Inheritance rights are the cause of many legal disputes and family conflicts. The thing is that the division of a person’s property after his death worries almost every member of the family. Especially when it comes to close relatives. Everyone wants to get their "piece" from the testator, but more. In particular, if potential recipients have a moral right to such a desire. For example, they, unlike other heirs, looked after the elderly owner of the property. Today we will be interested in the testament inheritance. We have to find out what it is, how to draw up a testament document, and also what are the ways to obtain property in the long run. In addition, we consider all the nuances and features of inheritance affairs in Russia.
About the right of citizens
What is to be dealt with further? It is about inheritance rights. By law, they arise in individuals after the death of someone whose property will be divided in the future. Prior to this, citizens are considered only potential applicants for property.
Obtaining an inheritance by will is the easiest way to develop events. It rarely causes troubles to the population. But what is necessary to remember about the procedure? How to make a testament? And who has the right to act as a recipient of property?
Ways to get property
To enter into the inheritance after death at the will of the testator is not difficult. We will talk about this later. First, consider all the legislative aspects of the topic.
For example, many are interested in inheritance transfer methods. The following types of inheritance exist:
Depending on the chosen scenario, the categories of property recipients will differ.
On inheritance by law
First, consider the heirs of the law. Such a scenario occurs in many families. He does not require any documents from the testator. After his death, the inheritance rights of the property of the deceased arise. But only for individual citizens.
Who is it about? About relatives. They are heirs by law. Third parties cannot count on a share of the property under any circumstances.
In Russia there is a sequence of inheritance. First, the property is distributed among the members of the first stage. If there are none or all potential heirs abandoned the inheritance, you can proceed to the second stage. And so on until the deceased runs out of heirs.
In practice, property is distributed among the members of the first stage of the heirs. Less commonly, it comes to the second "stage".
In order not to get confused in the sequence of inheritance, it is recommended that a citizen use the following list:
- Children, parents, spouse.
- Brothers, sisters, grandparents.
- Uncles and aunts.
- Great-grandfathers and great-grandmothers.
- Children of nephews and nieces, cousins and grandparents.
- Children of cousins and grandchildren, children of cousins, cousins and grandparents.
- Stepsons, stepdaughters, stepfather and stepmother.
- Disabled persons who are not related to the testator, but who have been dependent on him for at least a year.
But a testament legacy is a completely different scenario. And if it is carried out correctly, it will not cause any problems to family members.
Testament Property Applicants
To begin, let's talk about who can act as the recipient of property from the testator. This is an extremely important issue that many families face.
A citizen may bequeath property:
- to relatives;
- friends
- to third parties;
- organizations.
That is, any citizen can become an heir. The main thing is that it be registered in the testament paper. Without this, getting a share of the property will not work.
What is transmitted after death
It should be remembered that inheritance is not only good. Therefore, before you agree to accept the property, you will have to study the list of what can be transferred to citizens after death.
The appropriate list includes:
- all things of the deceased;
- money and securities;
- all property type rights;
- result of intellectual activity;
- Accrued but not received amounts;
- obligations;
- rights that were formalized during the life of the testator, but by the time of his death the processes had not been completed.
Thus, inheritance by will or by law can lead to the fact that the debts of the deceased will be transferred to citizens. This fact repels some potential heirs. Therefore, everyone has the right to refuse property.
Accept or reject?
The law on the right of inheritance by testament or by law allows people to both accept property and refuse it. After all, as has already been said, along with the benefits, people also receive obligations. For some, they are unbearable, but someone simply does not want to pay debts for the deceased. This is quite normal.
Accordingly, all heirs have time to think about obtaining property from the testator. Within 6 months, a citizen is obliged to issue either the acceptance of the property or the refusal.
If the period of inheritance is missed, you will have to come to terms with the fact that even with a will for a particular citizen, his right to property is lost. It can be restored, but in exceptional cases.
Term Recovery
Inheritance by will, as well as obtaining property by law after the death of the testator, can be carried out even after six months have passed since the death of the former owner of things. The restoration of inheritance rights is carried out exclusively through the court. Moreover, the lawsuit will be satisfied only if the citizen can prove that he missed the allotted time for the decision for good reason.
These include:
- ignorance of the emergence of inheritance rights;
- permanent residence abroad;
- disease;
- stay in a natural disaster;
- skipping a term due to life circumstances that is in no way dependent on the plaintiff.
Moreover, all this will have to be proved. If the claim is satisfied, all the heirs will be collected, and then the property will be divided taking into account the new applicant for the property. Otherwise, the citizen may simply forget that he could receive something from the deceased.
Peaceful decision upon inheritance
It also happens that the heirs are able to agree on the transfer of property. But this is an extremely rare scenario.
If after the expiration of the inheritance term one of the recipients of the property has appeared, you can talk peacefully with those who have already registered the rights to the property. Recipients are able to:
- apply to the court with a request to conduct a re-division;
- renew property with a notary;
- write a deed of gift to the share of the property due to the declared recipient.
As we have said, this option is extremely rare. It often refers to inheritance by law, and not by testament.
Testament Algorithm
Entering into the inheritance under a will to an apartment or any other object will not cause any trouble, if you act correctly. First, you need to draw up testament paper. How to do it?
To cope with the task, the testator during his lifetime needs:
- Collect a specific package of papers. It depends on what property will be transferred to the heirs. We will consider the components of the inheritance of an apartment.
- Settle one's affairs. How to do this will be described below.
- Sign a testament document in the presence of witnesses and a notary public.
- Nothing more is needed. The testator may renew the will as often as necessary. It is advisable not to do so - the operation takes a lot of time and effort. To cancel a will is also permitted.
As soon as the paper is ready, it is sealed by a notary in a special envelope. The latter is signed by witnesses, an authorized person and the testator. The paper will be printed only after the death of the owner.
Documents for the will
Would you like to transfer the inheritance by will? What documents are useful for transferring an apartment in this way?
The owner of the property needs the following documents:
- passport;
- certificates of ownership of the property;
- extract from the USRN;
- marriage / divorce certificate (if any);
- consent of the spouse to the process (if it is a joint property);
- information about the heirs (it is desirable to have copies of their passports).
Nothing more is needed. In order to annul the paper being drawn up in the future was problematic (impossible), the testator is recommended to undergo a medical examination and attach a certificate of complete mental health. This is required so that the testaments are not canceled by the heirs, referring to the inadequacy of the deceased owner of the property in its preparation.
How to write a will
There are different types of inheritance - by law and by will. In the first case, the testator simply dies, after which his property is divided between the heirs. If inheritance is made by testament, you will have to draw up an appropriate document during your lifetime.
In order for the operation to proceed without problems, you will need to follow the instructions:
- Draw up a document only in the presence of witnesses. They must be disinterested persons.
- Write a will only by hand. There will be problems with papers printed on the printer.
- Pass a commission in advance to confirm the psychological health of the author of the paper. A will written by an incompetent or inadequate person has no legal force.
- In the documentation indicate the full address and information about the property, as well as about the recipients.
- When making a will, enter the shares transferred to one or another heirs. This will help save the family from future conflicts.
This is where the tips for writing the study paper can end. It’s best to write the text of a document with a ballpoint pen. Gel can be smeared over time.
Stages of receipt
Entering into an inheritance by testament to an apartment and not only provides for following the simplest instructions. What steps will the recipient go through?
A guide to probate, if the deceased correctly executed the document, it looks like this:
- Getting information about the emergence of inheritance rights. At this time, the testament paper opens.
- Making a decision to refuse or to receive property.
- Paperwork at a notary public.
- Waiting for the expiration of the inheritance.
- Collection of certain documents. We will meet them later.
- Registration by a notary of a certificate of inheritance by will.
- Re-registration of property rights to property.
The proposed instruction does not raise any questions. It would seem that everything is very simple. But in reality, questions of inheritance by will and by law are a lot of trouble.
Opening an inheritance
For example, not everyone knows where the opening of an inheritance occurs after the death of the owner of things. Several options are possible here.
The first is the most common - the opening of the inheritance takes place at the place of residence of the deceased. That is, all documents and applications will have to be brought to the notary office at the place of registration of the testator.
The second option is applied when nothing is known about the address of the deceased owner. In this case, the will is opened in the area in which most of the shared property is located.
The opening of the inheritance occurs after the death of the testator. This rule applies to the transfer of things under the law, and the inheritance by will.
Documents for obtaining property
Did the opening of the inheritance by testament take place? Then you can form a package of securities to get your share of the property.
Ideally, the heir will need:
- identification;
- consent to accept the inheritance;
- documents confirming kinship with the testator (if any);
- will;
- certificate of residence of the deceased;
- copy of the passport of the deceased (preferably);
- death certificate of the testator.
If you collect all this, a person will draw up a certificate of inheritance by testament in a timely manner. He will have to go to the Rosreestr, if it comes to real estate, and re-register the rights to property.
Acceptance / Refusal
How to inherit by will? After the death of the testator, within 6 months you will have to contact the notary at the place of the opening of the testament and issue consent to receive the property. Similarly, you have to act if a person does not want to be the heir to the proposed property.
In order for a notary to accept a refusal or consent, you need to take with you:
- passport;
- will;
- death certificate;
- a certificate from the place of residence of the testator or his passport.
It is advisable to present documents confirming kinship. Then the person writes a statement in which he says: “I agree” or “I refuse to receive an inheritance”. The parameters of the proposed things are also indicated in full.
In the second case, it is possible to abandon the property both in favor of the state (then no clarification is necessary), and in favor of another heir. If you are interested in the second option, you need to register in the refusal, in whose favor the action is carried out.
Re-registration in Rosreestr
We considered inheritance by will in Russia. The final stage is the registration of property rights to property.
To do this, you will have to prepare:
- will;
- certificate of notary acceptance of property;
- passport;
- birth certificates of minor heirs;
- application for issuing a USRN statement with new data;
- real estate documents.
After 5-10 days, a citizen can pick up a copy of the USRN statement. Now the heir has become the full owner of the property.
Inheritance taxation
It is important to remember that after receiving the inheritance, but before contacting the Rosreestr, you will have to face the payment of property tax. All the heirs pay it, no matter how close they were to the deceased citizen.
It is worth paying attention that a person will pay:
- 0.3% of the value of things - to close relatives of the deceased;
- 0.6% - for other owners.
If you inherit scientific discoveries, inventions or intellectual property, you have to pay 13% of the cost of the corresponding objects.
Only those who on the day of the death of the testator lived with him and continue to occupy the corresponding territory at the moment are exempted from inheritance taxes by will in Russia. This "benefit" will have to be documented. Witness testimonies are accepted only if a citizen brought 2 or more witnesses. It is advisable to present any materials indicating the fact of cohabitation with the testator.
Cancellation of a will
It’s hard to believe, but a testament can be canceled. So do the disagreeing with the decision of the deceased heirs. The process is conducted through the court.
The plaintiff will have to collect evidence of the mental ill health of the deceased. After this testament paper will lose its validity.
The right to refute the studied document has grounds if:
- the author of the paper may have been inadequate at the time the will was drawn up;
- The document is printed on the printer;
- the citizen decided on a will under pressure.
To prove all this is really problematic. Therefore, courts rarely grant claims for invalidating wills.
All at once or only part?
It is important to pay attention to one more nuance. The thing is that sometimes citizens inherit property by law and by will. The recipient will have to choose only one option for obtaining property.
Within one type of registration of the inheritance, it is impossible to refuse part of the transferred objects. For example, if a person is assigned an apartment and a house by inheritance, he either accepts both objects or refuses them. To take an apartment, and to refuse a house is prohibited by law. Making a testament inheritance is not so difficult!