Everything related to inheritance causes a lot of controversy and questions on the part of the population. Today, article 1110 of the Civil Code of the Russian Federation, as well as the nuances of inheritance, will be presented to your attention. What should every modern citizen know? What difficulties do people face when completing an inheritance? Having understood all this, you can reduce the likelihood of judicial debate after the death of the testator. Unfortunately, even full knowledge of inheritance rights does not give any guarantees that there will be no problems in the future.
The content of the article
What is indicated in article 1110 of the Civil Code of the Russian Federation? It contains some information about the inheritance and its transfer to citizens.
First, it states that the property of the deceased is transferred as a universal succession. This means that the property is reissued in full, as a whole.
Secondly, article 1110 of the Civil Code of the Russian Federation states with comment that the foundations for regulating inheritance are laid down in the Civil Code. Only in certain cases is it regulated by special acts of a legal type.
Usually, all this information is understandable to citizens. Therefore, we further consider the comments on the article of the Civil Code of the Russian Federation and the main points of inheritance in Russia.
Universal Succession
It was previously noted that property is inherited as a universal succession. The comments on the article under study provide an explanation of this term.
In short, the universal succession is the transfer of property by inheritance in full, as a whole. Re-registration of property rights is carried out simultaneously.
What characterizes the mentioned term? Here are the features and fundamentals of universal succession:
- According to article 1110 of the Civil Code, property is inherited by the heirs on the day the will is opened. In his absence, the day of opening of the inheritance is the time of the death of the testator. Citizens may agree to accept property in the form of inheritance at different times, but it is believed that property rights for all arise simultaneously.
- Inheritance is transmitted as a whole. It is impossible, for example, to accept only an apartment, and to refuse to give. Refusal of certain things and rights is not provided for by law.
- Property under Article 1110 of the Civil Code of the Russian Federation is transferred to the heir unchanged - in the state in which it was located at the opening of the inheritance.
As a rule, issues related to inheritance give the population a lot of trouble. Especially when several people claim property.
Basic concepts
Inherited property is all that a citizen had during his lifetime. As an inheritance are securities, real estate, movable property and even some of the rights and obligations of the deceased. For example, his debts.
Heirs - this is the circle of persons to whom the property (including part of it) of the deceased person is laid. Usually it is limited to relatives, but recipients are increasingly third parties.
An inheritor is a deceased or deceased person who has property and obligations. After the death of the owner of things, the heirs have the right to receive an inheritance.
Who can be the heir?
And who has the right to inherit after the death of a person? The circle of heirs is determined by the legislation of the Russian Federation. As already mentioned, most often they are the relatives of the deceased. In some cases, property may be issued by third parties or organizations.
In general, the circle of heirs is determined by the method of obtaining the inheritance. There is a registration of ownership:
- according to law;
- by will.
In the first case, the heirs are relatives of the deceased citizen. The property between them is distributed in order of priority. The closer the relationship, the higher the chances of getting a share of the testatorās belongings.
In the second case, the heirs are the persons indicated in the will. They can be both close people and organizations / outsiders.
Deciphering inheritance
Some are interested in the concept of inheritance. What is this all about? And how to enter into the inheritance?
The thing is that it is not difficult to reveal the concept under study. The concept of inheritance is presented in the Civil Code of the Russian Federation as a way of transferring property of a person after his death. The legal regulation of this operation is carried out by the Civil Code of the Russian Federation.
Inheritance rights arise exclusively after the death of a potential testator. Up to this point, a person fully owns, uses and disposes of his property. He can draw up a will to resolve future inheritance conflicts, as well as change it as many times as necessary.
Testament paper form
The form of the will plays an important role in the matter under study. The thing is that in Russia there are several ways to enter into the inheritance - by law and by will.
In the first case, it is enough to prove kinship with the deceased. No additional certificates are required to be prepared, and the testator during life is freed from paperwork.
If you plan to transfer the property by testament, you need to prepare for this in advance. How?
The form of presentation of the will is exclusively written. The potential testator draws up paper of the established form during his life. It indicates all the property a person has and the circle of heirs. A testament document is opened after the death of a citizen or on the day of recognition of the deceased.
The oral form of the will does not take place. The fact is that such a method of expression of will is not endowed with legal force. And so there is no point in hoping for such a "design" of the will.
Several ways of inheritance in humans
Article 1110 of the Civil Code of the Russian Federation is not specified, but citizens can act as heirs in several ways at once. That is, a person is able to receive property by law and by will.
Unfortunately, you have to decide on the method of taking property from the testator. This is a legal requirement. One of the ways to accept the inheritance will have to be abandoned in writing.
How to register the property?
Inheritance property must be properly registered. It is not as difficult as it seems. Especially if citizens do not have hereditary disputes.
In Art. 1110 of the Civil Code of the Russian Federation does not specify the procedure for registration of inheritance. It is proposed to act as follows:
- Wait for the death of the testator.
- Write consent to accept the inheritance.
- Submit an agreement to a notary public at the place of opening of the inheritance, having previously formed a package of certificates for the implementation of the task.
- Wait until the expiration of the inheritance.
- Contact the notary office to obtain a certificate of receipt of property by inheritance.
- Conduct state registration of rights.
Now you can pay property taxes and enjoy the property received.
Deadlines
The inheritance of property of the deceased is carried out for some time. This is a very long process, it should be prepared in advance.
From the moment of opening the inheritance, the man-heir is given six months. During this time, the citizen either refuses the proposed property, or accepts it.
A repeated visit to a notary is carried out after six months from the moment of the opening of the testament or the death of the testator. Prior to this, the task will not work.
If you do not give an answer
What if the person does not want to refuse or accept the inheritance? In Art. 1110 of the Civil Code of the Russian Federation stipulates that the heir may either obtain property or not take it. No one should interfere with these decisions. They are accepted only voluntarily.
If you miss the established term for entering into the inheritance, the person will be excluded from the circle of heirs. The law will consider that a person refused the material goods and duties offered to him.
The restoration of the period of entry into the inheritance is carried out only by court and in the presence of good reason. Say, living in another country and ignorance of the emergence of inheritance rights in humans.
Documents for inheritance: main package
The inheritance after the death of the mother without a will will be shared between the heirs of the first stage. Namely - the spouse and children of the deceased. This is quite normal. Only if the child heirs are minors, the property will be managed by the second legal representative of the children. In our case, the spouse of the deceased.
What documents are needed for registration of the inheritance? The list of mandatory certificates includes such components:
- applicant's identity card;
- copy of the testatorās passport;
- death certificate or death certificate;
- USRN statements;
- consent to the acceptance of property;
- certificates from the place of residence of the testator.
That is far from all. According to the Civil Code of the Russian Federation, inheritance is a way of re-registering the rights to the property of a deceased person. And this operation is accompanied by huge paperwork.
Other statements
What other papers will be useful for the implementation of the task? It all depends on the circumstances.
In general, during a visit to a notary public, heirs are advised to have:
- testament (if any);
- statements capable of confirming kinship with the deceased;
- constituent documents of the legal successor;
- refusals of the remaining heirs from their ownership shares in the inheritance.
As practice shows, applicants may find it useful:
- birth certificates;
- certificates of divorce;
- extracts about the wedding.
In reality, everything is simpler than it seems. Article 1110 of the Civil Code of the Russian Federation indicates the key moments of inheritance, but they are not enough to fully carry out the operation without difficulty.
Important: in some cases, when registering an inheritance, a citizen will need certificates of being dependent.
If there are disagreements
Increasingly, hereditary conflicts are encountered in Russia. Article 1110 of the Civil Code of the Russian Federation is not specified, but everyone should know that it is possible to appeal the inheritance (even by will) in court.
The debate usually begins six months after the death of the testator. Citizens go to court, after which the judge examines the documents attached to the lawsuit. On their basis, a decision is made in one direction or another.
Almost any will in Russia, with proper preparation, can be appealed, especially if the testator has not secured the testament.
The court will have to use the previously listed extracts, as well as any materials proving the position of the plaintiffs and defendants.
Important: so that the testament could not be appealed without special difficulties, it is possible to make a medical certificate on the testatorās health when making a testament. This will help protect the heirs and property.
Conclusion
Inheritance of the property of the deceased is a difficult process, which causes a lot of controversy and problems. If you do not know the basics of Russian legislation, you can face a lot of trouble. For example, with refusals to register an inheritance.
In Art. 1110 of the Civil Code of the Russian Federation states that citizens should take all property that was inherited by them. You canāt refuse, say, the testatorās debts, but at the same time take away your inherited apartment or part of it. There are material benefits - there is responsibility and obligation.
If you assimilate the information brought to your attention, you can easily issue an inheritance in a particular case. As practice shows, the presence of a will and a certificate of the health of the testator is the easiest option for the development of events. But inheritance under the law often causes problems.
According to the law, the dependents of the deceased have an obligatory share in the inheritance. This will have to be taken into account when drawing up a will. Otherwise, the document will be easily invalidated.
In the Civil Code of the Russian Federation, inheritance is characterized by free re-registration of property rights to the property of the deceased. Acceptance thereof with reservations is not allowed.