Statement of claim for restoration of the missed deadline for accepting the inheritance in court

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Not all heirs have time to contact a notary in a timely manner to submit papers to accept the inheritance. The reasons may vary. It all depends on the circumstances in which the heir found himself at the time of the death of the individual. The law allows you to restore the deadlines for entering into property rights. To do this you need to go to court. Let's consider how to draw up a statement of claim to restore the missed deadline for accepting an inheritance.

Grounds for reinstating deadlines

Reasons for going to court:

1. The relatives did not maintain relations with each other and the applicant did not know about the death of the owner.
2. Interested parties deliberately withheld information.
3. The plaintiff was in the hospital for a long time.
4. The applicant served time in prison.
5. A relative served in the army.
6. The assignee was on a long business trip.
7. The plaintiff lives abroad.

Regardless of the reason for missing the deadline, the heir must take care to provide clear and convincing evidence. Each fact that can be proven must be supported by written documents. As a supplement, you can use the testimony of witnesses.

Example. Citizen I. served time in prison for fraud.
After leaving prison, he learned that his uncle had died a year ago. The deceased had no relatives except his brother, that is, the father of the former prisoner. However, he died several months before the death of the testator. There was no will drawn up for the house in the village. The property was virtually ownerless, however, tenants lived there. Therefore, the house was under supervision. The village council did not draw up paperwork for the escheated property. The son of a deceased heir may enter into property rights by way of representation. Citizen I. turned to a lawyer for help, who prepared the relevant papers for the court. As a result, the court extended the deadline, and the plaintiff accepted the inheritance left after the death of his uncle.

Cases from judicial practice

Example 1: After the death of citizen Ivanchenko, his daughter filed an application with the court demanding the restoration of the missed deadline for accepting the inheritance. In the statement she indicated that she did not know about her father’s death. I haven’t communicated with him for the last 10 years, because I couldn’t forgive my father for leaving the family.

Citizen Ivanchenko and his daughter lived in the same city. Witnesses testified that the deceased always helped his daughter financially, but his attempts to communicate with her were rudely and cruelly suppressed by both the mother and his only daughter.

Two years after leaving the family, Ivanchenko became seriously ill (an extract from the medical history was provided) and due to health reasons he could no longer walk or take care of himself. All this time, until his death, his new wife was nearby, who provided him with proper care and concern.

The daughter had the opportunity to communicate with her father and show attention, but out of her own conviction and desire she did not do this.

The court found out the circumstances of the case, listened to the testimony of witnesses and rejected the claim.

Example 2: After Kuzmenko’s death, Victoria was left with an apartment. The woman did not draw up a will. Her parents died a long time ago, she had no husband or children.

A sister and nephew (the son of a brother who died two years before the death of citizen Kuzmenko) were to be called upon to inherit.

The sister registered the inheritance in her name, explaining that she did not inform her nephew about the death of his aunt, since he was outside the Russian Federation and she thought that he was not the heir. The relatives failed to come to an agreement peacefully.

The nephew turned to the notary with an application to accept the inheritance, but since he missed the deadline established by law for accepting the inheritance, he received a written refusal from the notary and filed an application with the court. With the statement of claim, the nephew provided documents confirming the validity of the reason for missing the deadline (employment contract with the employer, air tickets) and testimony of witnesses.

The court, having examined the evidence, satisfied the requirement to restore the deadline for accepting the inheritance.

If the deadline established for accepting an inheritance was missed by minors or incapacitated persons, it will be restored regardless of the reasons for the omission.

How to correctly write an application for restoration of the deadline for accepting an inheritance

When going to court, you should be guided by the provisions of the Civil Procedure Code.

The law provides for 2 ways to submit documents:

1. In a simplified form. The option involves hearing the case in a special proceeding. The heir needs to establish a legal fact - acceptance of the inheritance. A similar model is usually used if there are no other claimants to the property of a deceased citizen, and the notary refused to issue a certificate due to the lack of any documents.
2. As part of the lawsuit. The method involves hearing the case as part of a claim proceeding. This category of cases is much more complicated. Usually the hearing takes place after the heirs have assumed their rights. Therefore, they are defendants in the case. The method is used if the legal successors were unable to reach an agreement.

Form

The form and content of the claim are established by Article 131 of the Code of Civil Procedure of the Russian Federation. The law provides for the submission of documents to the court exclusively in writing.

Contents of the statement of claim

The claim is filed according to the number of participants in the trial. If the case involves 2 defendants and a notary, then the heir needs to prepare 1 copy for the court and 3 samples for the parties to the case.

Content

The applicant needs to clearly and consistently state the essence of the case. Each event must be documented.

If some fact was previously established in court, then the corresponding court decision can be attached to the application. In this case, additional evidence of established facts is not required (Article 61 of the Code of Civil Procedure of the Russian Federation).

Can a claim contain several demands at the same time? Yes. The plaintiff may, in one statement of claim:

• on restoration of deadlines;
• on the division of disputed property;
• on recognition of property rights by inheritance.

Sample statement of claim for restoration of the deadline for accepting an inheritance 2021

Sample statement of claim for restoration of the period for accepting an inheritance

The court's decision

It is impossible to predict what decision the court will make. If the claim is satisfied, then:

• the deadline for accepting the inheritance will be extended;
• upon recognition of property rights, the court will establish shares in the inherited property for each heir, if there are several heirs. In this case, the court will also invalidate all previously issued certificates of inheritance and cancel registration entries if the transfer of ownership has already taken place;
• the court recognizes the ownership right of the plaintiff if the plaintiff is the only heir.

State duty

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The amount of the mandatory fee depends on the method of submitting documents. If the claim is filed within the framework of special proceedings, then the applicant must pay 300 rubles. In this case, the application may only contain a requirement to restore the deadlines and recognize the right of ownership of the inheritance.

You have to pay significantly more to file an application through a claim proceeding. The amount of the state duty depends on the value of the property claimed by the heir.

The higher the price, the greater the tax amount (Article 333.19 of the Tax Code of the Russian Federation). The law establishes a two-component method for calculating the amount of state duty. There is a fixed amount, which depends on the size of the claim, plus a certain percentage of the difference in the minimum base rate.

Payment calculation principle

Example. The head of the family died as a result of an accident. He left behind a 2-room apartment and a car. Heirs of the 1st line - 2 sons and an elderly father. On the day of his death, the man was divorced. An elderly parent is not interested in inheritance. The children did not submit documents to the notary in a timely manner to assume their rights. The sons believed that it already belonged to them according to the will. Therefore, they actually used the property. Later, the heirs learned that they needed to register ownership. They turned to the notary, but were refused. After this, they filed documents with the court to enter into an inheritance and divide the property. The heirs are entitled to ½ of the property. The estimated cost of the apartment is 2.4 million rubles. The car was valued at 1 million rubles. The total amount of the inheritance is 3.4 million. The amount of the state duty when filing a claim is 25,200 (13,200 + 12,000) rubles. Each heir receives 12,600 rubles. There are no benefits for heirs.

Rules and procedure for filing a claim

Rules for filing a claim:

1. An application within the framework of special proceedings is submitted at the place of registration of the plaintiff.
2. The statement of claim is filed with the district court at the place of residence of the defendant.
3. If the dispute arose in relation to real estate, then in both cases the hearing of the case takes place at the location of the property.

Papers are submitted in writing. Based on the application, the court opens proceedings. After that, the parties to the case are sent subpoenas, which display the date of the hearing and a list of papers that they need to have with them. The identity of each participant is established in the meeting room.

List of required documents

The statement of claim must be accompanied by documents substantiating and confirming the stated requirements. The complete package of documents depends on the specific circumstances.

The minimum list should include:

• death certificate of a relative;
• documents confirming relationship with the deceased citizen;
• documents of title to the object of inheritance;
• papers justifying missed deadlines;
• property valuation act;
• receipt of payment of the fee;
• notarial refusal to issue a certificate;
• will (if any).

If the applicant does not have the original death certificate, he has the right to receive a duplicate. To do this, you need to contact the regional civil registry office at the place where the document was issued.

What to do if a relative was in the hospital for a long time and physically could not take over his rights for 6 months ? It is necessary to file a claim with the court immediately after discharge and/or rehabilitation. As evidence, you must provide a medical history, sick leave certificates, and a certificate signed by the head physician of the medical institution.

If the plaintiff makes a request when filing an application, then it is attached in writing along with other documents. For example, if you need to ensure the safety of an inheritance. The claim must also be accompanied by a receipt for payment of the state fee. The absence of a document will lead to the court leaving the application without progress and assigning the applicant a deadline to eliminate the comments.

Time frame for consideration of the case

Civil cases must be considered by the court within 2 months (Article 154 of the Code of Civil Procedure of the Russian Federation). However, in reality, the hearing of the case may take much longer.

For example, if the participants in the case do not appear at the hearing or file a motion to postpone the hearing.

If the court makes a decision not in favor of the plaintiff, or the defendants are dissatisfied with the decision, then it can be appealed. Consequently, the total period for consideration of the claim may be increased by another 2–3 months .

If the complaint is not received, then the judicial act gains force 10 days after its issuance. On its basis, the plaintiff can contact a notary and enter into property rights.

Our next steps

The steps a citizen takes when receiving a positive or negative court decision are slightly different. In some cases, going to court is not required.

With a positive court decision

As a result, the previous certificates will be canceled, and the process of dividing the property of the deceased will begin anew. With all the necessary documents, they again turn to the notary. Based on his resolution, changes are made to the record of state registration of movable and immovable property subject to mandatory registration.

When deciding an heir unworthy of restoration

Courts of general jurisdiction deal with such issues. If the restoration of inheritance rights is refused, the potential heir may file an appeal to a higher court.