In connection with such changes in life, many experience great stress, some cannot or even do not want to discuss urgent issues on the registration of the property of the deceased. However, despite the loss of a loved one, the life of the successor does not stop - hereditary affairs remain, there is a need to rewrite the property that belonged to the deceased at the time of his death.
According to the legislation of Ukraine,
recipients are those who are with the deceased in a certain relationship, that is,
inheritance by law occurs
. Legal succession places the heirs in order of priority. Usually, the main applicants are citizens of the first kindred line - children, spouses, parents. Persons included in the will receive property under this document, so in this case, a close relationship is not necessary. The most important thing is that the legal document and execution of the inheritance by will contain correctly specified personality data: date of birth, other parameters of the person for whom the act was drawn up. If the name is the same, it is difficult to determine the successor.
There is a widespread misconception that drawing up a testament inheritance is everything. However, it does not always provide the opportunity to transfer the specified property in full. Even with it, one cannot be the sole heir. Moreover, this act is very easily canceled. For this purpose, it is enough for the testator to contact a notary public. Therefore, do not lay all hopes on this type of document.
The only person who has a legal right to open a succession case and issue a certificate is a notary public. According to regulatory requirements, the execution of a testament inheritance is initiated only once and only with the help of one notary public.
In accordance with the instructions of Article 1270 of the Civil Code, property is taken within six calendar months following the date of the recorded death of a person, or, as they say, the
opening of an inheritance. That is, you need to either pick it up or file a claim for rights, and it is during the six-month period. If you miss the legal deadline for the execution of a testament, you must go to court to help restore the lost possibility of acceptance.
There are situations in which there is no need to apply. This is, for example, when the heir was registered in the past with the deceased on the same property, and therefore he can automatically take the state to himself. An important disclaimer: in accordance with the Civil Code, the accepted inheritance is taken all at once and completely, without discussion. This means that you can’t take, for example, a house and at the same time refuse an apartment, or — horror! - from monetary debt. Or everything, or nothing!
So that a visit to a notary is not in vain, you need to bring the following documents with you:
- heir's passport and tax number;
- death certificate of a loved one;
- testament (if any);
- a document designed to confirm kinship (birth certificate, marriage certificate) ;
- a certificate from the ZHEK about who lived with the testator on the date of his death;
- extract from the house book.
The possibility of disposing of new property will come later, after full legal registration of the inheritance at home, so you can neither sell nor donate it, but you can use it all your life.