The inheritance after the death of a relative is accompanied by a number of formal procedures. Entry into the rights may be hindered by claims made by third parties, a lack of some of the required documents, or an elementary lack of knowledge of the basic laws governing this area of relations between people.
Inheritance of property means the transfer of rights to it to other persons who have legal grounds for this. Who has more inheritance rights after the death of her husband? His spouse, children or parents? To whom do you inherit after the death of your father? Knowledge of laws helps answer these questions.
There are two modes of inheritance: by will and by law. The last regime is valid if it is not changed by a will made in advance.
According to the Civil Code of the Russian Federation, strict deadlines are established during which everyone can exercise their right to receive an inheritance, must submit a notarized statement or perform the actions specified in the law, regarded as the actual entry into the inheritance. The term is 6 months from the date of registration of death.
The entry into the inheritance after death under the law is carried out in the following order. First of all, children, spouses and parents of the testator have the right to inherit. Only then come the grandchildren and their descendants, who receive the right to inherit on the basis of representation.
Entry into the inheritance after death by testament is possible subject to all conditions of its legal execution. A will must be executed in writing in person by the person who draws up his will. In this case, the person making the will must be fully competent. An existing will must be certified by a notary or by persons who have a legal right to do so (chief physicians of hospitals, ship captains, expedition chiefs or places of deprivation of liberty).
Inheritance after death: rules for registration
There are two ways to enter into rights: by submitting an application to a notary and accepting the inheritance in fact.
When applying, this must be done at the place of residence of the testator. This can be done in person or through mail services (subject to a notarized statement). A number of general and additional documents are attached to the application. Common documents include the passport of the person entering the inheritance, a document on the death of the testator, a certificate of residence is required, and a document proving kinship.
Additional documents are as follows for individual cases:
- when inheriting an apartment - an order or a document of ownership, a document on the absence of arrears in payments, a copy of the personal account, a document from the BTI with an assessment of the property, an apartment plan.
- upon inheritance of a land plot - a certificate of ownership of it, BTI passport for ownership of the land, BTI certificate, tax certificate of no debt, cadastral plan indicating the value of the plot.
- when inheriting a car - a certificate of ownership of it, an assessment on the day of death.
- when inheriting securities and treasures - the name of the joint-stock company, LLC, extract from the register of all shareholders, a passbook or deposit agreement, etc.
According to the totality of the necessary documents, the notary initiates a case of inheritance, finds out the circle of all heirs, calculates their shares. After six months, a certificate of inheritance must be issued. This document should then be transferred to the institution of the registration federal service in order to receive a document on state registration of the right to transferred property.
Actual acceptance of the inheritance is considered to be the heir’s entry into the management or possession of the property, the costs of maintaining the property, the adoption of measures aimed at preserving the property and protection from damage; payment of debts of the testator. In this case, the right of ownership of the inheritance shall be recognized by the court.