the will was made.

2. The procedure for making a will, equivalent to a notarial one, has two features. Firstly, the testator must sign the will in the presence of the official certifying it. Secondly, to make such a will, the presence of a witness is required, who also signs the will.

3. The official who certified the will in accordance with the commented article must send it for storage to a notary at the place of residence of the testator as soon as this becomes possible. If the place of residence of the testator is known, then the will is sent for storage directly to the relevant notary. If it is not known, then the will is sent to the notary through the justice authorities.

4. A notarized will, as already noted, has greater reliability, which makes it more preferable than a will certified by authorized officials. In this regard, officials who have the right to certify wills by virtue of the commented article are obliged to take measures to invite a notary to the testator if the testator expresses such a desire and there is a reasonable opportunity to fulfill it (clause 4 of the commentary to Article 1124).

What does a will provide?

While a person lives, he has the right to dispose of his own property at his own discretion, which is stipulated by the main legislative act - the Constitution of the Russian Federation.
One of the ways to exercise these rights is the ability to transfer values after death to heirs. It is possible by law not to sell the apartment, but to leave it to descendants, but then relatives from the first line automatically become successors. Children, spouses, and parents do not always pay enough attention to their relatives. Some people neglect the interests of their grandparents and other people, although they took care of them in childhood, helped them financially during their studies, etc. To protect yourself in old age, you can do the following:

Write a will with a provision for lifelong residence. Then no one has the right to evict a person, even if he is the owner.
Make sure that the terms of the will include the constant care of the pet.
Provide in a will with the condition of lifelong residence, a ban on sale or exchange if we are talking about the family nest.

All this is defined in jurisprudence. Only if previously a verbal order was enough, now a document is drawn up, which is endorsed and certified by a notary.

Peculiarities of registering wills with a notary.

A notary certifies wills only of legally capable individuals.

A will is drawn up in writing, indicating the place and time of drawing up the will, the date and place of birth of the testator, and must be signed personally by the testator.

The notary checks whether the will contains orders that contradict current legislation.

During the process of drawing up a will, the notary will explain to the testator that the text of the will must be written in such a way that the testator’s order does not cause ambiguity or disputes after the opening of the inheritance and does not prevent the heirs from receiving a certificate of the right to inheritance.

When certifying a will, the testator is not required to provide evidence that confirms his right to the property that is bequeathed.

The testator has the right to revoke or make a new will at any time. A will that was drawn up later revokes the previous will in whole or in the part in which it contradicts it. Each new will cancels the previous ones and does not renew the will that the testator made before him.

The will must be submitted to the notary by the testator personally. Certification of wills submitted through a representative or by proxy is not permitted.

What to do after the announcement?

After receiving information about the disposition of the deceased, the successors must decide whether to receive the assets they are entitled to or refuse to do so. The first path involves two options for the development of events.

Purchasing benefits

The naming of a particular citizen in a will does not entail obtaining ownership rights to the property. To acquire them, the applicant must fulfill a number of conditions. Current legislation provides for two possible methods.

The first one is factual. This method is easy to follow. To do this, you will need to establish yourself as a property owner. The following actions are suitable: property care (repairs, security using personal savings); use of the facility; management of the property of the deceased personally or through an intermediary; Payment of utility services; repayment of the will's debt.

Important! The type of benefits becomes an obstacle to the acquisition of rights. Thus, the successor will not be able to use a relative’s car, receive funds placed in credit institutions, or become the owner of a company or share in the company. The designated assets can go to a loved one only when he decides to receive the valuables by contacting a notary and drawing up a certificate.

The second method is notarized inheritance of goods. As already noted, for this you need to collect a package of documents and come to the office. In this case, by the time of his application, the heir must already have in his hands all the papers that will be required for registration. In addition, it is necessary to provide funds to pay the fee.

The official succession procedure includes several mandatory steps. Firstly, this is a direct appearance to a lawyer. The notary is contacted at the last place of registration of the deceased. If it cannot be established, then an authorized person responsible for the territory where the property is located should visit.

The package of documents that the applicant must have includes:

certificate confirming the death of the will-maker;
successor's passport;
a certificate received at the last place of residence of the deceased;
a will, as well as its copy certified by a notary;
a copy of the protocol on opening the envelope and announcing its contents;
an independent appraisal report prepared by a licensed firm regarding the subject property;
papers granting rights to objects;
payment document indicating payment of the duty.

Important! When drawing up an application for acceptance of a relative’s belongings, you need to make sure to mention the need to obtain a certificate of inheritance. The paper will be useful to the beneficiary after submitting the application to the notary.

Secondly, the acquisition of a certificate of title to the assets of the deceased occurs after payment of the fee. Its value is 0.3% of the price of the property that comes into the possession of the citizen. This amount is valid for the next of kin of the testator. Additionally, you will have to pay for a lawyer’s services, which are assessed differently depending on the circumstances of the case and the prices of notary offices in the constituent entities of the Russian Federation.

Both of the above methods are recognized at the legislative level and allow you to obtain rights to items left by a loved one, and also provide the opportunity to use them.

Deadlines

The realization of one's interests is possible only within strictly established time limits, indicated by current acts. They depend on the sequence of succession. Thus, for those appointed by the testator, the period is six months from the date of death of the owner of the property. For sub-designates, the period is 6 months after the death of a relative or three months after the expiration of the time allowed for the active actions of the appointed citizen.

If a testamentary refusal follows, then the designated period is extended to 3 years. Sometimes life circumstances do not allow you to express your desire to purchase objects. The legislation provides for such a situation. Thus, if there are compelling reasons, the terms are restored by the court or through the consent of other applicants.

Who can become a testator

Every citizen with full legal capacity has the right to make posthumous orders. According to Russian legislation, this can be:

an adult mentally healthy person (whose legal capacity is not limited or excluded by the court);
emancipated teenager (the owner of bequeathed property aged 16 to 18 years, who, by decision of the guardianship and trusteeship authorities, is recognized as a full citizen capable of bearing responsibility for concluded transactions).