What is the law in the Russian Federation governing the inheritance? And how in Russia to join it? Similar questions arise in many citizens. Unfortunately, as a rule, people don’t think about inheritance powers during the life of testators. And therefore, significant problems are not ruled out in the future. Next, we will try to consider all the existing nuances associated with obtaining property by inheritance.
The legislative framework
What law governs inheritance? This point is extremely important, especially for those who do not exclude the appearance of conflicts related to the receipt of property by inheritance.
Today in Russia, when studying the mentioned topic, it is necessary to turn to numerous codes of laws. The Civil Code plays a fundamental role in inheritance. For example, on the basis of Article 1152, it follows that property can be inherited by law or by will. This is an extremely important point.
True, the Civil Code of the Russian Federation is not the only legislative base when entering the inheritance. What other laws help solve issues related to inheritance?
The guarantor is right
What existing law governs inheritance? As already mentioned, when studying the relevant topic, you must contact the Civil Code of the Russian Federation. But that is not all.
The right to inherit from a citizen is guaranteed by the state. Similar powers are prescribed in the Constitution of the Russian Federation. That is, all citizens of the country are potential heirs. Their powers arise on various grounds, but they are always guaranteed.
Family and laws
The inheritance is governed by civil law. But, as was emphasized earlier, a citizen will face various legislative acts and codes of laws in the exercise of hereditary powers.
Another code that needs to be addressed is Family. The thing is that the circle of heirs is determined depending on the receipt of the relevant property. Under certain circumstances, family ties play a huge role. And you can find out who in what order will receive property in the form of an inheritance with the help of the RF IC.
Entry Methods
Are you planning to receive an inheritance? What right will help clarify the hereditary nuances? A clear answer to this question is problematic. Especially taking into account the fact that such a question is regulated by various legislative acts and codes.
Inheritance in the Russian Federation can be different. For instance:
- in law;
- by will;
- by right of representation.
In all these cases, you will have to follow a certain algorithm of actions. The main thing is to draw attention to the fact that the circle of heirs is mainly determined precisely by the method of obtaining property from the testator.
When do they occur?
The receipt of an inheritance is regulated by administrative law. The thing is that each person can become an heir, and then get his share of the property. You just need to know how to behave under certain circumstances.
It is worth paying attention to the fact that the right to receive a property in succession arises from a citizen only after the death of the testator. Prior to this, the potential recipient of material goods has the powers mentioned, but he cannot exercise them.
On inheritance by law
Next, we will try to understand how to get material wealth in the order of entry into the inheritance. With proper preparation, this is not so difficult, especially if the deceased initially worried about compiling his last will.
Earlier it was said that in Russia it is possible to enter into the inheritance in different ways. For example, by law. This is the most common and problematic scenario. It is because of it that citizens think about the inheritance of which branch of law is regulated in a particular case.
The thing is that inheritance by law does not require any preliminary preparation. In this case, the circle of heirs will be determined by the degree of kinship with the deceased owner of the property.
In other words, the closer the relationship, the greater the chances of receiving material wealth from the deceased. In total, there are 7 levels of kinship in Russia. You can see them on the graph below.
A distinctive feature of this method of inheritance is that when the aforementioned powers are exercised, new heirs may appear in the family. For this, it is simply necessary to prove family ties with the testator.
Legacy of Representation
The next very confusing arrangement is inheritance by right of representation. Information about this institute is written in the Civil Code of the Russian Federation. More precisely, in the 1140s articles of the corresponding code of laws.
So it is customary to call the process of entry into the inheritance under the law "through the step". It is this description that helps legally savvy citizens understand what they have to deal with.
When inheriting by the right of representation , the children inherit the original heir who died before the implementation of the relevant powers. To make it clear what is at stake, consider a good example.
In the family at this moment there is a grandmother, her son and grandson. An elderly woman dies, inheritance rights appear in her son. The grandson of a pensioner does not pretend to grandmother's property. It will fully belong to his dad. Before the inheritance, the "father" of the family also dies. Under such circumstances, inheritance rights arise with the grandson. This is the right of representation.
Important: in practice, this alignment is extremely rare.
On obtaining testament property
Interested in inheritance? What right needs to be thoroughly studied in order to get rid of the majority of troubles, troubles and hereditary problems? It is recommended to focus on the Civil and Family Codes of the Russian Federation. They will explain well even the most confusing situation.
The last way to inherit is through a will. This is the simplest life situation, but the testator must prepare for it in advance. Namely - to issue a will of an established form.
A distinctive feature of this method of obtaining wealth from a deceased person is the definition of the circle of heirs. They can be any person and organization prescribed in the will. Very comfortably! By means of a testament paper, a person can write all the property to an outsider or, for example, only to one of his children.
About dependents and incapacitated
What is the law governing inheritance in Russia? The answer to this question is extremely simple: you need to study the Civil Code of the Russian Federation and the IC of the Russian Federation. Only in this case will a citizen be able to understand what he should prepare for in real life. The inheritance is legally considered a civil law transaction. Especially when it comes to obtaining material goods by testament.
Some individuals have a mandatory share in the inheritance. They cannot be removed from their respective powers. This is simply illegal. Even when entering into the inheritance under the will of “mandatory candidates”, it will not be possible to cross out. Moreover, it is not required to indicate them in the testament document.
Mandatory heirs are considered:
- incapacitated dependents maintained by the testator;
- minor children.
Moreover, in the first case, family ties do not play a special role. If there is evidence of being dependent, the person will without fail apply for a part of the inheritance after the death of the testator.
Terms for the exercise of rights
Are you planning to inherit? What right will regulate this moment? The answer to this kind of question will no longer put a person in an awkward position.
Inheritance rights in Russia have a certain period of "validity". A citizen can refuse them or take advantage of a strictly defined period of time. If the will is not expressed within the time limits established by the state, according to the law, a person will be deemed to have refused inheritance.
A citizen is given only six months to exercise his powers. The countdown starts from the moment the will or the inheritance rights in general is opened. Similar events take place immediately after the death of the testator or on the day the person is declared dead.
Exclusion from the circle of recipients
I wonder what law governs inheritance? The answer to this kind of question no longer puts the citizen in an awkward position. Basic information is spelled out in the Civil Code.
It's hard to believe, but you can remove from the inheritance. For example, by recognizing a potential recipient of material goods from the deceased as unworthy or by excluding a person from the circle of heirs by the will of the property owner. Incompetence may consist in dishonesty, refusals to provide assistance if the testator needs it, or committing a crime against him and his family. Usually admitted as unworthy through the court.
It is worth noting that often citizens are excluded from the number of potential heirs by indicating in the will of those who will lay the property after the death of the owner of the objects.
Important: under any circumstances it is impossible to remove obligatory heirs from receiving a share in the property.
Reinstatement
What law governs inheritance in the Russian Federation? At the moment - civilian. It is hard to believe, but the legislation of the Russian Federation allows you to restore the period for entry into the inheritance. A similar operation is carried out exclusively through the court.
In order to achieve such a decision, a citizen must prove that the passage of the period allotted for the entry into the inheritance occurred due to force majeure.
Such cases include:
- residence in another country (lack of awareness of their authority);
- occurrence of natural disaster;
- the potential recipient of the property for a long time was on treatment or on a business trip.
As a rule, if you missed the deadline for inheritance due to circumstances beyond the control of a person, you can hope to satisfy the lawsuit.
Brief instruction
The inheritance is governed by civil law. The Civil Code of the Russian Federation clearly indicates the features of obtaining property in the order of succession. True, you must additionally take into account the Constitution, as well as the Family Code. Only in this case can the situation be clarified as accurately as possible.
How to inherit? The rules of what law will have to be taken into account are clear. And in order to officially formalize the inheritance in a particular case, you will need:
- Wait for the death of the testator and issue a death certificate in the established form. Usually the second operation is carried out by the relatives of the deceased.
- Contact a notary public and find out if there is a will.
- Wait for the opening of the inheritance or testament document.
- To prepare a certain package of documents for further manipulations. It is described below.
- Write a statement of acceptance of the inheritance and give it to the notary.
- Wait for the time allotted for the exercise of inheritance rights.
- Contact a notary public again and receive hand certificates of acceptance of the property by inheritance.
All that is now required is to re-register this or that property, as well as pay taxes if they are provided for by the legislation of the Russian Federation. There is nothing difficult or incomprehensible in the process. Especially when it comes to probate inheritance.
Part rejection
The receipt of an inheritance is regulated by administrative law and not only. This is a very confusing process, which, with incorrect actions, is extremely troublesome.
In Russia, not only real estate is inherited, but also other material goods. Don’t forget about obligations either. The testator’s debts are also inherited.
Is it possible to refuse part of the inheritance? No. If a citizen is simultaneously an heir by testament and by law, he can choose how to draw up property rights. And nothing more.
Documents for registration of rights
Is inheritance regulated by family law? Yes, but only partially. With the help of the RF IC, you can determine the relationship of citizens, as well as understand who will be considered the heir by law.
To formalize the inheritance in one way or another, you need to prepare a lot of documents. Typically, among them are:
- death certificate of the testator;
- applicant's passport;
- testament (if any);
- documents confirming kinship with the testator;
- certificates of property transferred by inheritance (preferably);
- statements indicating dependency;
- certificates from the place of residence of the deceased.
This is the most common list of documents. In addition to him, it is required to draw up consent to accepting the inheritance. It is drawn up directly at the notary's office.
Summary and Conclusions
What is the law governing inheritance in the Russian Federation? From now on, the search for the answer to the asked question will not take much time and effort.
We studied the legal framework for inheritance. The information presented is sure to help every person. If problems arise in the process of registration of the inheritance, it is better to contact an experienced notary or lawyer. Only in this way will it be possible to understand what to count on in a particular case.
If the heirs do not agree with the principles of the division of property, you can try to appeal it through a court. For example, by canceling a will because of violations during the execution of the document.
As a rule, every person has the right to receive an inheritance. The main heirs in this case are close relatives. Experts recommend making a will in life. This technique will help to avoid unnecessary scandals and problems.