The right to inherit property, both movable and immovable, shall arise in the event of the death of a citizen. In accordance with the current legislation, the right to start and conduct a hereditary business is reserved only to authorized persons, such as state notaries.
At present, the legislation distinguishes two types of inheritance: by law and by will. When a person dies, his heirs have the legal right to contact the notary's office, located at the last place of residence of the deceased.
Inheritance
The right of inheritance of property by will takes precedence over inheritance by law, since the will carries the last will of the deceased, therefore, when contacting a notary, the presence / absence of a will of the deceased is checked first. If it is in the hands of the heir, you must bring it with you.
Any person (both physical and legal) can be a successor by will, and their order in this case does not matter. The only limitation of the will of the deceased is an obligatory share. Thus, in accordance with the Civil Code, the following persons are entitled to receive an obligatory share: the disabled wife and parents of the deceased who have reached retirement age and / or have a disability of the first or second group, as well as minor children of the deceased. The size of the mandatory share may not be less than 1/2 of the part of the inheritance that such an heir could receive in case of inheritance by law.
So, if the deceased has a will for two children, and there is a wife who has reached retirement age, she has the right to receive a mandatory share of the inheritance in the amount of 1/6 of the part (inheritance of property, for example). The mandatory share is a dispositive norm, and the heir may refuse from his right to receive it.
In the absence of a will, the right of inheritance comes by law. Moreover, the circle of heirs is determined depending on the order.
Heirs of the first stage are recognized as the spouse, children and parents of the deceased, in case of their absence, inheritance passes to the heirs of the next stage - brothers and sisters, as well as grandparents. In total, the legislation distinguishes three lines of heirs, and defines the remaining relatives in the group “heirs of subsequent lines”.
Also, in practice, there are cases when the only heirs are by right of representation. In this case, the right of inheritance arises as a result of the death of heirs belonging to the first three stages until the death of the main testator or on the day of his death. The share due to such a deceased goes to his heirs and is distributed between them in half.
For example: the deceased had three sons and a spouse. The first son died a few years before the death of his father, leaving behind two children. The share in the father’s inheritance will be distributed as follows: 1/4 of the inheritance will be received by the spouse, sons will receive 1/4, and 1/4 will be divided among the deceased’s grandchildren equally in 1/8 share to each.
The general term for opening an inheritance and establishment of inheritance business is six months from the date of the death of the testator. During this period, all the heirs, or someone alone, turns to the notary's office for the opening of the inheritance business. Having collected all the necessary documents for the property, confirming all family relations, after six months the heir (or several) is issued a document - a certificate of inheritance.
In most cases, the object of succession is the immovable property of the deceased: house, cottage, apartment, garage. Since the two thousand and sixth year, amendments have been made to the legislation that have abolished the inheritance tax on apartments and the rest of the above objects.