Registration of inheritance rights can be carried out in two ways: through a notary public and in court.
The first method is applied in the absence of any disputes between the heirs, as well as in the event that the term of circulation (6 months) with the application for the inheritance is not violated. After writing the application six months later, the notary issues a certificate confirming the applicant's right to property.
Registration of inheritance through the court is carried out in the following cases:
- if the deadline for entering the inheritance (6 months) is missed, but the heir did not know about the opening of the inheritance or there were good reasons that prevented this (being in a hospital, prison, long business trips, etc.);
- if the heir did not submit an application, but actually entered into the inheritance, as he used the property (for example, lived in an apartment and paid utility bills);
- in the presence of disputes between the heirs;
- for recognition of the will invalid;
- to establish kinship;
- to appeal the actions of a notary;
- for recognition of the right to inherited property;
- for recognition of the right to inheritance invalid;
- in other cases.
Either the heir himself or his legal representative may appeal to the court with a claim for the exercise of inheritance rights . In order for the document to be drafted more competently, you should contact a lawyer. Also, if desired, he will represent interests in court.
What documents are needed?
- Statement of claim (in 2 copies);
- Identity document (usually a passport);
- A document confirming kinship (birth certificate, marriage, etc.);
- The will (the original and a copy) if available (there must be a notary note that it has not changed);
- The original and a copy of the death certificate of the testator;
- Documents for inherited property;
- Other documents that matter (originals and copies).
Registration of the inheritance through the court in case of missing the deadline for entry into force should be carried out on the basis of an application filed within 6 months from the moment the circumstances that prevented this disappeared. The court considers the reasons referred to by the heir, and, if they are recognized as valid, takes a decision on the restoration of the term. In this case, the rights of persons who have inherited the property shall be nullified. If the property is sold to bona fide buyers, then it will not be possible to return it. If there is intent on the person who quickly sold the property and knew about the rights of the heir who missed the deadline, the latter may file a claim for damages.
Registration of an inheritance through the court occurs very often, especially when it is actually accepted. The heir does not want to do this, and only subsequently, during the sale or other cases, the need arises. In this case, you will need to provide documents confirming its adoption: receipts for the payment of utilities, the purchase of building materials for repairs in the house, etc.
If there are disputes with other heirs, it will be necessary to take care of collecting the evidence base: documents, witnesses, etc. Often this requires sending requests to various organizations, and it is almost impossible to do without professional help from a lawyer.
The execution of an inheritance through the court is also carried out if the heir considers by law that the will is fake or it was written by a person who was incompetent at that time, or under someone’s influence. To establish kinship, they apply in case of loss of supporting documents.
Registration of inheritance rights is a lengthy process, with many nuances, often requiring considerable financial investments, since it is necessary to pay for the services of a lawyer, as well as state fees.