Opened hereditary case what's next. …to inherit securities

When someone close to him dies, having managed to designate the heirs of the property in his will or without leaving such a document at all, his relatives should contact a notary at the place of residence of the deceased within the first six months in order to open an inheritance file.

Abroad, the drafting of wills is one of the main requirements of the law for all citizens who have any property. the law Russian Federation this from its population in without fail does not require.

Each person decides independently whether to leave him a will or not. In the absence of this document, the rights to inheritance between relatives are determined by the law of the state.

In jurisprudence, there are seven categories of relatives who have the right to inherit the property of the deceased.

First category- closest relatives: spouses, children, parents;
Second category- brothers and sisters, grandparents and grandchildren;
Third category- aunts and uncles;
Fourth category- great-grandchildren and great-granddaughters, great-grandmothers with great-grandfathers;
Fifth category– cousins: granddaughters with grandchildren and grandparents;
sixth category- great-nephews with nieces, great-aunts with uncles, great-grandchildren and great-granddaughters, as well as great-great-grandmothers and great-grandfathers.
seventh category- these are all named relatives: stepmothers and stepdaughters, stepfathers and stepchildren.

Outsiders who do not have a blood relationship with the deceased, but named by him in the will, are also entitled to receive a designated share of the inheritance.

In every inheritance case there is also an obligatory share, intended for minor children, dependents and old relatives of the first, second and third categories. If their names are not even mentioned in the will, this category of relatives receives exactly the part that is due to them by law.

What is a hereditary matter?

The appeal of a person to a notary with a statement on recognizing him as the legal heir to the property of a deceased relative is called a hereditary case.

As a rule, inheritance cases are handled by notaries who work in notaries' offices in the areas where the deceased lived. If it is not possible for relatives to independently find the required lawyer from a particular region, they can be found with the help of other notaries or through the electronic system of notary fees.

Opening a hereditary case - is it necessary or not?

There are two ways to enter into the right to inherit property: actual and notarized, legalized. The first way is quite simple and obvious. The direct heir, without any documents, begins to manage the property left to him: he pays for an apartment, cultivates a personal plot, uses a car and pays taxes for land and a vehicle.

However, such a person does not have a document with legal force certifying his rights to all movable and immovable property of the deceased. He will not be able to sell or exchange anything. The only thing that the heir will have the right to, only the free use of all inherited.

None of the actual heirs is immune from the appearance of other applicants for part of the inheritance or for the whole thing, when the first one could have already spent a lot, for example, on repairing an apartment, house or car.

And when an inheritance case is opened, which is conducted by a professional lawyer representing the law, it will not be very easy for any collateral relatives to claim their rights to the inheritance. The notary is hired to identify all legitimate applicants for the abandoned property.

Heirs should never skimp on the payment of a lawyer and neglect the services of a notary acting on behalf of the law, as to run into scammers who can impersonate close relatives, in modern world very simple.

And if the matter of obtaining the right to an inheritance is left to chance by people, it will not be difficult for insidious criminals to leave a person without the property assigned to him by law. Then, the restoration of justice will require huge financial costs for lawyers and judges.

This is the advice of the day can be given to all potential heirs.

Who draws up the documents?

It takes a lot of time to collect the entire package of documents. Their collection is always done by the heirs themselves, who have to bypass many instances. Having collected all the necessary certificates and confirmations, the relatives of the testator make an appointment with a notary.

Where to look for a notary to open a probate case?

The notary who will deal with the inheritance case must be sought at the notary's office at the last place of residence of the deceased testator. All heirs, however, should be aware that notaries with special powers have the right to conduct inheritance cases.

In other words, the street and the house in which the deceased relative lived should be assigned to this lawyer. The most complete information about inheritance lawyers for each specific area is available in the city notary chambers, where heirs can also apply for help.

Inheritance case after death - documents

Relatives and other outsiders mentioned in the will have the right to claim their inheritance, but only if they have an official, notarized document signed by the deceased and his lawyer.

If the text of the will is not available from relatives, from a notary at the place of residence or from the personal lawyer of the deceased, then it is necessary to open a inheritance case.

1st visit to the notary at the place of opening of the inheritance case

Usually, at the first meeting with a notary in a probate case, close relatives do the following:

Present their passports, certificates of births, marriages and divorces, where it is indicated when and for what reasons they changed their names;
Find out whether the will was made by the deceased and whether the applicants have the right to receive an inheritance;
List all relatives who can claim the property;
Get a list required documents to enter into the rights of heirs;
Write an official statement.

Applying

In the text of the application for the right to own the remaining property, the following points must be indicated:

Surname, name and patronymic of the deceased and the date of his death;
Surname, name and patronymic, place of registration, as well as passport data of his relative (relatives);
The exact date of opening the inheritance case;
The reason for the desire to acquire the property of the deceased;
Enumeration of the composition of the property and its location;
Complete information about other relatives who have the right to inherit;
Confirmation of the grounds for accepting the inheritance;
Date of application.

Having this information, it will be much easier for all potential heirs to communicate with notaries on their probable inheritance cases.

Advice: In order to save yourself from settling bureaucratic formalities in difficult days after the death of your beloved parents or children, it is better to ask them to draw up a detailed will during their lifetime and fairly distribute all property.

2nd visit to the notary

At the second meeting with a notary, potential heirs must submit the following documents to the lawyer:

Death certificate relative-inheritor;
Required proof of residence the deceased with a listing of all persons registered in this living space. Copies of zhirovok, indicating the timely payment of housing;
Identity document heir-applicant;
The text of the will with a copy, if any. On it, the notary will definitely put his mark that it has not been canceled, and a new one has not been drawn up;
Documents certifying the degree of relationship with the deceased: certificates of births, marriages, divorces, certificates of changes in surnames.

In order to inherit an apartment, the applicant presents the following to the notary:

A technical passport for an apartment issued by the city BTI, which should indicate whether the residential premises were redevelopment and whether it was agreed with state authorities;
Confirmation that the deceased previously privatized his housing and was the owner;
Taken copy from the personal account;
Confirmation from the building management that debts for payment utilities no.

Making a package of documents for inheritance land plot, the applicant submits to the notary who conducts the case, here are the certificates:

Documents confirming the rights of the testator to land with a specified value. All of them, a passport and an appraisal sheet of property, are obtained by relatives at the BTI, the Bureau of Technical Inventory;
Cadastral plan.

When collecting documents for car ownership, the notary is presented with:

Documents proving that the testator was the owner of the car;
Evaluation sheet indicating the value of the car.

Multiple copies must be made of all documents., since they will come in handy many more times during the conduct of the inheritance case. Based on the legislation of the Russian Federation, officially recognized heirs become only six months after the death of the testator.

During this time, the probate lawyer waits to see if there are any more contenders for the inheritance.

FAQ

Dividing the inheritance between relatives, if there are a lot of them, is a rather dangerous occupation. The history of jurisprudence knows many cases when people deliberately committed sophisticated crimes in order to physically destroy each other in order to take possession of houses, summer cottages, businesses, cars and large bank accounts.

In the course of entering into inheritance rights with the property left behind, relatives always have different questions. Let's consider some of them.

1. Who is considered an unworthy heir?

This category includes people who have been caught in various illegal and illegal cases, directed against the person who made the will or other heirs. A clear example of them criminal activity there could be pressure on the testator in order to change the will in their favor, blackmail, threats of physical violence against the testator himself and his closest relatives. .
Unworthy heirs also include parents who were deprived parental rights or avoided paying child support until their children reached the age of majority. Naturally, in the event of the premature death of their sons or daughters, such fathers and mothers will not have the right to inherit.

If there are several heirs, then all private property the deceased is divided in equal proportions between relatives, about which they are issued a special certificate registered in Russian registry real estate. People become full owners of their property.

2. Can the testator deprive his disabled parents or children of the inheritance without mentioning them in the will?

By law, all the closest disabled relatives of the deceased, if the testator did not mention them in the will, receive equal shares in accordance with the law of the Russian Federation. Leaving them without an inheritance from the testator will not work.

3. What to do if close relatives did not have time to declare the inheritance within six months?

Russian legislation stands guard over the interests of its citizens. If one of the legal heirs, for objective and very valid reasons, could not declare himself within the first six months, the law allows him to claim the abandoned property for another three years from the date of death of relatives.

But the courts are already considering such cases, issuing their positive or negative verdicts.

4. For what reasons do people refuse an inheritance?

Sometimes it happens that direct heirs completely refuse to receive the property of deceased relatives. It happens very rarely, but people have such a right.
Most often, refusals come from relatives who do not want to pay debts or loans for cars, land plots, houses and apartments left by the deceased. Covering the considerable costs of repairing a historic building, where, for example, the apartment of the deceased is located, is a rather bleak prospect for many heirs.
Therefore, before clapping your hands for joy that a huge fortune of a rich uncle is floating into your hands, you should think about a good lawyer who can find out what the deceased relative did and how he lived. After all, ignorance of the heir will not release him from liability, and together with the villa he can receive invoices for paying millions of loans or debts.
Such is life with its harsh realities. And in order not to get into a mess with the heirs, they should thoroughly study with the help of a lawyer what kind of life their deceased relatives led.

When entering into the rights of heirs, people can always have the most unexpected questions. They should be answered in legal advice at the place of residence or on numerous notary sites on the Internet, where most online consultations are free.

Natalya Viktorovna Sazonova

Reading time: 4 minutes

A A

The opening of the inheritance case is carried out by a notary when the relatives of the deceased testator, testator apply to him, when they provide evidence of his death. In fact, opening an inheritance case is a duty and one of the main functions of a notary. Before starting the formation of the inheritance case, the notary determines the time and place of the opening of the inheritance, attaching the documents according to these procedures to the set of documents that make it up.

How to determine the moment of opening, where and how should the inheritance case be opened after death?

Procedures related to the opening of an inheritance by law or by will are regulated by Articles 1110, 1113, 1153, 1162, 1115, 1154-55 civil law. The heirs should understand that these notarial actions will be performed by the notary only after he receives the application, as well as proof of the death of the testator.

The first question that potential heirs face is how to find out which notary is conducting the inheritance case or which notary should be contacted for all inheritance procedures.

AT this case the presence or absence of a will matters. So, if there is a will, its opening is carried out by the notary who certified it. Otherwise, :

in the notary's office at the place of permanent residence;
the presence of the testator or the bulk of the property of the deceased, which is determined by its value.

Search for the place of opening of the inheritance and a notary serving heirs

Before applying to a notary office, the beneficiaries need to prepare a number of documents:

Document on the death of the testator;
Evidence of relationship;
A copy of the will, if any;
Certificate from the last place of residence of the deceased;
Documents for hereditary property;
Passports of the heirs.

Returning to the question of how to find a notary serving the place of opening of the inheritance, it is worth clarifying that information about all notaries working in the country is presented on the website of the Federal Notary Chamber - notariat.ru. Here on the main page there is a tab "find a notary". Without information about a notary, you can search for notaries in a specific region or region in the "find a notary's office" tab. As a rule, the case is opened by a notary at the place of opening of the inheritance, that is, at the place of the last registration of the deceased testator.

The notary opens the case after the submission of an application from the heir.

What documents and certificates will be needed?

The basis for conducting notarial procedures, when an inheritance is opened after death, both for opening and for forming a case, are the documents provided by the heirs. So, to the notary's office at the place where the inheritance case is opened, potential heirs represent:

Application for the opening of hereditary procedures;
Certificates from the last place of residence of the deceased relative;
Extracts from real estate registers confirming the rights of the deceased to the property at his disposal, if there are several, then for each separately;
Owner's certificates for vehicles;
Information about bank accounts, securities and from pension funds.

Supporting documents must be attached to the entire property mass indicated in the application. They can be sent by mail or delivered in person.

The procedure for a notary who must conduct a case: how to open and finish?

Opening an inheritance is the most important function of notary offices to ensure the rights of citizens to inheritance. Article 1154 defines the terms within which the heirs must come into their rights. How long does it take to inherit. During this period, an inheritance case is also opened.

The final decision can be made even after six months, that is, the inheritance case is open, but not completed. This is due to the peculiarities of the inheritance case itself, for example, if it is initiated in favor of each other or there are contentious issues. Notary services are not free. How much does it cost to start an inheritance case with a notary.

The very procedure for a notary to draw up all documentation is regulated by the Rules of notarial office work:

Acceptance of applications from heirs with related documents;
Their registration and issuance by a notary of a certificate of opening an inheritance case;
Formation of an inventory of the property mass;
Taking measures to ensure the safety of the inheritance and its integrity;
Other relatives and legal heirs are duly notified that an inheritance case has been opened;
The authenticity of the submitted documents is being verified.

The documents on the basis of which the case is opened are registered in the notary's office in the register of cases by the date of their receipt. Then they are placed in a folder with a case, which is assigned a number in order, indicating the year of discovery. After that, the case must also be registered in the Alphabetical Book and entered in.

After the closing of all notarial procedures, the original document, which became the basis for the formation of the case, is returned to the beneficiaries against a receipt, the latter is filed into the case. Also, all documents included in the inheritance case and attached to it are entered in the accounting book.

The heirs have the right to entrust the notary with the provision of measures to preserve the property included in the hereditary mass. This application is also subject to registration in a special journal for registering applications, instructions, after which it is also invested in the case.

Should a notary public find legal heirs?

The notification of other relatives who may claim the inheritance or who have legal inheritance rights is the responsibility of the notary's office.

The notary identifies such relatives:

requesting information either from relatives who have applied for the opening of an inheritance;
by sending official requests to the place of residence of the testator.

The written notice indicates the data of the notary and the notary's office for appeal, so that the heirs do not decide how to determine the notary by inheritance, and do not take measures to re-open the inheritance case.

Additional information about the place and moment of the opening of the inheritance in this video:

As a rule, if controversial situations between the heirs does not arise, within six months they receive the appropriate certificate, and come into possession and use of the inheritance property. The notary has the right to consider the case completed and transfer it to temporary storage.

How to open an inheritance

Opening an inheritance important procedure, after which relatives will be able to issue legal status property and take possession of it. Not every citizen knows how to open a hereditary case. Quite often, this leads to the fact that the deadlines are violated, and the appeal to the notary occurs too late.

The legislator has set a six-month period for applying to a notary's office in order to open an inheritance file. The term is calculated from the moment of death of the testator. During this period, the heir should collect the necessary documents and bring them to the notary. If you skip this step, you will have to write statement of claim to the court to restore the term.

Procedure for the successor

According to the law, in order to receive property, the applicant needs to go to the notary of the territory or section of Moscow where the testator lived. It does not matter whether a will was made or not.

By the way, since 2006 in Moscow, any notary who has the right to conduct inheritance cases can accept documents and start a case, regardless of the place of residence of the deceased.

By general rules Legislation, the inheritance is opened by writing an application for its acceptance. The applicant must attach a package of documents to it:

your passport or other proof of identity;
a document certifying death (certificate);
certificate from the place of residence of the deceased (extract from the house book);
proof of relationship;
necessary documents to confirm the presence of hereditary property (they can be: a certificate of ownership of the property, registration of the vehicle, savings book, agreement on opening a bank account, shares, statutory documents for the enterprise, etc.);
will (if any).

As a rule, it is impossible to provide all certificates and other documents at the same time. In such cases, the notary offers to write an application and attach those documents that are available. The rest are collected gradually and transferred to the notary's office.
To assist in the collection of documentation, the Moscow notary in charge of the inheritance case issues to the heir a list of documentation that needs to be drawn up. As a rule, it includes:

technical passport and explication of the real estate plan;
extract from the USRR in the name of the deceased;
certificate from the share register holder;
valuation of shares or shares in the authorized capital;
certificate-extract from the Unified State Register of Legal Entities.

After accepting the application, the notary finds out if there are other heirs. If available, he notifies them of the need to formalize the inheritance. When opening an inheritance case, an application to set time submitted both in person and by mail. In the latter case, it must be notarized. It is also permissible to open a hereditary case through a representative, having issued a power of attorney for him with the appropriate authority.
After the collection of documents and the expiration of 6 months, an employee of the notary's office issues a document confirming the right to inheritance, on the basis of which the assignee will be able to register the property in his name.

Features of opening a hereditary case

According to the provisions of civil law, the heir must accept it in order to subsequently receive property. Acceptance is made in two ways: by filing an application with a notary or by actual acceptance.

In the second case, the trip to the notary can be postponed to a later date, but only if the heir lived with him at the time of the testator's death, and if there are no other heirs registered at the place of residence of the deceased and wishing to declare a renunciation of the inheritance. A certificate of joint registration will be required.
The following actions of the heir may testify to the fact that the inheritance was actually accepted:

taking measures for the safety of property;
incurring expenses for its maintenance;
payment of debts of the testator;
ownership of property.

To prove the fact of acceptance of the inheritance, you will need to provide documents (receipts for payment of utility bills, receipts or certificates of debt repayment, etc.).
Even if the property from the estate is located in different parts of the city, one case is opened and the same notary conducts it.

If there is a will

Opening an inheritance at a notary in the presence of a will has some features. A will can be made in favor of any person.
Before submitting an application for acceptance of an inheritance, you should make sure that the will has not been canceled and changed. As a rule, a corresponding mark is placed on it. It will not be superfluous to go to the notary's office where the will was drawn up and verify its validity.
The deadlines for applying for opening an inheritance case must be observed.
After submitting the application, the notary is obliged to find out whether the will (if any) has been canceled and whether there are any heirs claiming a mandatory share in the inheritance. These may include: minors, pensioners, the disabled, incapacitated and other disabled citizens who lived with the deceased together and were dependent on him. Mentioned persons must provide documents confirming the right to a mandatory share.

Types of inheritance, inheritance by will and by law, the right to represent in an inheritance, acceptance of an inheritance, the basics of drawing up a will, the cost of notary services, the timing of the inheritance, documents for opening an inheritance.

Inheritance. Opening of inheritance case. Types of inheritance

What is inheritance? Inheritance - the transfer of property (inheritance) of the deceased (testator) to other persons (heirs) in the manner universal succession, that is, in an unchanged form as a whole and at the same moment.

What is included in an inheritance? The composition of the inheritance includes the property owned by the testator on the day of the opening of the inheritance, including property rights and responsibilities.

How to open an inheritance case? After the death of the testator, the heir must apply to a notary authorized to conduct inheritance affairs. Starting from 2006, any notary who has the authority to conduct inheritance cases in Moscow can accept documents and open an inheritance file, regardless of the place of permanent registration (registration) of the testator.

To open an inheritance case, you must provide the following documents (or part of them, which is available to the heir on the day of the death of the testator):

personal passport or other identification of the heir;
death certificate;
extract from the house book;
documents proving kinship with the testator (birth certificate, marriage certificate, etc.);
documents confirming the ownership of hereditary property (certificate of ownership of the property, vehicle registration certificate, passbook, agreements on opening bank accounts, etc.);
will (if any).

If not all documents are available, they must be submitted later as they are received. As a rule, based on the specific estate, other documents may also be required.

Having accepted the application from the heir, the notary finds out the presence of other heirs and notifies them of the opening of the inheritance case. As a result of consideration of the inheritance case, the notary issues a certificate of the right to inheritance, on the basis of which the heir can formalize the property right to the inheritance.

What day is considered the opening day of the inheritance? The day of the opening of the inheritance is the day of the death of the testator. When a citizen is declared dead, the day of opening the inheritance is the day when the court decision on declaring the citizen dead comes into force. An inheritance file cannot be opened before the day of the opening of the inheritance.

What is considered the place of opening of the inheritance? What if the inheritance property is in different places? The place of opening of the inheritance is the last place of residence of the testator or the location of the inheritance property. If the inheritance property is located in different places, the place of opening of the inheritance is the location of the estate that is part of the inheritance real estate or its most valuable part. In the absence of immovable property, the opening of an inheritance is carried out at the location of the movable property or its most valuable part. The value of property is determined by its market value.

What are the deadlines for opening a probate case? The inheritance case must be opened within 6 months from the date of the opening of the inheritance (that is, the day of the death of the testator or a court decision declaring the testator dead). In case of a pass this period, it is necessary to restore the right of inheritance through the courts.

What are the terms for consideration of the inheritance case by a notary? The inheritance case is considered by a notary within 6 months. During this time, it is impossible to dispose of hereditary property (to sell movable and immovable property, to withdraw money from the account).

Who can be called to inherit? Who can become the heir of the property? Citizens who are alive on the day of the opening of the inheritance, as well as those conceived during the life of the testator and born alive after the opening of the inheritance, may be called to inherit. The legal entities indicated in it, existing on the day of opening of the inheritance, may also be called to inherit by will.

According to the Civil Code of the Russian Federation (Part Three, Section V - “Inheritance Law”), there are two types of inheritance: by will and by law.

testamentary succession

What is a will? A will is a unilateral transaction that creates rights and obligations in relation to the property of the deceased after the opening of the inheritance. A will can only be made in person, by a capable citizen, must be drawn up in writing and certified by a notary.

How to make a will? Where to make a will? To draw up and register a will, you must contact a notary. It is to him, in the event of the death of the testator, that the heirs will turn. Drawing up a will can take place both independently and with the help of a notary. At the same time, it is strongly recommended that literally every word in the will be agreed with the notary, since in case of an error, the will will be declared invalid, and inheritance in this case will occur according to the law.

When to make a will? Traditionally, the question of making a will arises rather late, at retirement age or/and due to good reasons (serious illness, general deterioration of health, moving, long trip, etc.). However, the decisive factor in making a will is not the occurrence of any life-threatening circumstances, but the acquisition of property that one would like to bequeath. After all, the main and most valuable property of a will is its timeliness.

How often should a will be renewed? As life goes on, the will needs to be updated. It should be noted that not only existing property, but also planned for acquisition can be included in the will. For these reasons, it is advisable to revise the will after each major acquisition (or other action, such as opening a savings account in a bank), which has not yet been included in the will.

Only in the absence of a will, all the property of the testator (hereditary estate) is inherited by relatives in turn (spouse, parents, children, etc.).

What property can be included in a will? It is possible to include in the will the property belonging to the testator on the day of the opening of the inheritance, including property rights and obligations. The testator also has the right to make a will containing an order about property that he can acquire in the future.

Who can bequeath property? Who can make a will? A will can be made for any person, regardless of family relationship. Moreover, a will can be issued for both physical and entity. The testator may distribute shares in the inheritance, as well as deprive one, several or all heirs of the inheritance, without specifying the reasons for such a decision. The testator has the right to make a will containing an order for any property, including that which he may acquire in the future.

How secure is a will? It should be noted that if one of the heirs does not agree with the distribution of the inheritance, the will can be challenged. Judicial procedure can drag on for a long time, so if you want part of the inheritance mass to pass to the chosen heir for sure, you can arrange the property in the form of a donation. In the case of donating an apartment / house, it is possible to draw up a donation agreement with lifetime residence the testator in the real estate for which the donation agreement was drawn up.

Is it possible to completely deprive relatives of an inheritance? Close relatives can be completely disinherited if they are adults and able-bodied people. Otherwise, minor or disabled children, as well as a disabled spouse or parents, have an obligatory share of the inheritance, regardless of the will. This share is half of the share that would be due to the heir in the event of succession by law.

What limits the freedom of will? What are compulsory inheritance shares? The freedom of will is limited by the rules on a mandatory share in the inheritance (minor or disabled children of the testator, his disabled spouse and parents, as well as disabled dependents of the testator, inherit, regardless of the content of the will, at least half of the share that would be due to each of them in inheritance by law). When certifying a will, the notary is obliged to explain to the testator the content of Article 1149 Civil Code RF, which refers to the right to an obligatory share of the inheritance, and make an appropriate inscription about this on the will.

What is a secret will? The testator has the right to make a will without giving other persons, including a notary, the opportunity to get acquainted with its contents (closed will). The testator is not obliged to inform anyone about the existence of the will and its contents, cancellation or changes made to it. According to the order on the secrecy of a will, a notary, another certifying person, as well as other witnesses do not have the right to disclose information about the will until the opening of the inheritance.

Can a will be contested? What is a voidable will? What is a void will? Being a unilateral transaction, a will can be declared invalid in judicial order. Depending on the grounds, a will may be recognized or insignificant or contestable. A void will is a will made in violation of the requirements for its execution. A rebuttable will is a will with which the interested persons who apply to courts with a claim for infringement of their rights of inheritance.

What are the time limits for contesting an inheritance/will? Claims for the recognition of the will as invalid must be filed no later than one year from the day when the plaintiff learned about the circumstances that are the basis for the recognition of the will as invalid.

Who can challenge a will in court? Only interested persons can challenge a will in court, including: heirs by law or persons indicated in a previously drawn up will. In addition, the Russian Federation may also be an interested party if we are talking about escheated property (property without heirs). The demand for the recognition of the will as invalid may be declared only after the opening of the inheritance.

What does a will look like? You can download from this link. In each case, it is recommended to contact a competent lawyer (when drawing up a closed will) or a notary in order to avoid errors that may cause the will to be invalidated.

How much does a will cost? Price technical work on registration of the will depends on the notary (development of the text of the will). Average prices are 1000-1500 rubles per page. The cost of the legal part of the work, that is notarization, is 100 rubles (Article 333 of the Tax Code of the Russian Federation).

Inheritance by law

Under what conditions does legal inheritance take place? Inheritance by law occurs in the absence of a will, the impossibility of its execution, or the presence of a part of the property not included in the will.

How does legal inheritance work? The legislation of the Russian Federation determines the order of succession. The heirs of each subsequent line inherit if there are no heirs of the previous lines or they cannot inherit for some reason.

Heirs of the first stage: children, spouse and parents of the testator.
Heirs of the second stage: brothers and sisters, grandfathers and grandmothers;
The third line of heirs: uncles and aunts of the testator;
Fourth line: great-grandfathers and great-grandmothers of the testator;
Fifth line: great-aunts and granddaughters, great-aunts and grandfathers;
Sixth line: great-great-grandchildren and great-granddaughters, great-nieces and nephews, great-uncles and aunts;
The seventh stage includes: stepsons, stepdaughters, stepfather and stepmother of the testator;
In the absence of other statutory heirs, the disabled dependents of the testator inherit independently as eighth heirs.

Who are the unworthy heirs? Unworthy heirs are citizens who, by their intentional unlawful actions directed against the testator, any of his heirs or against the implementation of the last will of the testator, expressed in the will, contributed or tried to promote the calling of themselves or other persons to inherit, or contributed or tried to contribute to an increase due to them or other persons shares of the inheritance, if these circumstances are confirmed in court. Unworthy heirs do not inherit either by law or by will. Parents do not inherit by law after children in respect of whom the parents were deprived of parental rights in a judicial proceeding and were not restored in these rights by the day the inheritance was opened.

However, citizens to whom the testator bequeathed property after their loss of the right to inherit, have the right to inherit this property.

At the request of the person concerned, the court removes from inheritance under the law citizens who maliciously evaded the fulfillment of their obligations under the law to support the testator.

Moreover, a person who does not have the right to inherit or is excluded from inheritance on the basis of Article 1117 of the Civil Code of the Russian Federation (an unworthy heir) is obliged to return, in accordance with the rules of Chapter 60 of the Civil Code of the Russian Federation, all property unjustly received by him from the composition of the inheritance.

These rules also apply to heirs who are entitled to a mandatory share in the inheritance.

What is Representational Inheritance? Who can inherit by right of representation? The right of representation in an inheritance applies only to inheritance by law. According to the right of representation, in the event of the death of the statutory heir, given right passes to his heirs (for example, in the event of the death of the testator's brother, this right passes to his children, i.e. the testator's nephews). It should be noted that in this case we are talking about the death of the heir, which occurred before the death of the testator.

If the heir died after the death of the testator and after the opening of the inheritance, the right of hereditary transmission arises. Unlike the right of representation, the right of hereditary transmission extends to both statutory and testamentary inheritance.

Representation heirs also have representation queues in the inheritance:

the testator's children are presented as the testator's grandchildren and their direct descendants (great-grandchildren, etc.);
siblings of the testator (also half-blooded) are presented as nephews and nieces of the testator;
siblings of the testator's parents are presented as cousins of the testator.

What if there are no heirs? What is escheat property? In the event that there are no heirs, both by law and by will, or cannot inherit for any reason, the property of the deceased is considered escheated and passes to the state.

Inheritance

We note right away that the acceptance of an inheritance is not an obligation, but the right of every citizen. In addition, a citizen may renounce part or all of the inheritance in favor of other persons or without specifying the persons by submitting to the notary an application for renunciation of the inheritance within the period established by law (6 months).

Inheritance may be accepted within six months from the date of opening of the inheritance. After the expiration of the established period, the acceptance of the inheritance can be carried out at the request of the heir who missed the deadline, to the courts, indicating good reasons that prevented the acceptance of the inheritance.

To date, there are two legislatively fixed ways of accepting an inheritance:

legal
actual

What is the legal method of accepting an inheritance? This method involves the acceptance of an inheritance by submitting to a notary an application for the acceptance of an inheritance or an application by the heir for the issuance of a certificate of the right to inheritance.

A certificate of the right to inheritance is issued at the place of opening of the inheritance by a notary. At the request of the heirs, a certificate may be issued to all heirs together or to each heir separately, for all of the inheritance property as a whole or for its separate parts.

According to experts, the legal method of accepting an inheritance is the most correct, since the heir officially declares his rights to the inheritance, while not waiving the duties assigned to him (for example, to pay the debts of the testator). In this case, in order to accept the inheritance, it is necessary to submit an application to the notary at the place of opening of the inheritance or the place of residence of the testator.

Starting from August 1, 2005, Moscow introduced electronic system registration of inheritance cases "Inheritance Without Borders", which made it possible to choose a notary for registration of the inheritance. Now testators and heirs can apply to any Moscow notary authorized to conduct inheritance affairs, regardless of whether he serves the address at the place of the last registration of the testator or not.

This opportunity does not apply to inheritances opened before the introduction of the Legacy Without Borders program. In this case, it is necessary to apply exclusively to the notary at the place of opening of the inheritance or authorized to conduct inheritance affairs at the place of the last registration of the deceased.

After 6 months from the date of opening the inheritance, the notary will determine the circle of heirs, their shares in the inheritance property and issue a certificate of the right to inheritance by law or will to the heirs.

What is the actual way of accepting an inheritance? According to the actual method of accepting the inheritance, it is considered that the heir accepted the inheritance if he performed the following actions:

entered into possession or management of the estate;
took measures to preserve hereditary property, protect it from encroachments or claims of third parties;
made at his own expense expenses for the maintenance of hereditary property;
paid at his own expense the debts of the testator or received from third parties the funds due to the testator.

However, for documentation rights to hereditary property and obtaining a certificate of ownership, the heir will have to file a lawsuit in court, providing evidence of the above actions. In this case, the entry into the inheritance may take more than six months and be accompanied by additional legal difficulties.

What documents are needed to apply for an inheritance? To accept the inheritance, it is necessary to collect and provide the notary with a package of necessary documents. Each type of property to be inherited requires its own set of documents.

For example, in order to formalize the acceptance of an apartment or a share of an apartment by inheritance, the heir will need the following documents:

Legal documents for the apartment.
Help from the Department of Housing Policy and housing stock on registered rights until 1998.
Cadastral passport, explication, floor plan and a certificate of the appraised value of the apartment, issued by the BTI.

To formalize the adoption by inheritance of a residential building or a share in a residential building, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations(birth certificate, marriage certificate).
Legal documents for the house.
Certificate of the estimated value of the house on the day of opening the inheritance.
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Extract from the USRR on the rights to the real estate object, on the absence of arrest and encumbrances.
Cadastral passport, technical passport.
Certificate of the territorial authority tax service from the absence of debts on tax payments.
Documents for the land plot (collected separately).

To formalize the acceptance of a land plot by inheritance, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations (birth certificate, marriage certificate).
Legal documents for the land.
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Extract from the USRR on the rights to the real estate object.
Archival copy of the Decree of the district administration on the provision of a land plot.
Cadastral passport of the land plot.

To formalize the acceptance of shares by inheritance, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations (birth certificate, marriage certificate).
Title documents for shares (extract from the register of shareholders).
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Extract from the register of shareholders on the day of death of the testator.
Certificate from the Stock Exchange indicating the market value of shares.

To apply for the adoption of a car by inheritance, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations (birth certificate, marriage certificate).
Title documents for the car (PTS, Vehicle registration certificate).
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Certificate from an expert on the market valuation of the car, on the day of the death of the testator.

To apply for the acceptance of a garage by inheritance, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations (birth certificate, marriage certificate).
Legal documents for the garage.
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Extract from the USRR on the rights to the real estate object.
Cadastral passport, explication, floor plan and certificates of the estimated value of the garage (issued by the BTI).

To process the acceptance of a cash deposit by inheritance, the heir will need the following documents:

Stamp certificate of the death of the testator.
Will or documents confirming family relations (birth certificate, marriage certificate).
An extract from the house book and a certificate of registration at the place of residence on the day of the death of the testator.
Bank statement on availability Money on the testator's accounts (issued upon a notary's request).

To date law firms often include the management of inheritance cases in the range of their services. However, inheritance law itself is a vast area legal activity and requires more attention. That is why companies that specialize exclusively in inheritance law, can provide the most qualified assistance in discovery and inheritance.

117. The basis for starting proceedings in an inheritance case is the receipt by a notary of the first document certifying the opening of the inheritance (application for acceptance of the inheritance, for the issuance of a certificate of the right to inheritance, for the renunciation of the inheritance, for taking measures to protect the inheritance property, for managing the inheritance property , on the issuance of a decision on the payment of funds for a worthy funeral of the testator, on the issuance of a certificate of ownership of the surviving spouse to a share in common property spouses, on consent to be an executor of the will, on the issuance of a certificate certifying the powers of the executor of the will, etc.).

118. Documents related to the inheritance case may be submitted to the notary in the form paper document or electronic document at a personal appointment, by mail, by another person, as well as using technical means, including information and telecommunication networks or a single information system notaries.

119. The return of the original document to the applicant is made against a receipt, which can be issued in the form separate document placed in the file, or in the form of an appropriate record on the copy of the returned original document remaining in the notary's files.

120. The document that served as the basis for the commencement of proceedings on the inheritance case is registered on the day of receipt in the register of inheritance cases (Appendix N 21). If such a document is received by mail, it is also registered on the day of receipt in the incoming correspondence registration log.

121. The document specified in paragraph 117 of the Rules is placed in the inheritance file, and an individual number is assigned to the inheritance file. The number of the inheritance case is indicated by Arabic numerals and consists of the serial number assigned to the inheritance case in accordance with the registration in the book of inheritance cases, and the year the inheritance case was opened. For example, 20/2005, where 20 is the serial number of a particular inheritance case in accordance with the registration in the register of inheritance cases of the first document received by the inheritance case and served as the basis for the formation of the inheritance case, 2005 is the year the inheritance case was opened.

122. The document that served as the basis for the commencement of proceedings in the inheritance case shall be registered simultaneously in columns 1 and in the register of inheritance cases. The number under which this document recorded in column 1 of the register of inheritance cases, is the serial number of the document being registered, the number under which the document is recorded in column 2 of the register of inheritance cases is the serial number of the inheritance case. The serial number of the registered document, the date of registration, the number of the inheritance case are indicated in the upper left corner of the document.