The deadlines for entering into an inheritance are explained by Article 1154 of the Civil Code of the Russian Federation

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 1153. Methods of accepting inheritance
• Article 1155. Acceptance of inheritance after the established period

Opening an inheritance

The calculation of the period begins from a specific date.

According to the norms of Article 1113 of the Civil Code of the Russian Federation, the time for opening an inheritance is the date of death of a person, registered in the funeral home and the registry office.

In some cases, the last day of a person's life cannot be determined. The situation must be reviewed by the court.

His decision states the estimated date of death of the deceased, based on the conclusion of a forensic medical examination. This day is considered to be the start time of the inheritance company in such a situation.

The place of opening of the inheritance is considered to be the last official residential address of the individual.

Legal nature of the period for accepting an inheritance

In legal theory, there are two different opinions regarding this concept. In the first case, it is considered that this period of entry into inheritance of the Civil Code of the Russian Federation is preclusive .

According to this position, after the end of the period, none of the potential heirs can take ownership of the property, since the period for its acceptance has ended. The law states that if there are no heirs or they have not accepted the inheritance, the property is considered escheated and becomes the property of the state.

A certain weakness of this theoretical and legal position is that if there are good reasons, one or more applicants have every right to go to court and extend the deadline for submitting documents confirming kinship to the notary office at the place of residence of the deceased citizen of the Russian Federation.

The theory of prescription implies that the right to inherit, as a state-guaranteed opportunity to take possession of property, is protected for a certain period established by legal norms. After this period of time, citizens lose the right to inherit. Therefore, it is always important to have time to invest in the legal period.

The usual period for accepting an inheritance

According to the provisions of Article 1154 of the Civil Code of the Russian Federation, the period for the legal claimant to accept the inheritance into his possession corresponds to 6 months from the date of death of the individual.

Article 191 of the Civil Code of the Russian Federation states that the course of a period limited to a specific period of time begins from the next date after some event. For example, if a person died on April 25, then the deadline for submitting an application to the notary’s office for applicants to receive his property starts on April 26.

If the deadline established in the Civil Code of the Russian Federation for accepting an inheritance is missed, the potential heir is considered not to have accepted the inheritance. In this case, the right to receive property may theoretically arise in other people. A special period will be established for them.

Rules for calculating final dates

The 6-month period ends, as stated in paragraph 3 of Article 192 of the Civil Code of the Russian Federation, on the last calendar day of the 6th month of the period allotted for accepting the inheritance. In the example given, this date will not be logical from a mathematical point of view - the date is October 25, but October 31.

Article 193 of the Civil Code of the Russian Federation specifies that if the period ends on Saturday, Sunday, or on the day of a religious or public holiday, which is considered a day off, the end of the period is postponed to the next working day .

If October 31 is a non-working day, then the period for acceptance of inheritance by individuals ends on November 1. Any actions on the deadline in accordance with the norms of clause 1 of Article 194 of the Civil Code of the Russian Federation can be carried out before 24 hours of this day.

Commentary to Art. 1154 Civil Code of the Russian Federation

1. The right to accept an inheritance must be exercised by the heir within a certain period. This period is called the period for accepting the inheritance. By its legal nature, this is the period of existence of the right. Moreover, since the expiration of the period entails the termination of the right, it could be qualified as a pretrial period, if not for the possibility of its restoration, provided for in Art. 1155 Civil Code.

Upon expiration of the period for accepting the inheritance, the right of the authorized person (heir) terminates. The law does not provide for the possibility of extending the period for accepting an inheritance. The exception is Art. 1156 of the Civil Code, which provides for an extension of the period of inheritance to three months when inheriting by way of hereditary transmission, if the remaining part of the period established for accepting the inheritance after the death of the main heir is less than three months. In addition, the law provides for the possibility of restoring the missed deadline for accepting an inheritance (Article 1156 of the Civil Code).

The period for accepting an inheritance limits the freedom of the heirs in terms of the time when they can express their will to become the right holder of the testator and lay claim to the inherited property. Such a limitation is necessary to reduce the period of uncertainty in establishing the subject composition of the heirs. Indeed, during the period from the day the inheritance is opened until the day the inheritance is accepted by specific heirs, the inherited property does not belong to anyone and is subjectless. In addition, it is used to establish the composition, value and location of inherited property, search and appearance of heirs for their decision to accept or reject the inheritance. In the interests of the successors of the testator, as well as to strengthen the stability of civil transactions, it is customary to set the period for accepting an inheritance quite short.

The law provides for general and special deadlines for accepting an inheritance. Special deadlines are provided for accepting inheritance in special cases. In addition, special rules have been established regarding the beginning of the calculation of the period.

2. As a general rule, the general period for accepting an inheritance applies. It is provided for the heirs designated in the will and for the heirs by law who are next in line. The general period for accepting an inheritance is six months.

This period is counted from the date of opening of the inheritance. The day of opening of the inheritance is the day of the citizen’s death. 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. A special period for accepting an inheritance is provided for cases when a citizen who has gone missing under circumstances that threatened death or gives reason to assume his death from a certain accident is declared dead (clause 3 of Article 45 of the Civil Code).

When calculating the period for accepting an inheritance, the general rules for calculating terms are applied (Articles 190 - 194 of the Civil Code). The six-month period begins to run the day after the opening of the inheritance (or after the court decision comes into force). This period expires on the corresponding date of the sixth month. For example, the testator died on October 1, 2010, the period for accepting the inheritance begins on October 2, 2010, and the six-month period ends on April 2, 2011. If the end of the period for accepting the inheritance falls on a month in which there is no corresponding date, then the period expires on the last day of this month (paragraph 3, paragraph 3, article 192 of the Civil Code). If the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it (Article 193 of the Civil Code). Non-working days are considered to be weekends and non-working holidays (Articles 111, 112 of the Labor Code).

When accepting an inheritance on the last day of the term, the inheritance is recognized as accepted on time:

- if the application for acceptance of the inheritance is submitted personally to the notary before the end of his working day on the last day of the term;

- if the postal item with the heir’s application for acceptance of the inheritance is handed over to the communications organization before 24 hours of the last day of the deadline, even if it was received by a notary after the expiration of the period established for acceptance of the inheritance (Article 194 of the Civil Code).

3. The law provides for exceptions to the general rule of a six-month period from the date of opening of the inheritance. Such exceptions can be conditionally divided into two groups: those providing for the emergence of the right to accept an inheritance not from the moment the inheritance is opened, but from a different moment; providing for a different length of time for accepting an inheritance.

The first group includes special periods of six months, which are counted:

- from the date of the emergence of the right of inheritance in cases of refusal of inheritance (for example, in the case of inheritance by law when the heirs of the previous order refuse, in the case of inheritance by legal heirs when the heirs refuse the will, or in the case of inheritance by a sub-designated heir when the heir refuses the will). The right of inheritance arises from the date of certification by a notary of the renunciation of the inheritance, which is considered the day the notary at the place of opening of the inheritance receives the heir’s application for renunciation of the inheritance. It should be taken into account that the heir’s application to renounce the inheritance can be submitted to a notary or submitted to the postal operator for mailing before the expiration of the six-month period. In addition, the right of inheritance may arise from an earlier day, when the refusal of inheritance became known to other heirs;

- from the day the right of inheritance arises in the event of exclusion from inheritance. The right of inheritance in this case arises from the date of entry into force of the corresponding judicial act on the exclusion of heirs from inheritance (clause 2 of Article 1117 of the Civil Code);

- from the day the court made a decision to declare the citizen dead, if the opening of the inheritance occurred on the day of the presumed death of the testator. Despite the fact that on the day of opening of the inheritance after the death of such a citizen in accordance with Art. 1114 of the Civil Code is considered the day specified in the court decision; the period for accepting the inheritance in this case is counted from the day the court decision to declare him dead comes into force. This deviation from the general rule is due to the fact that the ability of the heirs to exercise the right to accept the inheritance would be significantly reduced due to the fact that from the moment of time, which is considered the day of death of the testator, until the moment when the heirs received the right to inheritance (the day of entry into force of a court decision), most of the six-month period would have already expired.

In addition to the above-mentioned special deadlines for accepting an inheritance by notaries, a special deadline is also applied in the event that the heir was conceived during the life of the testator and was born alive after his death. The period for accepting an inheritance in this case is counted from the date of birth of such an heir.

The second group of special periods includes a period of three months. It is provided for heirs whose right of inheritance arises only as a result of non-acceptance of the inheritance by other heirs: if one heir did not accept the inheritance within six months from the date of opening of the inheritance, in connection with which the right of inheritance arose in another person. The three-month period is counted from the date of expiration of the total period for accepting the inheritance of six months.

Non-acceptance of an inheritance is considered to be the inaction of an heir who has not taken any action either to accept the inheritance or to refuse the inheritance. If within six months the will of the heir is not determined, the right to inheritance arises for other heirs (for example, heirs of the next turn) due to his non-acceptance of the inheritance. Other heirs may exercise their right to accept the inheritance within three months after the expiration of the six-month period. An heir who submits an application to the notary for acceptance of the inheritance within the prescribed period is considered to have accepted the inheritance. The rights of inheritance of other persons arising as a result of non-acceptance of the inheritance by the main heir do not arise if they do not submit an application to the notary.

A three-month period also applies when the right of inheritance arises for sub-designated heirs (Article 1121 of the Civil Code) in the event of failure to accept the inheritance by the main heir or in the event of the death of the main heir after the opening of the inheritance, who did not have time to accept the inheritance.

Finally, the three-month period applies if not only the main heirs, but also subsequent newly recognized heirs have fallen away.

Special dates

The norms of Article 1154 of the Civil Code of the Russian Federation establish that in some cases there are individual special deadlines for submitting documents for acceptance of an inheritance.

Typically the additional period is 3 months.

For example, the right of inheritance by law appears to individuals from subsequent queues if the first applicant refuses to accept the property. In this case, additional time is required to complete the documents.

The main conditions for refusal are set out in Article 1157 of the Civil Code of the Russian Federation:

• the possibility of refusal in favor of specific citizens or without specifying the full name of the heirs;
• refusal to accept the inheritance within the period specified in Article 1154 of the Civil Code of the Russian Federation;
• refusal after actual taking of property into possession. This situation is allowed after 6 months from the date of opening the inheritance case. But only if there are good reasons.

Let us recall that the actual acceptance of an inheritance means the fact of permanent use of a thing or real estate that belonged to the deceased. Most often we are talking about an apartment or a house. The heir in fact must pay for utilities, live or periodically visit the property.

A citizen is called upon to inherit, but does not write an application for acceptance. In this case, the notary has the right to continue searching for applicants for an apartment or house among more distant relatives. This will require additional time.

Hereditary transmission

The norms of Article 1156 of the Civil Code of the Russian Federation regulate that in the event of the death of an heir during the period from the opening of the case to the end of the six-month period, all his rights, except for the possibility of receiving a mandatory share in a will in favor of other persons, are transferred to his heirs by law.

If there are less than 90 days left before the end of the initial period, then the time for collecting documents and submitting an application is extended to 3 months . In addition, the court, if new applicants have valid reasons, may extend the period if they miss it by a reasonable number of days.

Recognition of the first heir as unworthy by the legal order is also the reason for hereditary transmission.

Unworthy heirs

In all situations, except for hereditary transmission, the period for taking ownership is extended by 6 months.

Actions in case of invalidation of a will

In such a situation, the citizen has the right to challenge the will in court.

Clause 2 of Article 1154 of the Civil Code of the Russian Federation does not provide for the establishment of a new deadline for entering into an inheritance if a will is declared illegal. Therefore, those interested should resolve the issue promptly. The main task is to have time to submit documents within the standard six-month period .

If the regulated time is missed, a citizen has the right to appeal to the competent authorities to restore the opportunity to participate in the distribution of the property of the deceased. To do this, he will need to go to court and prove the valid reasons for non-compliance with the established time limits.

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.