A citizen can dispose of his property during his life as he pleases: property can be sold, presented, bequeathed, and so on. If the testator did not dispose of his property during his lifetime and did not make a will, then all the property he acquired was inherited on a common basis, distributed among his heirs in equal parts.
When initiating an inheritance case, before issuing a certificate of the right to inheritance to the heirs of the deceased , a notary must establish a number of facts that are important for further conduct of the case: date of death of the deceased, circle of heirs, whether there is inheritance by right of representation, object of inheritance, actual acceptance inheritance.
Why is it necessary to establish the exact date of death of the deceased? The exact date of death is necessary in order to correctly calculate the term of acceptance of the inheritance and its end. According to general rules, the period begins to count from the day following the occurrence of a certain event, in our case, the day after the registered death. So, if the testator died on May 16, then the certificate can be issued after November 17.
Circle of heirs
For the proper distribution of the property of the deceased, it is necessary to establish the entire circle of heirs. The first to be inherited are: parents, spouse, children of the deceased. In the event of their death, inheritance by right of representation is considered. At the consultation stage, the notary public determines who the heir is, their number, including the deceased, and requests documents confirming kinship. If on the day of the appeal to the notary not all the heirs were present, then their place of residence will be specified in order to inform about their rights.
At the stage of clarification of the circle of heirs, it is very important to determine whether there will be inheritance by right of representation.
In accordance with the civil code, if the heir has died with or before the testator, then his share will be distributed among his heirs. For example, the deceased had two children, a daughter and a son. The daughter died two years before the death of her father, and she left three children. In this case, the inheritance will be distributed as follows: the son will receive half of the inheritance, and the remaining half of the inheritance due to the daughter will be divided between her three children in equal parts, that is, each of the grandchildren will receive 1/6 of the share.
Inheritance by right of representation is clearly spelled out in the civil code, as such heirs can be grandchildren, nephews, cousins and brothers of the deceased.
Actual Acceptance of Inheritance
If the heir at the time of death was registered with the deceased or took measures to protect and protect the inheritance property, then he is recognized as having actually accepted the inheritance.
To confirm cohabitation, it is necessary to present a certificate from the house administration, and to confirm the protection and management of the inheritance - documents confirming this: checks or receipts for the payment of utility bills, a certificate from the village councils on the processing of the land plot or a tax payment certificate.
Actual acceptance of the inheritance simplifies the submission of documents to the heir: he does not have a six-month period for accepting the inheritance, and if he is not in the country, he will not have to urgently return. The share of such an heir will be assigned to him, and the inheritance case will remain open until he turns to a notary public. However, such acceptance creates difficulties if the heir does not intend to accept the inheritance: he must, without fail, refuse the inheritance within the prescribed six-month period. If you miss such a deadline, you will have to go to court.