Inheritance and inheritance as legal categories are widely covered by applicable legal norms. Key provisions, in particular, are provided in section. 5 GK. They govern the transfer of ownership to successors, their order and other conditions.
Legacy: Definition
The term is explained in Art. 1110 GK. What is an inheritance ? By it is meant the transfer of property of the deceased owner to other persons according to the rules of universal succession. This process is carried out on the basis of the law or voluntarily expressed will of the person. Derivatives from them are the hereditary transmission and the transfer of property by right of representation. Each procedure is specific. Meanwhile, there are common features. In particular, they relate to the procedure for acquiring, refusing or executing an inheritance. In addition to this, the Civil Code provides for rules that determine the rules for the transfer of certain types of property. Their need is associated with the likelihood of controversial situations.
What is legacy ?
The procedure for transferring the property of the deceased to successors is governed by the provisions of Ch. 61. The law is one of the grounds for inheritance. This is provided for in Art. 1111 Civil Code. What is inheritance in this case? Succession in the general (universal) order assumes that subjects are called upon to open a case in accordance with the sequence. It is also regulated by the Civil Code. An exception to the general rule is successors who are called upon by right of representation. About them it is told in articles 1146 and 1141 (item 2). Explaining what an inheritance is, a number of specific features should be noted. First of all, it is the order mentioned above. In addition, the rules provide for a requirement for a mandatory share, as well as provisions governing the inheritance of escheated property.
Priority
It is a prerequisite for inheritance by law. The priority is set in accordance with the degree of kinship of subjects with the deceased - the number of births separating some close ones from others. The assignment of subjects to one or another group of successors is carried out in Articles 1142-1145 of the Code. In particular, the norms indicate that the heirs:
- The first priority includes spouse, parents and children.
- The second group - half and full sisters and brothers, grandparents.
- The third stage - the uncles and aunts of the deceased, both full and half.
These are the main successor groups. There are also 4th, 5th and 6th priorities. The fourth group includes great-grandmothers / great-grandfathers, the fifth - cousins / grandparents, the sixth - cousins of great-grandchildren, nephews, uncles and aunts.
Submission right
Among the persons mentioned above, there are no grandchildren / granddaughters of the deceased, as well as their relatives. These entities are successors by right of representation. It should be noted that such an inheritance arises if any of the persons in the first or third stages dies at the same time as the owner or before the opening of the case. The indicated grandchildren / granddaughters and other entities become successors along with the group to which their deceased relative belonged. Its share, respectively, passes to them in equal shares.
Adopted and adoptive parents
In accordance with Art. 14 SK, these entities are recognized as close relatives. However, it is worth noting a number of nuances in the succession. First of all, it must be said that such an inheritance is accepted in a general manner. Meanwhile, adopted children cannot claim the property of their deceased parents by origin. The exception is cases when, by a court decision, relations between them were maintained. A similar rule applies to the parents of the adopted by origin (real father and mother). They also have no right to inherit his property in the event of his death, except in cases when, by a court decision, the relationship between them was preserved. These rules are established in Art. 1147 Civil Code.
Disabled dependents
This category includes subjects who have reached retirement age, people with disabilities 1-3 grams, including from childhood, as well as minors under 18, and if they are studying full-time, up to 23 liters. They have the right to accept the inheritance, along with the called successors, and independently (in the absence of the latter). Disabled dependents have a number of advantages compared to the relatives of the remaining lines. In particular, referring to any group established by Articles 1143–1145, but not called for inheritance, they can become successors along with those who are involved in opening a case. In this case, the rules set several conditions. In particular, these persons must:
- Be incapable of work on the day the case is opened.
- Be dependent on the deceased person for at least 1 year.
If these conditions are met, then the cohabitation of the testator and these entities is optional.
Term
Regardless of how inheritance is carried out - according to the rules of universal succession or according to the documented will of the owner, the order is general. In particular, under Art. 1154 of the Civil Code the term for the adoption of property and rights is six months. Its calculation starts from the date of death of the owner or recognition of him as dead. Six months is set for persons of all categories. However, for certain groups, it begins to flow from the moment of the death of any of the claiming relatives, their refusal, removal from succession. It should be said here that the established deadlines may decrease or increase in individual cases.
Period Change
Article 1154, paragraph 3, regulates the case when the period of inheritance is reduced. In particular, this is the case if the subject has the right of succession in connection with the refusal of another relative. In this case, the period of inheritance may be reduced to 3 months. An increase in this period is allowed in court. In this case, it is necessary that one of the stipulated conditions is met. In particular:
- The heir did not and could not be aware of the opening of the case.
- The deadline was missed for a good reason (illness, for example), and the interested subject filed a lawsuit within six months from the moment they fell away.
Voluntary expression of will of the deceased
Separately, the rules consider the design of a will. He acts as a unilateral transaction, in the framework of which is expressed the order of the owner regarding his property after death. Norms are required. In particular, the execution of a will is carried out by the subject personally, in a state of legal capacity and of his own free will. A citizen has the freedom to express his will. In particular, he has the right to independently determine the circle of successors, property transferred to each of them. However, the legislation establishes some restrictions. In particular, the norms provide for an obligatory share of property for a certain category of relatives - subjects who were dependent on it, minors and conceived, but not born during the lifetime of children, including.
Acceptance of property
Ch. 61 and 64 of the Civil Code regulate in detail all the procedures that are performed during inheritance. First of all, a case is opened. From this moment, the period established for acceptance of the inheritance begins to flow. As indicated above, it is calculated from the date of death or recognition of a citizen as dead. The case is opened at the place of residence of the owner. If there is no information about the last address, then the inheritance will be accepted at the location of the property.
Address to the notary
The rules provide for a specific procedure in accordance with which the fact of acceptance of the inheritance is established. First of all, the intention to become a successor is indicated by an appeal to a notary public. In addition, the official informs the subjects of what documents are needed to enter the inheritance. The application is compiled according to certain rules. The form is usually provided at the notary's office itself. Establishing the fact of acceptance of the inheritance also involves the determination of other actions indicating the intentions of the subject. This may be, for example, payment of the costs of maintaining the property. It should be said that along with material values the debt is inherited. This means that if the deceased had credit obligations on the day of his death, the successors will repay them. For some relatives, inheritance debt can be too heavy a burden. In this case, they have the right to refuse succession.
Paper
What documents are needed for inheritance? First of all, as was said above, a statement is being drawn up. Attached to it:
- Identity document of the applicant.
- The property of the death of the owner.
- Documents certifying the degree of kinship.
- Information about the last address of residence of the deceased.
- Title documents for property, certificates of assessment (if necessary).
- State duty receipt.
A notary may request other documents.