Statement of claim for recognition of property rights by inheritance

Author of the document

• Email

To court

Plaintiff: ______________________________

Address: __________________________________

Respondent: Administration _________________

Address: __________________________________

Hearing

After receiving the application, the court decides to open legal proceedings:

1. If there are comments on the package of documents, the court may leave the claim without progress. The applicant is given time to eliminate the comments.
2. If there are no claims to the documents, then the court sets a date for the hearing and sends subpoenas to the participants in the process. At the same time, the defendant is given time to submit written objections to the plaintiff's claims.

Participants in the trial must provide all the evidence they have. If necessary, they can file a petition to request any document from an individual or legal entity (Article 57 of the Code of Civil Procedure of the Russian Federation).

The period for consideration of a civil case is 2 months . Its increase is allowed in exceptional cases (Article 154 of the Code of Civil Procedure of the Russian Federation).

on recognition of property rights by inheritance

On March 11, 20__ Petrov Petrovich died, the fact of death is confirmed by the death certificate ______________________.

The deceased bequeathed to me, Galina Petrovna Petrova, all the property belonging to him on the day of death, including a one-room apartment at the address: ______________________________, which is confirmed by the Will dated June 11, 20___, certified by ____________, notary ________________________, registered in the register under No. ________.

After the death of Petrov Petr Petrovich, the following inherited property remained:

• one-room apartment at: ___________________________________________;
• garage No._______ in GSK ___________ at the address ________________________________;
• funds in the amount of _______________ rubles on account No. _________ in __________________________________;

Out of ignorance, I did not contact the notary within the period established by law with an application to accept the inheritance and issue a Certificate of Inheritance.

At the same time, I actually accepted the inheritance, since I actually owned and used both the apartment and the garage all this time, paid rent and membership fees in the garage-building cooperative on time for more than 11 years from the date of the death of the testator.

I also kept my savings books with me.

Thus, I accepted the inheritance in accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation: “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 the testator’s debts at his own expense or received funds due to the testator from third parties.”

In connection with the above

ASK:

1. Based on clause 2 of Article 1153 of the Civil Code of the Russian Federation, establish the fact of acceptance of the inheritance by me, Petrova Galina Petrovna, namely the following property:

• one-room apartment at: ___________________________________________;
• garage No._______ in GSK ___________ at the address _________________________________;
• funds in the amount of _______________ rubles on account No. _________ in __________________________________;

2. Recognize for me, Petrova Galina Petrovna, the right of ownership by inheritance to the following property:

• one-room apartment at: ___________________________________________;
• garage No._______ in GSK ___________ at the address ________________________________;
• funds in the amount of _______________ rubles on account No. _________ in __________________________________.

Applications on sheets:

1. A copy of the statement of claim – 2 sheets;
2. Receipt for payment of state duty – 1 sheet;
3. Copy of death certificate – 1 sheet;
4. Copy of the will – 1 sheet;
5. A copy of the agreement on the transfer of apartments (houses) into the ownership of citizens dated ____ April 19___ - 1 sheet;
6. A copy of the certificate of ownership of the apartment – ​​1 sheet;
7. Copy of GSK certificate _________ - 1 sheet;
8. Copy of Registration Certificate No._______ GSK ___________ - 1 sheet;
9. A copy of the savings book No._________ in ____________________________– 2 sheets;
10. Copies of rent payment receipts for 20___ - 4 sheets;
11. A copy of rent payment receipts for the year 20___ - 12 sheets.

date

Signature

Download the document “Statement of Claim for Recognition of Property Rights by Inheritance”

Where should an application for acceptance of inheritance be submitted?

The right to enter into an inheritance is vested in the citizen to whom the testator bequeathed it.
At the same time, any person can become such a citizen, regardless of family relations, if the testator considered him worthy to inherit property. Sometimes an inheritance can pass to a legal institution, for example, if the testator wanted to transfer his property to a children's institution as a charity.

To acquire an inheritance, the heir is required to submit a statement of readiness to enter into the inheritance to the notary who opened the will or other responsible person located in the area of ​​the final place of residence of the deceased person.

He can submit a petition at will, either to a private notary or to a state notary who has opened a case for the acceptance of property. At the same time, he has the right to freely choose to perform certain actions.

These include:

• Acquisition of inheritance.
• Rejection of heritage, no matter the circumstances.

In both options, the heir is required to submit an application to the notary outlining his decision. Usually, the place of acquisition of the inheritance is located at its location.

Leave a comment on the document

Do you think the document is incorrect? Leave a comment and we will correct the shortcomings. Without a comment, the rating will not be taken into account!
Thank you, your rating has been taken into account. The quality of documents will increase from your activity.

Submission deadline

Time starts counting down from

• the day on which the testator died;
• the day on which the court decision entered into legal force.

There are two categories of heirs, and the rules are different for each of them.

1. First-degree relatives have a six-month period to submit documents. If they submit an application for inheritance even a day later, then none of the notaries will accept it.
2. For heirs of the second stage, the entry into their rights begins after the expiration of the period for accepting the inheritance for close relatives. They have the same period of 6 months to submit an application.
3. If a hereditary transfer has occurred and the heir has less than 3 months to submit documents, then another 3 months are added to the deadline.
4. If second-degree relatives inherit property because a first-degree relative refused to accept it or died, then the applicant is given the same period (6 months) to receive the inheritance.

If the period for receiving the inheritance has expired, then restoration is possible only in one case - with the help of the court.

Important! There is one exception: all participants can consent to another relative joining them and becoming an heir. Then he can receive the right to inheritance even after the required period of 6 months has passed.

This is important to know: How to enter into an inheritance without a will after the death of a relative?

Related documents

• Statement of claim for recognition of ownership of residential premises (shared construction)
• Statement of claim for recognition of ownership of a room in a dormitory through privatization
• Claim for damage to a vehicle in a paid parking lot
• Certificate of inspection of the accident site (apartment)
• Act of absence of goods of the required size
• Complaint to Rospotrebnadzor about illegal retention of a car in connection with warranty repairs
• Statement of claim for the recovery of funds under a bank deposit agreement, penalties and compensation for moral damage
• Statement of claim for recovery of funds under a loan agreement
• Statement of claim for recovery of funds under a loan agreement (2)
• Statement of claim for collection of debt, interest under a loan agreement and interest for the use of other people's funds
• Statement of claim for recovery of penalties under loan agreements
• Statement of claim for compensation for damage caused by flooding of an apartment provided under a social rental agreement
• Statement of claim for reinstatement at work and recovery of wages for the period of forced absence in case of illegal dismissal of the head of the organization
• Statement of claim for invalidation of refusal of state registration, recognition of property rights and registration of property rights
• Statement of claim for recognition of ownership of a land plot and registration of ownership of a land plot
• Statement of claim for recognition of registration at the place of residence as illegal and deregistration
• Statement of claim for recognition of loss of the right to use residential premises
• Claim in connection with violation of obligations under the passenger air transportation agreement
• Claim due to failure to fulfill a window installation contract
• Complaint against a travel agency for improper execution of a contract

Expenses of heirs

Now citizens receiving an inheritance are exempt by law from many financial expenses, but nevertheless they are present here. To submit an application, you will have to pay 100 rubles.

The heirs will have to bear other financial expenses; more information about this can be found in articles specifically devoted to this topic.

State duty amount

Before submitting an application, you first need to obtain an opinion on the value of the inheritance at the time of re-registration. Notary and court services are charged as stated in the price list. But in addition to the standard ones, notary offices offer additional services (to find an inheritance, to establish some facts relating to it). This is paid separately. There is also a separate fee for postage.

Lawyers evaluate their work depending on how much effort and time was spent on it. The state duty is not the same for all heirs; there are some differences. For immediate relatives it is the same, for second-degree relatives it is somewhat different.

Comment on the rating

Thank you, your rating has been taken into account. You can also leave a comment on your rating.

Is the sample document useful?

If the document “Statement of Claim for Recognition of Property Rights by Inheritance” was useful to you, we ask you to leave a review about it.
Remember just 2 words:

Contract-Lawyer

And add Contract-Yurist.Ru to your bookmarks (Ctrl+D).

You will still need it!

State duty when entering into an inheritance through the court

The state fee for filing a claim is 300 rubles per claim. If several claims are made, 300 rubles are paid for each claim.

If the requirement is for the division of inherited property, the amount of the state duty will depend on the price of the claim. State duty calculation table:

The state duty when registering an inheritance depends on the degree of relationship and the value of the property. Close relatives – 0.3% of the value of the inheritance, all others 0.6%

Institutions of appeal

Typically, inheritance cases are drawn up through a notary. But the fastest way to process them is by submitting an application to the MFC. This method has its advantages: it is convenient, all documents are collected in one place, without visiting various authorities. In some cases, the right to property is transferred “after the fact.” In other words, you can inherit without a written document. Only legal heirs (spouse, brothers, children, sisters) enjoy this right. An illegitimate child also falls into this category if paternity was established at one time.

Spouses are recognized as heirs of the first priority only when a formal agreement is concluded between them. Civil marriage excludes the receipt of such property.

The right to become the owner of inherited property arises from the time the certificate is received. It can be immediately or after some time challenged and declared invalid at the request of any citizen who believes that his rights have been violated by this document.

Arbitrage practice

Even with all the legal grounds for receiving an inheritance, various difficulties may arise in this particular case. Judicial practice, for example, often faces the problem of resolving a dispute between the wife of the deceased and his child from his first marriage. Both have preferential rights to the property. But the wife still has the opportunity to receive a share in the common inheritance. As a rule, the surviving woman becomes the owner of half of the total joint property.

Once the spouse has been allocated her share, the remaining portion is to be divided between her and the child. Thus, the wife can receive ¾ of the inheritance, and the son or daughter of the testator – ¼. But the final results depend on many aspects of a particular case.

State duty amount

The determining factor is the price of the claim, that is, the value of the property that is due to the plaintiff.