Entering into an inheritance through the court: the procedure for registering an inheritance in 2021

In what cases and how do they enter into inheritance through the court?

This path is chosen by people who have encountered various difficulties in the registration process. The reason for filing a claim may be the need to:

Receive an inheritance through the court after the expiration of the period allotted for the inheritance case.
Recognize the will as invalid or challenge its individual clauses, cancel the testator’s orders.
To achieve recognition of the heir as unworthy. In this case, you can register an inheritance through the court, but in your own name.
Establish family ties in order to take part in the inheritance race and gain the right to claim a share of the property.
Legalize the fact of the death of the testator if he is considered missing or doctors were unable to determine the moment of death.

There are many reasons for entering into inheritance through the court in legal practice, and each case is special. To successfully conduct your case, you should seek advice from lawyers. The problem can sometimes be solved without the participation of judges, and maybe even without a notary.

Actual entry into inheritance

Receiving an inheritance through the court is an extreme option. The legislation allows you to refuse even a trip to a notary’s office. If the inherited property is an apartment or house, first contact the local government or city (district) municipality rather than the court. But for this you need to:

We lived at the same address, in the same apartment.
Paid utilities (partially or fully).
They spent money on repairs and maintenance on the same basis as the testator.
They took care of the living space.

This certificate of inheritance will be issued based on the decision of government authorities. But in any case, the procedure is carried out within six months after the death of the owner. Otherwise, you cannot do without filing a claim for inheritance.

Do not ignore the re-registration procedure after the trial. If this is not done, property received by inheritance cannot be put up for sale, transferred by gift, exchanged, or left to one’s children.

Restoring a missed deadline

The fact of omission does not mean that you have to refuse to become an owner. The judge will extend the probate case or resume it if the reason is indicated in the statement of claim. It must be valid, objective and relevant throughout the overdue six-month period. A sufficient reason for entering into inheritance through the court, if the deadlines are missed, is:

Long business trip.
Prolonged illness, hospitalization.
Living abroad.
Registration in a remote region.

The main thing is that the statement is clear. It is necessary to explain to the court that there was no way to find out about the death of a relative or testator, nor was there any way to come to contact a notary.

Procedural features

Filing a claim in court is accompanied by payment of a state fee. The receipt is attached along with the documents. This is an evidence base formed from papers confirming the legitimacy of the requirements. The main thing is that the ultimate goal of filing a claim in court is to restore justice. The appeal is supported by a list of specific articles of the current legislation - the Civil Code in particular. The inheritance can be received in whole or in part.

Every argument is supported by evidence. These are official documents with legal force. When entering into an inheritance, you will have to prove the legitimacy of the right to claims through the court. Depending on the situation, this may be family ties with the deceased, the presence of a written, notarized expression of will, or other relationships. For example, persons who were dependent in the last year of life have an exclusive right to inheritance in a compulsory order.

State duty

When filing a claim or application in a court of general jurisdiction, you must pay a state fee, the amount of which is established by Art. 333.19 of the Tax Code of the Russian Federation.

The state duty for a property claim is calculated depending on how much the inherited share is worth:

if its estimated value is lower than or equal to 20 thousand rubles, the duty will be 4% of the amount (minimum - 400 rubles);
for a case of material goods less than 100 thousand rubles. you will have to pay a flat rate of 800 rubles. and 3% of the difference between the price of the property and 20 thousand rubles;
claim at a price below 200,001 rubles. demands the recovery of 3,200 rubles. and 2% on the cost of the inheritance minus 100 thousand rubles;
property valued at up to 1 million rubles will cost the plaintiff 5,200 rubles. and 1% of the claim amount minus 200 thousand rubles;
inherited property more expensive than 1 million will cost 13,200 rubles. plus 0.5% of the amount over 1 million (maximum - 60 thousand rubles).

The state fee for accepting an application to establish a fact of legal significance is 300 rubles.

Nuances of resolving legal disputes regarding the recognition of ownership of inherited property

Sometimes a notary refuses to accept an application for inheritance because a family relationship has not been established. The laws provide for the possibility through the court:

Recognize the missing person as dead. This happens 5 years after his disappearance.
Establish family ties if there is no direct evidence or they are lost without a trace.
Include a dependent in the list of applicants if the testator took care of him in the last years of his life.
Cancel the conditions set out in the will if the document is drawn up with gross violations.
Recognize the expression of will as void, which allows first-priority relatives to claim the inheritance.

A claim for recognition of the right to inheritance is filed in court in other cases. The main thing is to correctly substantiate the requirements and form an evidence base. A competent lawyer will help with this.

Mandatory heirs and hereditary transmission

The obligatory share of the inheritance by court is allocated to citizens in need of social protection. This is how the state takes care of them to ensure a decent existence. Claims for recognition as heirs are submitted:

Parents or guardians of the deceased's minor children.
Parents of the testator, subject to incapacity for work due to age or health condition.
Dependents whom the testator cared for during his lifetime in the last year before his death.

This procedure for accepting an inheritance through the court changes the shares of the successors indicated in the will and the heirs of the first priority. First, the obligatory portion of the estate is allocated, and then the property is divided among the legitimate claimants. When calculating the mandatory share in court, part of the amount allocated to the primary heirs is taken and divided in half. The formed property or its cash equivalent can be received within six months.

Hereditary transmission is a legal term that implies the possibility of recognition of ownership of inherited property in the event of the death of the main claimant. If the successor died before he could enter into the inheritance, his heirs by law claim the due share. And if there is a will, then these will be the legal successors under the terms of the will.

But knowing how to enter into an inheritance through the court is not enough to handle the matter correctly. If the primary heir submitted an application to the notary and died without re-registering ownership, the inheritance is considered accepted. This means that the inherited property is automatically included in his estate and without a trial. This case does not fall under the concept of transmission, and the distribution is made according to the general procedure.

Commorients

This term defines the category of heirs who died on the same day as the testator. In this case, the first one himself becomes the testator for his descendants and heirs under the will. When filing a claim for recognition of rights to inheritance, it is necessary to understand that in such circumstances two inheritance cases are initiated independently of each other.

But this is only if both deaths occurred within the same calendar day. Recognition of the right of the main testator is impossible even through the court. But if the difference in the time of death is more than 24 hours, we are talking about one process, which allows us to apply for recognition of ownership of an inheritance that is considered to have already been transferred: we are talking about transmission.

Inheritance of debts

Before writing an application to the court for inheritance, re-evaluate the feasibility of this action. The fact is that in addition to material inheritance, debt obligations that were formed during the owner’s lifetime are transferred and remain in force as claims. This means that debts will have to be paid out of your own pocket. If their size exceeds the cost of the inheritance, you need to decide how profitable it is to enter into rights and pay legal costs.

Also keep in mind that some inherited objects entail the obligation to pay mandatory payments. When receiving an inheritance in court, remember that if the property that is transferred to you is an apartment, you will have to pay off the debt on utility bills and continue to pay them on time in the future. Transport tax is paid for the use of inherited transport. Add taxes and duties here.

In an application for inheritance, it cannot be stated that valuables are accepted and debts are written off. The court cancels debts and obligations for alimony and payments for harm to health. To find out about all debts that cannot be repaid, contact a lawyer. The notary and the court are indifferent to what is inherited. The fact itself is important here.

Is it possible to sell an apartment that has not been re-registered?

The question is not idle, especially when the heirs do not intend to use the inherited housing, but want to sell it immediately.
According to Art. 209 of the Civil Code of the Russian Federation, only its owner has the right to dispose of property by legal means. It would seem that a conflict arises when the person who accepted the inheritance already owns the property, but cannot sell it. This is indeed true. It is impossible to sell an apartment registered in the name of a deceased person. A reasonable buyer would never buy such an apartment or house. To register an apartment in the name of the buyer, you need to submit a purchase and sale agreement to Rosreestr, as well as an extract from the Unified State Register confirming the seller’s ownership. And since there was no re-registration, the package of documents will be incomplete.

The situation is similar with a will. You cannot include property in your will that is not in your name. In order for a will to acquire legal force, it must contain all information relating to housing.

If on the date of drawing up the will you do not have an extract from the Unified State Register confirming ownership of the property, then its inclusion in the text of the document makes it void.

In what cases should you go to court?

For a claim to be accepted, there must be sufficient grounds. When composing the text, a sample statement of claim for inheritance will help, but only as an informational aid. Each case is unique, and simply copying the content will not work. Lawsuits are filed not only for restoration of deadlines and recognition of property rights. Complaints are accepted if:

The notary refused to register the application for entry.
The inheritance certificate was issued in violation of the law.
A situation has arisen when a person must be declared dead.
The conditions specified in the will violate the rights of the heir.
The successor chosen as the main one is unworthy.

Any statement of claim for inheritance must contain indications of evidence that the plaintiff is right. It should be noted that any interested person (heir at law, obligatory claimant, competitor under the will) can apply to the court with a request to cancel the testator’s orders.

Before going to court, seek the support of a person with a legal education and experience in inheritance cases. This is a guarantee of success in any litigation.

How to enter into inheritance through court?

It is necessary to file a claim in court before the expiration of the limitation period, which according to the Civil Code is 6 months. The court decision does not allow you to immediately receive an inheritance, but becoming the owner of a certificate after the next inheritance case means the opportunity to re-register the property in your name in six months maximum. The court initiates a new process, the result of which is the transfer of the testator’s property.

Which court should I go to?

Civil inheritance complaints are heard in district courts. The appeal is sent to the court at the place of registration of the deceased owner of the property or located in the area (city) where most of the inherited estate is located. Before filing an application, the state fee is paid, and the receipt is attached to the claim. The amount of the fee is determined by the type of inheritance.

Procedure

Step-by-step algorithm:

Assess the feasibility of inheriting.
Try to find out about the debts you will have to take on.
statement of claim for inheritance through the court.
Seek advice from a lawyer, or better yet, trust your mind to draw up a complaint.
Having filed a claim, pay the state fee and form an evidence base.
Apply to the court for recognition of inheritance rights in person, by mail or through a representative.
Appear in the courtroom in person, or have a proxy do so.
After the arguments in court, take a copy of the court decision.
Wait until the inheritance case is completed and receive a certificate.
Re-register the inheritance in your name according to a certificate or court decision.

When applying to the court for recognition of rights to inheritance, remember that each of the arguments presented in court must be justified and supported by documents.

Documentation

The only document you need to have with you in the courtroom is your passport. Before filing a complaint using the downloaded application form, collect the following documents:

Confirming the legitimacy of the stated requirements. When making a will, nothing other than identification will be required in court. To receive an inheritance by law, prove with documents that you are a relative of the deceased.
Proving you right. Example: if we are talking about reinstating deadlines, it is necessary to attach a medical report, travel certificate, etc. When it is necessary to establish the fact of death in court, relevant certificates are attached. Each case is individual.

You can only write an application to the court in your own hand, and you can send it by registered mail with a list of the contents. Submission through a representative is allowed if a power of attorney is drawn up and notarized.

Time limits for going to court

If it was not possible to receive the inheritance on time within 6 months, then 3 years are allotted for restoration of rights. This is the general limitation period provided for by the Civil Code of the Russian Federation. It is impossible to restore this missed period. Therefore, there is no need to delay. But it is important to understand that the procedure will require material investments. The main costs are payment of state duty.

State duty

In some cases, in addition to the court fee, before registering an inheritance, you will have to spend a percentage of the cost. They act in a similar way when registering a real estate inheritance. The assessment is carried out by experts from specialized companies and law offices providing this service. Close relatives, when receiving an apartment after the trial, pay 0.3%, and other successors - 0.6%.

Challenging or invalidating a will

The will of the testator, expressed by him in the form of a will, is the law. But it will be executed only if the will itself does not contradict legal requirements. We have already talked about the special case of the “obligatory share”, which is received by disabled and minor heirs of the first stage, regardless of the will of the testator. There are other reasons to challenge the legality of a will.

Written form (we are not talking about handwriting a will, but about fixing it on paper, as opposed to an oral expression of will). Mandatory notarization. Full legal capacity of the testator. Voluntary writing of a will without coercion, physical or psychological violence. These are all non-negotiable legal requirements. If at least one of them is violated, the will can be challenged in court.

If the court finds the will invalid, its provisions will be canceled and inheritance will occur according to the law, in the order of succession of heirs.

How to file a claim correctly?

A claim for recognition of property rights is filed in accordance with the requirements of the law. There is no unified form. As an example, use samples of statements of claim for recognition of property rights posted in the public domain. However, do not take liberties or inaccuracies. In such a case, complaints are left without consideration. This means that entry into inheritance after the death of the testator will have to be postponed, but strict deadlines have been established.

Form and content

To obtain an inheritance in court, it is necessary to indicate in the complaint all the required attributes:

date and place of writing;
full name of the authority;
details of the applicant (plaintiff);
document's name;
signature with transcript.

Requirements for recognition of rights to ownership of inherited property are set out in a strictly official form. It is necessary to list all inherited items, their prices and the total value of the claim. Specific articles of laws are also indicated. The procedure for entering into inheritance requires the reasons to be given in the text. A list of attached documents is compiled for the court.

Avoid errors and inaccuracies in the text. Lyrical digressions and outbursts of emotions are unacceptable. Appeals to conscience and personal complaints are not taken into account, but they spoil the judge’s relationship, preventing him from working.

Sample statement of claim for inheritance through court

To enter into an inheritance by court decision, it is necessary to correctly formulate and justify the claim. The procedure is as follows:

applications for inheritance through the court.
Place the relevant data in the columns.
Leave the items that apply to your case.
Eliminate any unnecessary stuff (every situation is different).
Add information about the inheritance and the testator.
Sign the document by creating a list of attachments.

Indicate the articles of legislative acts on the right to inheritance that relate to the essence of the matter.

Claim for actual acceptance of inheritance

Size: 15 KB

Nuances and features

A citizen is considered to have accepted the inheritance only after the official transfer of the property to himself. A court decision is a recognition of the right to do this, but nothing more. Inherited property cannot be sold, donated, changed or bequeathed without re-registration. It is important to meet the general limitation period of 36 months. The expiration of this time for the court means that more than a year has passed since the death of the testator.

A court order contains information about specific property that is being inherited and is a final, incontestable order for all participants in the process. It is impossible to design objects not listed in the text. Any actions aimed at concealing the property under jurisdiction are suppressed at the legislative level. To ensure security, restrictions are imposed on the disposal of the disputed property.

Arbitrage practice

The person who has submitted the application and registered the inheritance in his or her name is considered to have accepted. The validity of the certificate can be revoked by a court decision. For example, a will was drawn up on a ship that was in the Atlantic at the time of the death of the testator. Despite the lack of notarization, the document is valid if certified by the captain of the ship. It is permissible to formalize an expression of will in front of witnesses in such conditions.

At that time, relatives in Moscow learned about the death and contacted the notary office. But the heirs under the testamentary act missed the entry deadlines because they did not know that they had the right to do so. After 8 months, they became aware of this, and they wished to take advantage of the rights of inheritance, filed a claim for recognition, waited for the decision and took over the rights on the basis of a court decision. This happened six months later, during which the inheritance had to be redistributed.

Need a lawyer

A professional approach is required at all stages. A legally savvy trustee will help:

Formulate and substantiate the plaintiff’s claims.
Select a package of documents confirming the correctness.
File a claim at the destination.
Defend your inheritance rights in debate.
Contact a notary to receive the deceased's inheritance.
Receive an inheritance through the court and control its safety.

The full list of services is large. All the necessary information is available during a free consultation by phone or online.

When hiring a lawyer, draw up a power of attorney, indicate in it a list of powers and have the document certified by a notary.

Arbitrage practice

The outcome of the consideration of the case for recognition of inheritance rights depends on many factors, but the decisive factor is a strong evidence base and, of course, compliance with the procedure for filing the application.

Judicial practice shows that disputes related to the division of property, establishing the fact of acceptance of inheritance and dependency at the expense of the testator are resolved more easily and quickly. Of course, if the case is not accompanied by additional complicating circumstances.

The result of proceedings to restore the term of inheritance or documents confirming relationship with the deceased is difficult to predict. Here, everything also depends on the persuasiveness of the plaintiff’s arguments, but you can significantly increase the chance of success with the help of competent representation.