Inheritance is represented by property remaining after the death of a person. It must be passed on to the successors, for which a notarial case is opened by a notary. The specialist can take into account the information available in the will, and heirs can also be identified by law. Often there are difficulties with the definition of successors, therefore, a notary search for heirs is carried out. The process involves the search for citizens in different ways, and especially many difficulties arise when finding relatives or the property itself abroad.
Inheritance methods
Property remaining after the death of a person can be transferred to other persons in two different ways. These include:
- Transfer of property by will. In this case, the law does not require the search for heirs by a notary. This is due to the fact that all people who are the recipients of the remaining values are already indicated in the official order. They are easily identified, and also other persons cannot apply for the hereditary mass. The exception is the compulsory heirs who are minor children or dependents of the deceased person.
- Legal transfer of property. In this case, after the death of a citizen there is no order left. Therefore, the search for heirs is often required by a notary in Moscow, other cities of Russia or even in other countries.
During the determination of heirs, the will is the priority. If a person is the legal successor, but is not indicated in the official order, then he will not be able to count on receiving property. An exception is obligatory heirs.
When is wanted wanted?
Many people, even when receiving information about the death of their relatives, are in no hurry to contact a notary to check if they have the opportunity to receive an inheritance. Some people do not realize that they can claim any property. Is a notary search for heirs a mandatory process? The procedure is certainly carried out only in some situations:
- relatives of the deceased person are in another city or state;
- there was a bad relationship between the deceased and his relatives, so they did not maintain contact, which leads to the fact that citizens do not know about the death of a relative;
- some people simply do not have enough knowledge to go to a notary public on their own.
The search is carried out even on the condition that there are already some people who are heirs and wish to enter into their rights. This is due to the fact that other successors may apply for the inheritance in the future. They will be able to exercise their right to restore the statute of limitations, as they will be able to prove that they were not notified of the death of a relative. Under such conditions, people who have already inherited will have to share their values with other heirs.
Benefits of finding heirs
If all the successors of a deceased citizen are found, then this has many undeniable advantages. These include:
- all people will be able to take their rights;
- possible problems in the future are prevented when it is necessary to redistribute previously acquired values;
- in equal shares between all the heirs is distributed not only the property, but also the debts of the testator.
During communication with successors, the notary must require them to notify their relatives of the death of the testator. In this case, we can expect that all legal heirs will independently turn to the notary's office.
Search Rules
Each notary under certain circumstances should produce a search for heirs. Notary Iring Irina Gennadevna works in Anzhero-Sudzhensk, and, according to reviews, she copes with her main responsibilities perfectly. Thanks to a competent search for all the heirs, there is no situation when people are forced to share their property with the announced successors after a long period of time.
The features of the search include:
- the search is performed within the framework of inheritance matters within the competence of a notary public;
- according to the law, specialists are not obliged to search for heirs who have not appeared, since they do not receive any additional payment for these actions, and a lot of time is spent on the search, but in some situations this is necessary;
- The direct duties of a specialist include only sending notifications to persons who are direct successors, for which purpose their registration addresses or places of residence, phone numbers, places of employment or other information are used;
- the search can be carried out if there are no heirs or there is evidence that a particular citizen is a direct heir;
- To perform this process, different methods can be used, for example, interviewing other relatives, posting ads in open sources or using sites created by different notaries.
The search for heirs by a notary using the Internet is considered more and more popular and simple, since on the network you can get information about almost any person.
How is the process performed?
The search for heirs by a notary in Voronezh or another region is carried out according to a single algorithm, since almost all specialists use the same methodology. To do this, the following actions are implemented:
- the closest relatives of the deceased citizen are surveyed, as they often have information on how to contact other potential successors;
- information is collected about the missing heirs, for which requests may be made to the Federal Registration Service, Federal Tax Service or the police;
- used to obtain information phone numbers, residential addresses or places of employment of potential heirs;
- information is posted in open sources and networks;
- sites made by different notaries are used.
To increase the effectiveness of the search, specialists usually use several methods at once. During the search, all kinds of information about potential successors is used, to which their F.I.O., place of work, date of birth or other information refers.
Methods Used
The most popular and effective search methods include:
- sending written notifications to the address of the residence of the potential heir, and this document should contain information about the date of the death of the testator and the need to contact the notary office to obtain information about the possible inheritance;
- placing ads in local newspapers, although this method is considered not too effective, since in most cases people simply do not pay attention to such ads;
- the use of special notary sites on the Internet, but people often do not visit such resources, and when finding any important information, it is recommended that you first check it in official sources, as information is often posted on the Internet by scammers.
Using the above methods, the search for heirs by a notary is fairly easy. How long does this process take? The specialist must perform the above activities only within 6 months after the death of the testator. This period is given for the entry into the inheritance.
The most effective methods
Statistics show that the most effective way to search is to interview relatives.
Additionally, a search on social networks helps, for which information about the deceased person is entered. After finding his account, you can examine all his friends, among whom there are most often close relatives.
Search features in another state
There are frequent cases where the heirs and the deceased person live in different states. The search for heirs by a notary abroad is considered a complex process, since not always different government agencies easily provide information about a particular person. The features of this search include:
- often have to engage diplomatic missions;
- the search process is carried out through the police of a foreign country or through other bodies;
- official requests are made through international communication channels;
- in addition, lawyers are often involved in this process, as notaries can often not cope with the task on their own.
If it is not even possible by such official methods to find heirs in another state, then the estate is closed or the property of the deceased person passes to the successors of the next stage, who are in Russia. Therefore, a notary searches for only when taking into account their limited capabilities.
Should relatives search?
Even the relatives of the deceased person are interested in finding the rest of the successors. This will save them from a situation where in the future they will have to share property, already registered for themselves, with other successors that have just been announced. For example, several years after entering into the inheritance, another heir may appear. He may have a good reason for the restoration of the term. In this case, real estate and other property registered as a citizen will have to be shared with this new successor. If the values have already been sold, then you will have to pay monetary compensation.
Relatives themselves can search. Since they knew the deceased well, they can easily find other relatives. To do this, you can use social networks, the help of neighbors or other persons.
Conclusion
The search for heirs by a notary is carried out only when absolutely necessary. A specialist can make requests to various government agencies, use social networks or other sites on the Internet. When searching for people in a foreign country, one has to resort to the help of diplomatic missions.
If within 6 months the specialist cannot find the close relatives of the deceased person, then the property is transferred to the successors of the next stage.