How to restore the inheritance deadline in 2021 - step-by-step instructions

Ways to restore a missed deadline

Let's consider what to do if the deadline for entering into an inheritance has been missed.

Established Art. 1154 of the Civil Code of the Russian Federation, the deadline for accepting an inheritance (if it is missed) can be restored through the court. This is done at the request of the heir who missed such a deadline. In this case, the court restores the deadline and recognizes the heir as accepting the inheritance.

This is only feasible if the person who applied to the judicial authority did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons. Another condition: the heir who missed the deadline went to court within six months from the moment the reasons for missing such a deadline ceased to exist.

Restoring the period for entering into inheritance is also possible in another way. Thus, the inheritance is accepted by the heir after the expiration of the established period without going to court if there is written consent to this from all other heirs who have already accepted the inheritance.

If such written consent is given by the heirs not in the presence of a notary, their signatures on documents confirming consent must be certified in the manner specified in paragraph. 2 p. 1 art. 1153 of the Civil Code of the Russian Federation.

See also: What is the deadline for entering into inheritance in 2021 according to the law of the Russian Federation - detailed answer

Factual circumstances of the case regarding the acceptance of inheritance by persons

This material is written on a real case, the situation was as follows - the heir did not know that one of his distant relatives had drawn up a will (partially) in his favor. At the same time, he was present at the funeral, where relatives (first-line heirs, as well as under the will) hid from him that the deceased had mentioned him in the will. When relatives opened an inheritance case with a notary and one of them, who was also mentioned in the will, accepted the inheritance, he hid the information that he had information about the place of residence of the second person indicated in the will. Thus, not knowing about the existence of a will, and assuming that the testator did not leave an inheritance in his favor, the heir did not contact the notary within six months.

How to restore the term without going to court

To restore the term without resorting to the assistance of the court, there are two practical options. Of course, out-of-court procedures are much more profitable and convenient for the heir, since they significantly save time and material resources.

How is the term restored through the consent of the remaining heirs?

As stated earlier, it is possible to resolve the issue of restoring the missed deadline outside of court only with the written consent of the remaining heirs. If at least one of the heirs does not agree to this procedure, there is a dispute about the right. This means that the person who missed the deadline will have to defend his rights in court.

Procedure:

1. Notify everyone who has already entered into the inheritance;
2. Take steps to draw up written consent;
3. Collect the documentation necessary to enter into an inheritance;
4. Pay the state fee;
5. Contact a notary;
6. Return previously issued certificates of inheritance rights and obtain new ones;
7. Register real estate.

The application is drawn up by the applicant himself or with the assistance of lawyers, including a notary. To formalize it, a voluntary expression of the will of the heirs from among those who accepted the inheritance is required.

Sample statement of consent to be included in the number of heirs (DOC, 13 KB)

As a general rule, applicants' signatures are certified by a notary. But the law also allows for certification of the authenticity of signatures in inheritance legal relations in another way.

Thus, signature certification is also carried out by an official authorized to perform notarial acts (clause 7 of Article 1125 of the Civil Code of the Russian Federation), or by a person authorized to certify powers of attorney in accordance with clause 3 of Art. 185.1 of the Civil Code of the Russian Federation.

If the heirs live in another locality, then they send their application with a certified signature by mail.

Attention! The method in question is not applicable if there is a single heir.

How to resolve the issue with deadlines using the actual acceptance of an inheritance

Another practical point concerns the actual acceptance of an inheritance within the period established by law without contacting a notary during the same period.

If the heir actually accepted the inheritance on time, that is, he performed any active actions indicating such acceptance: he used the testator’s things, took measures to preserve them, paid utilities for the testator’s housing, or simply lived in such housing as during the life of the testator so after his death, it is considered that he entered into the inheritance.

However, such an heir will still have to go to court to confirm a fact of legal significance and recognition of the right of ownership, since the notary will no longer issue him a certificate of right to inheritance in the general manner.

Procedure:

• Collection of evidence indicating acceptance of inheritance in fact,
• Applying to a notary with an application and evidence of acceptance of the inheritance,
• If you receive a refusal, file a claim with the court for actual acceptance of the inheritance and recognition of ownership rights.

To confirm the actual acceptance of the inheritance, one of the following documents or a combination of them is presented:

• Certificate of cohabitation with the testator,
• Tax payment receipts,
• Payment acts for payment of housing and utility bills,
• Testator's savings book,
• STS, PTS, car or other vehicle that belonged to the testator,
• Financial acts on money transfers, receipts for repayment of debts of the testator,
• Contract agreement for reconstruction, repair work, etc.

In this case, Art. 1153 of the Civil Code of the Russian Federation. However, citizens often go to court with mutually exclusive claims, stating their request: to simultaneously recognize the actual acceptance of the inheritance and restore the missed deadline for accepting the inheritance. Which is fundamentally wrong.

This fact is confirmed by the Review of judicial practice in inheritance cases of the Judicial Collegium for Civil Cases of the Rostov Regional Court dated December 6, 2016.

What is actual acceptance of an inheritance and what actions does it involve?

When actually accepting the inheritance, the heir does not fulfill the formalities required by law for acquiring inheritance rights. At the same time, he performs certain actions that indicate the actual acceptance of the inheritance. For example:

1. He has become the owner of the property or is using it for its intended purpose (in particular, he has moved into an apartment or started using a car).
2. He took measures to ensure the safety of the testator’s property (installed a new door in the apartment, installed an alarm system, purchased a safe for funds).
3. Maintains the testator's property at his own expense (paid utilities, transport or property taxes, made repairs in the apartment).
4. Paid the testator's debts from his own funds (for example, made a loan payment for him).

These actions are prescribed in paragraph 2 of Art. 1153 of the Civil Code and do not limit the heir in choosing the method of actually entering into inheritance. At the same time, the legislation allows for other actions that indicate the heir’s readiness to enter into inheritance rights regarding the testator’s property.

In particular, the Resolution of the Plenum of the Supreme Council No. 9 of 2012 indicates the following examples of actual inheritance:

1. Moving the heir into the apartment or house of the deceased and living together with him until his death (without taking into account his actual registration at the specified address).
2. Cultivation of land.
3. Appeal to the court regarding the property interests of the testator.
4. Payment of various tax, utility and insurance payments for it.
5. Payment of expenses associated with opening an inheritance (in particular, caring for the testator before his death; payment for his wake, burial, costs of protecting inherited property, storing things in a safe deposit box and various state duties).

In practice, the heir and the testator may own common property. This fact cannot be considered as actual acceptance of the inheritance. In any case, the heir needs to take additional actions: pay bills or move into an apartment, etc.

At the same time, receiving a funeral benefit, which is guaranteed by the state, is not included in the methods of accepting an inheritance (benefits under Article 10 of the Federal Law No. 8).

If the heir had no intention of entering into the inheritance, but he took actions to accept it (for example, continued to live in the testator’s living space after his death), then he should apply to the court with a statement not to accept the inherited property.

How to restore the term in court

In the absence of written consent of the remaining heirs to review the previously distributed inheritance shares, and also if there is only one heir, restoration of the missed deadline for entering into the inheritance is possible only in court. To do this, first of all, you need to submit a corresponding statement of claim and the documents attached to it.

If all the heirs missed the deadline, then they restore it in the same composition. Or those of them who decided to use the restorative procedure.

How to file a claim

A claim to restore the deadline for accepting an inheritance is filed with the district court at the place of residence of the defendants (one of them). The claim names the remaining heirs who entered into the inheritance in a timely manner as defendants. When inheriting escheated property, the Russian Federation or a municipal entity, a subject of the Russian Federation, is involved as defendants.

The main part of the statement of claim lists the reasons why the deadline was missed; references are provided to the documents available in the application confirming the described facts and circumstances. Among other things, the claim must be accompanied by documentation indicating that the reason for missing the deadline is valid and objective.

In the pleading part, the plaintiff asks to restore the missed deadline for accepting the inheritance and to recognize him as having accepted the inheritance.

Also, at the same time, in such a claim, under certain circumstances, the following claims are indicated:

• Recognize the certificate of the right to inheritance issued by a notary as invalid in whole or in part;
• Recognize the plaintiff's ownership of the inherited real estate;
• Request from a notary an inheritance document drawn up after the death of the testator.

The latter is required to facilitate the preparation of the case for consideration, since it is in the inheritance case that all the documents necessary for a civil case are available (applications for acceptance of inheritance, title documents for real estate, certificates with a technical description of residential buildings, etc.).

What to include in the application:

1. Receipt for payment of state duty (original).
2. Documents confirming the sending of copies of the claim to the participants in the process.
3. Documents confirming the validity of the reason for missing the deadline: (in case of illness - certificates, sick leaves, epicrises, extracts from medical records; in case of long-term absence - travel sheets, air, railway tickets, vouchers, checks from hotels, certificates from places deprivation of liberty, court verdict, certificates and documentation of permanent residence outside the Russian Federation, etc.; in case of helplessness - certificates, reports from medical and social institutions; in case of illiteracy - a specialist’s opinion);
4. Documents confirming other facts listed in the claim: rights of inheritance, death of the testator, availability of property of the testator.

Important! From November 2021, the plaintiff must first send copies of the statement of claim to the defendant and other participants in the civil process, and attach documents confirming this fact to the claim. See paragraph 6 of Art. 132 Code of Civil Procedure of the Russian Federation.

Sample statement of claim (DOC, 13)

Important! The period for applying to court to restore the term for accepting an inheritance is 6 months from the moment the circumstances preventing the heir from accepting the inheritance or learning about its opening have ceased.

How much state duty should I pay?

The state fee must be paid before filing the claim, since the original receipt is attached to it. The amount of the state duty paid depends on a number of circumstances, determined in accordance with the explanations contained in Letter of the Ministry of Finance of the Russian Federation N 03-05-06-03/79 dated June 11, 2010.

If, when filing a claim for recognition of the right to a share in inherited property (for the heirs to claim their share of the property), the dispute regarding recognition of the right of ownership of this property has not been previously resolved by the court, the state duty is paid in the manner established when filing claims of a property nature (p/p 1 clause 1 article 333.19 of the Tax Code of the Russian Federation).

Namely:

• Up to 20 thousand rubles — 4% of the claim price, but not less than 400 rubles;
• From 20 thousand 1 rub. up to 100 thousand rubles — 800 rub. + 3% of the amount over 20 thousand rubles;
• From 100 thousand 1 rub. up to 200 thousand rubles — 3 thousand 200 rub. + 2% of the amount over 100 thousand rubles;
• From 200 thousand 1 rub. up to 1 million rub. — 5 thousand 200 rub. + 1% of the amount over 200 thousand rubles;
• More than 1 million rubles. — 13 thousand 200 rub. + 0.5% of the amount over 1 million rubles, but not more than 60 thousand rubles.

If, when filing such a claim, a dispute regarding the recognition of ownership of this property was previously resolved by the court, the state duty is paid in the manner established when filing claims of a property nature that are not subject to assessment (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation) . For individuals - 300 rubles.

What reasons for missing a deadline are considered valid?

Valid reasons for missing the deadline for accepting an inheritance include circumstances related to the personality of the plaintiff:

• Helplessness - due to old age, disability or other physiological or mental conditions;
• Serious illness (recovery from an accident, undergoing a major operation, rehabilitation period after receiving a serious injury, being in a coma and similar physiological conditions, as well as significant mental disorders that do not allow a person to complete paperwork);
• Incapacity (total or partial - due to age or deprivation of it by a court);
• Long-term stay outside the Russian Federation (business trip, travel, permanent residence);
• Long-term stay in remote, inaccessible areas (travel, scientific expedition, rotational work in mining);
• Being in prison when it is impossible to obtain information about the testator and perform legally significant actions;
• Illiteracy, etc.

There is an analogy here with Art. 205 of the Civil Code of the Russian Federation.

At the same time, even seemingly valid circumstances at first glance are not often recognized as such by the court.

Thus, the Supreme Court of the Russian Federation indicated that the stay of the heir in places of imprisonment during the opening of the inheritance does not yet indicate that such a person was deprived of the opportunity to learn about the death of the testator, and therefore about the fact of the opening of the inheritance. The Supreme Court of the Russian Federation adheres to a similar position regarding relatives who have not maintained contact with the testator for a long time.

The following are definitely not considered valid reasons:

• Ignorance of legal norms regarding the timing and methods of accepting an inheritance,
• Short-term health disorder
• Lack of information about the composition of inherited property, etc.

Another possible reason for reinstating the term, mentioned separately by the legislator, is the heir’s ignorance of the opening of the inheritance and the impossibility of such knowledge. The legal condition for application is the objectivity of the specified circumstances, that is, independence from the will of the person inheriting the property.

Attention! The corresponding explanations regarding the restoration of the deadlines for entering into inheritance are contained in the plenum of the Supreme Court of the Russian Federation (No. 9 of May 29, 2012) “On judicial practice in inheritance cases.”

What to do if there are no good reasons

If there are no valid reasons for missing the acceptance of the inheritance, it is necessary to try to collect evidence of the actual acceptance of the inheritance, including obtaining testimony. One of your relatives, acquaintances or neighbors has certainly seen you, at least once in six months since the death of the testator, with some things from the inherited property.

Valid reasons for missing the deadline for accepting an inheritance

Possible reasons for missing a deadline:

1. Inaccurate information or lack thereof:

• the heir did not know about the death of the testator;
• was misled as to the date of death;
• knew about the death, but did not know about the existence of inherited property.

1. Lack of legal capacity and legal illiteracy of the guardian:

• incompetent citizens;
• minor children.

1. Health status:

• injuries, operations with a long period of treatment and recovery.

1. Regional distance

• the heir resides in the territory of another country;
• performs military duty;
• is on a long business trip;
• is serving his sentence in a colony.

Is it possible to restore the term if you first refused the inheritance and then changed your mind?

If a citizen has submitted an application to a notary to renounce his share of the inheritance in favor of other heirs or without indicating specific persons, then it will no longer be possible to withdraw this application. The legislation of the Russian Federation does not provide for such a direct possibility.

In such a situation, only the rules of law on invalidating a unilateral transaction are applicable. That is, a citizen who has previously refused an inheritance has the right to challenge his refusal in court, if there are legal grounds for this. In particular, these are:

• Deception, misrepresentation, abuse of trust on the part of other heirs,
• Completing a transaction due to difficult life circumstances or under physical or psychological pressure.

Will the term be restored if 6 months have passed from the day the heir learned about the inheritance?

If 6 months have passed from the moment when the reasons that prevented the heir from learning about the opening of the inheritance have disappeared, then he no longer has the right to go to court to restore the period. This rule is established by clause 40 of the RF Supreme Court Ruling “On judicial practice in inheritance cases.”

The Resolution of the Plenum of the Supreme Court directly states: restoration of the deadline is permissible if the heir who missed the deadline appeals to the court with a corresponding demand within six months after the reasons for missing the deadline no longer exist. The said deadline cannot be restored, and the heir who misses it is deprived of the right to restore the deadline for accepting the inheritance.

What to do if you didn’t have time to join, but you no longer have the property?

After a person is recognized as a worthy heir who has the right to part of the property, the rest must allocate him the designated share. If in fact this cannot be done (the apartment/car has already been sold, there is no possibility of dividing the dacha, etc.) you will have to compensate with money or other property of equal value. Property valuation is carried out at the time of opening of the inheritance.

It is possible that in this case, you will have to go to court and forcefully collect the amount due. There are many nuances in determining the terms of inheritance, their extension and restoration. Each situation must be understood taking into account all the nuances. And it is best to seek help from a practicing lawyer.

What can you do if the court refuses to restore the deadlines?

If we are not talking about missing the above deadline, then the plaintiff has the right to appeal the court’s refusal to restore the deadline for entering into inheritance in the appellate and cassation procedures.

An appeal is filed against a court decision that has not entered into force. Cassation - for something that has already entered into force. It should be borne in mind that if you want to achieve a positive result, you need real legal grounds for filing complaints. They are listed in Art. 330 Code of Civil Procedure of the Russian Federation and Art. 379.7 Code of Civil Procedure of the Russian Federation.

What does judicial practice say?

Despite the apparent clarity of the algorithms for action in the event of missing deadlines for accepting an inheritance, law enforcement practice in this area of ​​legal relations has many aspects. In particular, the Supreme Court of the Russian Federation has repeatedly given explanations to lower courts when it is impossible to restore the deadline for accepting an inheritance.

Thus, according to the Supreme Court of the Russian Federation, ignorance that an inheritance has opened cannot in itself serve as a basis for restoring the missed deadline. The highest court emphasized: the lack of information from the plaintiffs about the death of the testator is not one of the legally significant circumstances with which the law connects the possibility of restoring the term.

If the plaintiffs were not objectively deprived of the opportunity to maintain relations with the testator, to take an interest in his health and fate, then they have no right to apply for restoration of the missed period. Reluctance to maintain family relations with the testator, lack of interest in his life and fate are not classified either by law or by the plenums of the RF Armed Forces as valid reasons for missing the deadline for accepting an inheritance.

This circumstance is subjective in nature and can be overcome “subject to the will of the heirs.”

The heir's ignorance of the opening of the inheritance is applied by the court only in conjunction with the condition that he applied for restoration of the period within 6 months, starting from the moment when the circumstances preventing him from obtaining such information no longer existed.

In addition, the court must have reliable evidence of the fact that the plaintiff really did not know and did not have the opportunity to know about the death of the testator for objective reasons, and was deprived of real conditions for maintaining contact with him, obtaining information about his life and health.

Among the reasons recognized by the court as valid are the following:

• Residence of the heir abroad (decision No. 2-60/2019 of March 27, 2019 in case No. 2-60/2019);
• Ignorance of legal successors about the availability of an inherited funded part of the insurance pension from the testator (decision No. 2-1516/2019 2-185/2020 of 02/28/2020 in case No. 2-1516/2019);
• Inaction of the legal representative, which led to the missed deadline for contacting a notary, due to the impossibility of a minor to independently exercise the right to accept an inheritance within the established period due to his age (decision No. 2-1653/2019 2-202/2020 dated 02.28.2020 on case No. 2-1653/2019);
• Waiting for the court decision to declare the testator dead to enter into force (decision No. 2-1348/2020 of February 27, 2020 in case No. 2-4758/2019);
• Impossibility of timely application due to health status and old age (decision No. 2-476/2020 of February 27, 2020 in case No. 2-476/2020).

In law

The procedure for receiving property after the death of its owner is prescribed in the Civil Code of the Russian Federation. In particular, what is relevant to the restoration of deadlines:

1. Art. 1113 of the Civil Code of the Russian Federation - the procedure for opening an inheritance.
2. Art. 1154 of the Civil Code of the Russian Federation – entry, special terms.
3. Art. 1155 of the Civil Code of the Russian Federation - how to accept it if the time established by law has expired.
4. Art. 1156 of the Civil Code of the Russian Federation – transfer of rights.

Generally accepted norms in accordance with Art. 191-196 Civil Code of the Russian Federation.

For your information! The heir may refuse to join without giving reasons - this is his right, not his obligation. As legal practice shows, most often successors file a waiver due to the debts of the deceased, since they will have to be paid.

6 months

You can receive an inheritance by law or by will. In any case, you need to contact a notary. The legislation allows 6 months for this from the date of opening of the inheritance. Discovery refers to the date of death of a citizen or the date when a court decision declaring him dead or deceased comes into force.

If the direct heirs refuse or are declared unworthy in the manner prescribed by law, the right of inheritance passes to other persons, in order. They also have six months, the countdown of which begins from the moment such a right arises. Failure to accept succession allows persons next in line to complete all necessary documents within three months (counting from the end date of the required six months).

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The start of any of the above periods begins the next day after the reference date (opening of an inheritance, refusal of it, entry into force of a court decision, etc.). The last day of expiration of any period is the same day as its beginning, or the last day of the month. The legal representatives of the newborn must visit the notary within 6 months from the date of his birth.

Important! It is necessary to understand the difference between the concepts of “refusal, removal of an applicant and non-acceptance of an inheritance.” The established time can be extended due to various circumstances, for example, a notary needs to conduct an examination to confirm the authenticity of documents.

Consequences of missing

If the deadline is missed, the next-ranked applicants have the right to apply. Or the share of the one who did not make it on time is divided among the remaining legal successors of the first priority (according to the will).

Important! When there are no people willing to accept the property and non-property obligations/values ​​of the deceased, they become the property of the state (municipality). After a successful restoration procedure, the state compensates the newly-minted heir for the value of the property received.

What to do after the terms are restored

When recognizing the heir as having accepted the inheritance, the court establishes the shares of all heirs in the inherited property and, if necessary, prescribes measures to protect the rights of the new heir to receive the inheritance share due to him (Clause 3 of Article 1155 of the Civil Code of the Russian Federation). The court recognizes the certificates of inheritance rights issued up to this point as invalid.

The duly executed consent of the heirs serves as the legal basis for the notary to cancel previously issued certificates of the right to inheritance and the basis for issuing new ones.

If, on the basis of a previously issued certificate, state registration of rights to real estate has already been carried out, the notary’s decision to cancel the previous certificate and the new certificate act as a legal condition for making the necessary changes to the state registration record.

The restoration of the period for entering into inheritance is also based on the actual acceptance of the inherited property.

An heir who accepted the inheritance after the expiration of the established period in compliance with the rules of Part 3 of the Civil Code of the Russian Federation has the right to receive the inheritance due to him in accordance with the rules of Articles 1104, 1105, 1107 and 1108 of the Civil Code of the Russian Federation, which in the case mentioned in paragraph 2 of Art. 1155 of the Civil Code of the Russian Federation, apply, since the concluded written agreement between the heirs does not provide otherwise.

In other words, we are talking about the unjust enrichment of the remaining heirs at the expense of the share of one of them who missed the legal deadline for entering into an inheritance, and about its legal consequences.

Let's sum it up

Thus, in order to resume the lost time allotted by law for accepting the inheritance, a person will need to either try to reach an agreement with other recipients of the inheritance, or go directly to the court. In the first situation, the remaining successors need to express their permission in writing, and in the second, the plaintiff draws up a claim and collects a package of necessary documentation.

The court will make a positive ruling on the claim only if the reasons for the delay were truly significant. The plaintiff will need to prove the existence of excusable reasons by providing the necessary documentation - for example, medical certificates. institutions. If the plaintiff is a child, then his claims will be satisfied.

Crib

The above is shown schematically as follows. If the 6-month deadline for entering into an inheritance is missed, there are 3 options for further developments:

1. Actual acceptance of the inheritance - in the event of actions taken indicating that the heir has in fact accepted the inheritance within the prescribed period. In this situation, the heir first turns to the notary with an application to issue a certificate of the right to inheritance. Written evidence of actual acceptance of the inheritance is attached to the application. If the notary refuses to issue such a certificate, the heir goes to court.
2. Extrajudicial procedure - with the consent of the remaining heirs. Consent is provided in writing. Signatures are certified by a notary or other method established by law. This is followed by an appeal to a notary.
3. Judicial procedure - in the case where there is only one heir or there is a dispute about the right if there are good reasons for missing a deadline. It is required to go to court with a statement of claim and attach evidence of valid reasons for missing the deadline for accepting the inheritance.

Why were you late in inheriting?

How does inheritance take place?

The requirements for the inheritance procedure are established by current legislation. The basic norms are reflected in the Civil Code of the Russian Federation. This contains the rules in accordance with which the transfer of property and associated obligations after the death of a citizen is made to his heir. The inheritance procedure is one of the options for obtaining property rights.

Citizens can use it if the former owner of the property indicated them in the will, or they have the right to inherit by law.

Regardless of how exactly the right to property arose, the procedure for accepting an inheritance will be carried out as follows:

• The heir submits an application supplemented with a package of documents to the notary.
• The heir's application is being considered.
• Activities are carried out that make it possible to clearly judge that the heir has accepted the inherited property. The process represents the incurrence of expenses, protection from encroachment by third parties, as well as payment of the testator’s debt, if any.