After the death of each person, a certain property remains, which is transferred to his close relatives. Any citizen, during his lifetime, has the opportunity to independently dispose of those who will get these or those values, for which he will make a will. It acts as a special form of expression of will. By all means, the document is notarized. All the people spelled out in it are heirs. Inheritance by testament of different property is a standard process. Citizens must accept not only property, but also all debts of the testator. To accept the inheritance, you need to understand what actions should be performed for this.
General Provisions
The will is presented by special order of a person. It indicates to whom his values will pass after death. The compilation of this document is represented by a unilateral transaction made personally by a citizen.
A will is made only by a person who is an adult and capable. It will not be possible for the child to form this document even if there is permission from the parents. The exception is emancipated citizens who acquire full legal capacity before the age of 18.
Inheritance by law and by will differs in that in the first case only relatives can become heirs, but even unauthorized persons can be indicated in the will. In the process of compiling the document, the nuances are taken into account:
- only with a properly prepared and notarized document can one dispose of property after death;
- a document is personally created by a person, therefore it is not allowed to use the help of a representative;
- the document should contain the will of only one person, therefore, several people should not participate in the preparation of the document.
The rights and obligations of a will arise only after the opening of the inheritance. The right of inheritance by will passes exclusively to the people indicated in this document. But at the same time there are obligatory heirs, who in any case can claim certain values of the deceased person.
What can be indicated in the document?
Everyone has the right to dispose of their values at their discretion, so both relatives and outsiders can be heirs. In Art. 1149 of the Civil Code indicates that any citizen has the freedom of will, but it is limited only to mandatory shares. The testator is not required to notify any of the will.
The document may prescribe any values that belong to a person on the basis of ownership. According to Art. 1116 CC in the document may indicate one person or several heirs. If there are several heirs, and at the same time there is no information in the will about the shares in which the property is divided, then all values are divided equally between them.
Document forms
In the preparation of the will can be used in various forms. They depend on the conditions under which the document is formed. The main such forms include:
- a will certified by a notary shall be drawn up personally by a citizen or notary according to his words;
- a closed document, the contents of which are not even familiar with a notary public;
- certificate by persons whose certificate is similar to notarization, and a list of these persons is available in Art. 1127 Civil Code;
- an order in which the right to use the money deposited in the bank account is transferred;
- testament drawn up in emergency circumstances, and under Art. 1129 of the Civil Code, if there is a threat to the life of a person, then he can draw up a document that will not be certified by a notary, but at the same time will have legal force.
Thus, probate inheritance is considered a fairly simple process. Each heir should have a good understanding of how to enter the inheritance correctly. To do this, they must perform certain actions, but it is important to take into account the main provisions of the law.
Legislative regulation
The process by which citizens inherit property belonging to a deceased person is governed by different regulations. Inheritance by law and by will shall be carried out taking into account the provisions of:
- Constitution of the Russian Federation;
- Civil Code of the Russian Federation, moreover, the transfer of inheritance on the basis of a will made in advance is described in chap. 62;
- Federal Law No. 147.
Additionally, different nuances are indicated in other legislative acts.
When will a will be opened?
Immediately after the death of a citizen, an inheritance is opened by a notary. He notifies that this document is available to all citizens who have the right to inherit by will. These people receive information about what will be transmitted to them on the basis of an existing document.
Often, under such conditions, values are transferred to unauthorized persons, but relatives are not even mentioned in the document. They will not be able to challenge the document, since it is notarized, therefore there is no way to prove that the testator was incompetent or a testament was formed under pressure.
Legacy
Each heir must understand what actions and in what terms should be performed by them in order for the inheritance to take place. The form of inheritance by testament assumes that only six months are given to complete the necessary actions. The countdown starts from different dates, which include:
- the death of the testator;
- correctly executed and notarized refusal of one of the heirs of the property;
- the entry into force of a court decision, on the basis of which a certain person is recognized as dead, therefore it is required to open an inheritance;
- the birth of an heir after the testator died;
- other lawful events.
It is taken into account that if one of the heirs renounces his right of inheritance by law and by will, then the next heir must perform all the steps for entering into the inheritance within three months, and not six.
Often, citizens prefer to send documents to a notary public about a decision by mail. Under such conditions, the filing date of the application will be represented by the date the document was sent, and not by the notary.
What documents will be required?
Even if the person is indicated in the will, he must complete the process of inheritance. This requires the preparation of certain documentation confirming the right of inheritance of property by will. The main documents include:
- a citizen’s passport, as well as papers that confirm the existence of family ties with a deceased person;
- documents confirming the death of the testator, and usually they are presented with a death certificate;
- additional paper if necessary.
Additional documents may include different documents required in different situations. For example, a certificate of the presence of a certain disability group or a pensioner's certificate is often necessary.
What should the heir do?
The Civil Code clearly indicates how the process of inheritance takes place. In the Russian Federation, inheritance by testament begins to occur more and more often, as citizens prefer to independently indicate to whom one should give their values. Heirs must be well versed in what actions they must take to enter into the inheritance. Inheritance of property by testament involves the implementation of the steps:
- The necessary documents are collected, which are required by a notary to confirm their right to values;
- the opening of a will, on the basis of which the notary informs all the heirs that the testator has independently ordered to whom his property will remain;
- if a certain person is one of the heirs of the will, he needs to contact a particular notary who is engaged in this matter in order to begin the process of entering into the inheritance.
If it is revealed that there is no will, then the process begins by law.
The order of entry into the inheritance
As soon as the inheritance is opened, the half-year countdown begins. It is this period that is granted to the heirs so that they perform all the necessary actions. The testament inheritance procedure involves the implementation of the steps:
- An appeal to a notary public to give him a statement on the basis of which a citizen confirms his desire to inherit. First you need to make sure that a really specific person is registered in the will.
- All documents required for probate inheritance are collected. Based on this documentation, a certificate of entry into the inheritance by a notary will be issued.
- Notary services are paid, for which the optimal state duty is calculated based on the available tariffs. For close relatives, when inheriting an apartment by will, it is required to pay 0.3% of the price of this object. For other heirs, 0.6% is calculated. Therefore, you first have to turn to independent appraisers to determine the cost of the apartment for subsequent competent calculation. The maximum fee for close relatives is 100 thousand rubles, and for other heirs - 1 million rubles.
- Obtaining a certificate of inheritance from a notary. It acts as a title document for different values.
- Registration of ownership of an apartment or other property. The process can only be carried out after six months have passed since the opening of the inheritance. From this moment on, the heir can dispose of the received values.
If real estate is inherited, then for registration you will have to contact the Rosreestr. If you need to register a car, then the process is performed in the traffic police.
Probate inheritance is considered a fairly simple process. This is due to the fact that other people cannot challenge the right of the people indicated in the will to the transferred values. Disputes usually arise in the absence of this document, when there are several heirs who claim different property of the deceased person.
Process features
Modern people often leave a will, so this situation ceases to be non-standard. The features of this procedure include:
- It will not turn out to the heirs to sell the received values within six months after the death of the testator, since this particular period is intended so that all potential heirs can show their rights, and this is necessary even if there is a will.
- A citizen must independently perform certain actions in order to enter into an inheritance. To do this, they prepare a statement and other documents.
- It is taken into account that almost always there are obligatory heirs whose rights should not be infringed, therefore if they are not indicated in the will, then it will be necessary to deprive a certain portion of the inheritance of other persons registered in the document.
- Heirs must pay for the services of a notary, otherwise they will not be able to receive an inheritance.
- In addition, it will be necessary to carry out an assessment process with respect to valuable property, which will allow them to determine their estimated value necessary for calculating the duty.
Legal inheritance by will has many nuances that should be well studied by the heirs. They are given six months to do this, and they can also always use the help of a professional notary or lawyer.
What are the responsibilities of a notary?
A notary, otherwise called a executor, performs many actions during the transfer of inheritance. His main responsibilities include:
- certify the will made by the client;
- sign a document if the testator himself cannot perform this process for good reason;
- cannot be a notary heir or relative of a testator;
- the specialist monitors the correct execution of the will;
- citizens themselves choose who will carry out their will.
Due to his many responsibilities, the specialist has the right to demand a significant payment, the amount of which depends on the value of the property transferred by inheritance.
What is a required share?
Some people may claim part of the property of a deceased person, even if they are not indicated in the will. Such heirs are called mandatory, so they will certainly be given a certain share.
Such heirs include minor children or children who, even after reaching the age of 18, are not able to engage in labor activities due to their health. Additionally included here are other disabled relatives and dependents of the deceased person.
The law states that the mandatory share is equal to half of the property that the heir should have inherited by law.
Conclusion
Thus, a will is considered a demanded document drawn up by citizens with the involvement of a notary. Its main purpose is the disposal of property belonging to a person during his lifetime. It can only be compiled by a capable and adult person.
All heirs indicated in this document must perform certain actions in order to enter into the inheritance, and the law indicates mandatory heirs who will have to allocate a share if they are not indicated in the will. The notary whose services are paid on the basis of the value of the inherited property should control the correctness of all processes.