Having received an inheritance, many are wondering how to enter into inheritance rights? This is a fairly long matter, since you need to draw up a large number of documents. In addition, inheritance is a rather complicated procedure; there are subtleties here. This article will tell you how to properly carry out this procedure under the law.
Inheritance basics
After the death of a person, his relatives become applicants for his property. Before entering into the inheritance, a huge number of questions arise. First of all, you need to know what methods of transfer of property exist.
According to the method of inheritance of the acquired deceased, there are:
- According to a pre-compiled will. In this case, the inheritance is not always given to relatives. The property is transferred to the one who is indicated in the testament document as the heir. But there are exceptions, when a part of the acquired is received by a person who is not indicated in the order of the deceased.
- Inheritance by law. It is carried out in the case when the deceased in writing did not express his will about who will get his property.
Inheritance by law: time frame
They begin to count from the day that led to the opening of the inheritance. This can happen in the event of a person’s death, recognition of a citizen as dead, as well as the birth of an assignee, etc. As a general rule, the inheritance by law occurs after 6 months. Sometimes the assignee of the first stage may refuse the property. In this case, the right will pass to the heir to the second stage. At the same time, the term for the transfer of property is reduced and is half as much, that is, 3 calendar months.
If the documents for the entry into the inheritance are sent by mail, then the period begins its countdown from the date of departure. That is, the number that will be indicated on the envelope.
Documents for inheritance
They can be divided into 3 categories:
- Evidence of death. Usually this is a death certificate, a certificate from the FMS or an extract from the house book, which will confirm the moment that the citizen lived in that place until death.
- Certifying the right to inherit. These include documents such as the passport of the heir, a document of kinship. Relationship can be confirmed by a birth certificate, adoption or marriage. Sometimes there may be errors in some documents, for example, the surname is written in the passport not through “a”, but through “o”, then the right to inheritance will have to be established through the court.
- Additional documents. They are installed depending on the case, as in each case they are different. This can be a disability certificate, a pension certificate, etc.
Heirs: who is the first?
If we consider the order of entry into the inheritance, then there are several groups of applicants. Some have a primary right to property, while others have a secondary right.
The first are usually the closest relatives of the deceased. This is a spouse, children, parents, grandchildren.
If there are no first-order heirs, then the applicants of the second, third, etc. have the right to receive property. The law provides for such a thing as an “unworthy heir”. This is the person who committed any illegal actions against the testator, or, for example, parents who did not fulfill their direct duties. Such candidates also lose their right to receive the property of the deceased.
Legacy stages
- Collection of a full package of necessary documents. This must be done before going to the notary, and contact this official with a full package of documents. In this case, the inheritance will be much faster and will cost a minimum of effort and nerves.
- After the death of a citizen, it is necessary to find out whether he made a will. You can check this item in any notary's office, there they will check the availability of a will on a computer base. After that, it will be necessary to turn to the notary public with whom it is stored.
- After the above points, you can contact the notary without forgetting the documents.
The order of entry into the inheritance (it is precisely regulated by law):
- Appeal to the notary public with a statement of acceptance of the inheritance.
- Providing a full package of documents to a notary.
- Payment of notary services. It is worth noting that when the inheritance by law occurs, its value is calculated individually. The state duty is usually 0.3% for the primary heirs. For subsequent such collection is 0.6%. The maximum state duty when entering into an inheritance for the former is up to 100,000 rubles, for the following, up to 1 million, depending on the amount of the inheritance. When paying for it, there are some benefits, for example, for people with disabilities, as well as for those who lived and currently live in a dwelling that is bequeathed.
- Registration of property rights to inheritance. This stage begins 6 months after the death of the testator. Typically, ownership of the property passes immediately after death, but the heirs will be able to dispose of it only after completing all the documents.
In cases of transfer of real estate, for its registration you need to contact the Rosreestr. After issuing the certificate, it can be considered that the design of the inheritance is completed.
In order to complete the process of transferring a car, you need to register it with the traffic police.
Inheritance of a part of property
Some successors are interested in how to get only part of the property. The answer is unequivocal - this is impossible. The law does not provide for such an inheritance by law. Usually, if the assignee agrees to accept the property of the deceased, then he accepts its entire volume. This suggests that he accepts the debts of the deceased. If there are several heirs, then debt obligations are divided equally into all. The share of transferred property is also taken into account.
How is the inheritance of one of the spouses inherited?
In order for the second spouse or children to receive the property of the deceased from common property during marriage, an “inherited part” must be allocated in accordance with the law. That is, the living spouse first of all receives his share from the joint property. After that, it enters into law through the procedure of inheriting the relying part from the property of the deceased.
As a rule, the allocation of such a part can be carried out without litigation. If no questions arise, the notary, on the basis of the documents provided, allocates property for inheritance. If such issues cannot be resolved in the usual manner, they are resolved through the court.
Mandatory inheritance by law
The transfer of property by testament has one important nuance: regardless of what the testator indicated, there is a “required share”. It is understood that part of the inheritance, regardless of the will, is due to a person who is included in the following list:
- minor children;
- disabled children for health reasons;
- disabled dependents of the deceased. These can be spouses with disabilities, as well as disabled relatives living with the deceased.
Their share is half of that which was indicated in the will. These categories of persons have the full right to inheritance and it is possible to deprive them only through a court.
Missed inheritance period, what should I do?
If the time for claiming the right to the property of the deceased is lost, then the consent of all the heirs is necessary for its restoration. In cases where the assignee is only one and the deadline is missed, for example, in order to inherit an apartment in accordance with the law, which has already been transferred to state ownership, it is necessary to restore your rights through a court.
Stages of restoration of rights to inherit by law:
- Obtaining the consent of the heirs orally.
- The written consent of the heirs, certified by a notary.
- Revision of shares of each heir.
- Cancellation of a previous certificate of inheritance.
- Production of new evidence.
- New registration in state registers.
Such an algorithm is rarely used, since not all heirs agree with a decrease in their shares. Therefore, more often the term is restored through the court.
The lawsuit is being filed. The defendants are heirs. There must be appropriate grounds for filing a claim:
- Skipping a deadline for a good reason. These include a serious illness, the helplessness of the heir.
- Ignorance of the heir about the inheritance.
The law restores lost time after eliminating obstacles.
Actual Acceptance Cases
Not always the heirs enter into their rights to the property of the deceased through a legally established procedure. Very often people live together, have one household, one of the relatives dies, and part of it, which should go to the first-order relatives, is not legally inherited. They just continue to use it in the same way as during the life of the deceased. In legal language, this is called "actual acceptance of the inheritance." In order to be able to dispose of this part of the property in the future, it is necessary to legalize your rights in court. By decision of the court, the right to private property is transferred to the legal heirs with documents.