Inheritance law is the subject of ongoing disputes, judicial debate and conflicts among heirs. This area of legislation raises a lot of questions. For example, not everyone knows who has the right to inherit. How to become an heir and get the property prescribed by law? Below will be revealed the foundations of inheritance law in Russia. Who is the heir? How should he act in one case or another to exercise his powers? What difficulties can he face?
Briefly about inheritance
Persons entitled to inheritance are defined differently in Russia. It is worth noting that a lot depends on the method of obtaining property by inheritance.
In Russia, there are 2 ways to transfer the corresponding property - by law and by will. Each of these options provides for a different circle of heirs.
Moreover, the right to inheritance arises from citizens only after the testator’s death (or death by court) of the testator. Up to this point, potential heirs do not have any authority to dispose, possess and use their future property.
Legacy
Who has the right to inheritance? Next, we will analyze all the possible scenarios. This is a rather difficult question, the answer to which depends on many nuances.
The thing is that sometimes in Russia there is inheritance by law. In this case, the relatives of the deceased are potential recipients of the property of the testator. The closer their relationship, the greater the chance of getting a share of the property.
The legislation of the Russian Federation distinguishes several stages of inheritance. Who has the first right to inheritance? These are parents, spouses and children. This circle of persons belongs to the first stage of the heirs. After them come grandparents, brothers and sisters, aunts and uncles, nephews and so on.
Probate Inheritance
But that is not all. Who has the right to inherit? How is the circle of potential heirs determined when receiving property from the testator by testament?
In such circumstances, the heir may be any person specified in the will. Such a person may be:
- Relative.
- Stranger.
- Company or legal entity.
Moreover, the state sometimes acts as the heir. This is an extremely rare occurrence, but you should not forget about it.
Required share
The right to an obligatory share in the inheritance belongs to certain persons. They are entitled to part of the inheritance even if the owner of the property wrote a will to another person and executed it in accordance with all the rules.
Among the persons claiming on a mandatory basis the property of the deceased, there are:
- Minor children.
- Disabled adult children.
- Disabled spouses and parents.
That's not all. In addition, the legislation of the Russian Federation determines the circle of heirs who have an obligatory share in the property and are not related to the close relatives of the deceased. Who is it about?
Lack of close relationship and required shares
Persons who have the right to inherit without fail are not limited to the list indicated earlier. In addition, the potential recipients of the property are necessarily dependents, which the testator kept.
If this is not about close relatives, certain conditions must be observed. Namely:
- At the time of death, the heir at least a year was disabled.
- Dependent during the death of the testator lived together with the deceased.
In reality, everything is simpler than it seems.
Adoption
Are adopted children eligible for inheritance? If so, what kind of recipients will be in the order of inheritance?
According to the legislation of the Russian Federation, officially adopted children can inherit from deceased adoptive parents. Moreover, they will be equated with relatives.
It follows that the adopted child is considered the heir to the first stage. So, they will be endowed with the same rights and obligations as the "blood" descendants.
Making an inheritance
We found out who has the right to inherit. Now it is worth paying attention to the process of obtaining the corresponding property. The thing is that this is not the easiest task. She just looks elementary.
To enter the inheritance in Russia, you will have to act like this:
- Wait for the will or inheritance to open. This happens after the death of the testator.
- Agree to the acceptance of property by inheritance.
- Collect a specific help package for further manipulations.
- Contact a notary public at the place of opening of the inheritance with the relevant papers.
- Wait a certain time (we will talk about this in detail below).
- Return to the notary's office and obtain a certificate of inheritance.
- Get ownership of a property.
It would seem that everything is simple. But in practice, it is hereditary issues that cause a lot of trouble.
Time to get property
For example, not everyone knows how much time is allotted to a person to express their desire to receive an inheritance. The corresponding gap is quite small.
The thing is that only 6 months are allotted for a decision on inheritance. The countdown starts from the day the inheritance opens.
If during this time the potential heir does not decide whether he is ready to receive the inheritance or not, his right to the property of the deceased person is canceled.
Refusal to receive property due
Inheritance is not only material wealth. Many are interested in, along with real estate and other property of the deceased, are the debts of the deceased inherited? Nobody can "hang a debt" on a potential heir. This is not provided for by the current legislation of the Russian Federation.
The heir has the right to refuse the inheritance or simply not accept it. As practice shows, a refusal can be executed both in favor of one of the other heirs and in favor of the state.
To refuse inheritance, a person will have to contact a notary at the place of opening of the inheritance, and then draw up a refusal of the established form. Or you can just wait six months from the death of the testator. As soon as this period passes, a person will lose his inheritance rights.
Several types of inheritance at the same time
Sometimes it turns out that one person is the heir by law and by will at the same time. What to do in this case?
Who has the "ownership" of the inheritance, we found out. What to do if a citizen is a recipient of property both by law and by will?
The legislation of the Russian Federation puts a citizen before a choice. He must decide which inheritance to use. The refusal of an inheritance by law or by will shall be executed at the notary public. This is a fairly simple operation.
At the same time, it is worth remembering that it is partially impossible to refuse an inheritance. Suppose a person is legally assigned a testator’s house and apartment, and according to his will, a dacha and an apartment. The recipient selects the first option. Then such a course of events is possible:
- The inheritance rights in a will to a country house and apartment are lost.
- It is impossible to refuse a house or apartment, transferred by law.
That is, it is necessary to inherit both the house and the apartment without fail. If there are no conflicts with relatives and other heirs, there should not be any difficulties in entering into the inheritance. It is enough to follow the previously indicated instructions.
Restoration of inheritance rights
Who has the right to inheritance? Earlier, the circle of persons acting as heirs by law and testament was indicated. Moreover, it was noted that a person may be deprived of inheritance rights.
It is hard to believe, but under certain circumstances, authority can be restored through the courts. A potential heir may regain inheritance rights if he misses the statutory period for making a decision on the inheritance if:
- He did not know about the existence of his inheritance rights.
- For a long time a citizen lived far away (for example, in another country) from the testator.
- The rights of the potential heir were violated by other recipients of the property.
- Within six months from the death of the testator, the potential heir was treated or underwent rehabilitation.
- In the time period established by law to express a desire to enter into an inheritance, force majeure circumstances (for example, natural disaster) were placed.
The restoration of the term of inheritance in Russia is not too common, but such a possibility is provided for by the legislation of the country. The main thing is to prove your innocence in court and to document it.
If the inheritance has already been divided between other recipients of the property of the deceased, the court redistributed the property taking into account the new heir.
Unworthy heirs
The rights to inheritance after the death of the testator do not always arise with the persons indicated earlier. Some people may be officially recognized as unworthy heirs. Under such circumstances, a person will not be able to get a share of the property, both by law and by will.
Unworthy heirs are:
- Persons who have committed a crime against the testator or his close people.
- Citizens who use threats, blackmail, intimidation and other means of manipulation to force the testator to issue a will to them.
- Those who maliciously evaded their duties without reason.
It is worth remembering that parents who have been deprived of parental rights cannot inherit, claiming the property of their children. However, the descendants still have the right to inherit after the death of their former legal parents.
Documents for inheritance
A few words about how to properly execute the inheritance in a particular case. Instructions for the implementation of the task were previously studied by us. What documents come in handy when entering the inheritance? They play an important role in positively resolving the issue, therefore, their preparation should be taken seriously.
Typically, heirs need to provide:
- Passport and death certificate of the testator.
- Your ID.
- Consent application for acceptance of inheritance.
- Certificates of ownership of inherited property.
- An extract from the last place of residence of the deceased.
- Documents confirming kinship with the testator.
- Testament (if any).
- Refusals of other heirs to receive property from the deceased.
- Statements confirming being dependent and incapacity of the applicant.
That's not all. In some cases, the following help may come in handy:
- Deprivation of parental documents.
- Judgment of the restoration of the term of entry into the inheritance.
- Court ruling on the redistribution of inherited property.
- Evidence and court decisions recognizing the heir as an unworthy recipient of material wealth.
If these documents are available, a notary certificate of inheritance will be issued. All certificates will have to be brought along with their copies, which are not required to be certified.
On the issue of a notarial certificate
Obtaining consent to accepting an inheritance is not so difficult. Many people have a question as to when a person is issued a certificate of inheritance, certified by a notary.
Typically, such an act is carried out after six months from the moment of opening the inheritance or will. A citizen must appear in a notary's office with papers prepared in advance, show a passport and receive certificates of inheritance on hand. They will be useful in the future, for example, at the time of re-registration of real estate.
Civil marriage
Increasingly, couples live in officially unregistered relationships. Such cohabitation is commonly called civil marriage. This is the least legally protected form of relationship.
What is the wife (civilian) entitled to? Inheritance by law is not allowed to her, but with cohabitation, the spouse can issue a will to her lady of the heart. This is the only way to transfer property to a civil wife (or husband) during cohabitation.
In other cases, civil marriage does not give any inheritance rights. Nevertheless, children born in such an alliance (when establishing paternity) can act as heirs of the first stage.
Conclusion
We found out who has the rights to inheritance after the death of the owner of the property, and considered how to arrange the inheritance.
Ideally, it is better to distribute property during the life of the testator through a will. This document, if properly executed by a notary, will help smooth out conflicts among heirs in the future.
Inheritance by law in Russia is the most troublesome. Often, relatives meet in court and the only way they distribute the property of the deceased to each other.
We hope that now it’s clear to you how to behave in a given situation. Making an inheritance with the right approach to this procedure is not too difficult.