Application for inheritance - a paper that is submitted for the official announcement of his desire to acquire an inheritance. It is submitted in a certain order, otherwise its legal significance is lost. Drawing up a document is not something complicated.
Document Value
A statement is just one way of acquiring an inheritance. There are others, but they are more costly and risky. And resorting to them, it is not always possible to get the desired result.
An application for entry into the inheritance shall be transmitted to the notary office at the place of opening of the inheritance. If it has not been submitted before, it is allowed to choose any notary working in the relevant area. After the first appeal to the notary, a hereditary case is opened, and all applications are processed by him alone.
The opening of an inheritance is carried out where the testator died, or where his real estate is located.
Deadlines
The law limits the time for submitting an application for inheritance. The Civil Code gives six months from the date of death or declaration of death. The date of announcement shall be considered the day of acquisition of legal force by a court decision. If the applicant initially does not have any rights due to his relationship to another line of succession, the period for him shall be extended to 6 months, provided that the participants of the line having an advantage refuse the inheritance.
According to the law, heirs have the right to admit to the acceptance of property the heir from his turn, who missed the allotted time. Reasons for missing do not matter.
Who is eligible
The application for inheritance is sent in person or through a representative acting by notarized power of attorney. It makes a mark on the right to take actions to accept an inheritance. A power of attorney issued not by a notary public is not accepted. Children and disabled people also act through representatives.
The exception applies to emancipated minors and those who have married before 18 years of age.
Children who are already 14 years old have the right to write an application with the consent of the guardian or parent. All issues with the inheritance of children under 14 years of age are fully resolved by their legal representatives. The same rule applies to persons with limited legal capacity.
If there is no opportunity to come
The application to the notary of the entry into the inheritance is allowed to be sent by mail when attesting the authenticity of the author's signature. Confirmation are the mark and seal of a notary. That is, to apply, you need to contact a notary at the place of your stay. Then send the document by mail with a notification letter and an inventory to the notary conducting the inheritance case.
With the exception of a notary public, the document has the right to certify the heads of places of deprivation of liberty, hospitals, military units, and social service organizations.
What documents are attached
Filing an application for entry into the inheritance does not oblige to immediately provide the notary with the entire set of documents constituting the inheritance case.
A personal passport, death certificate, birth certificate or marriage certificate confirming the right to inherit are provided. In the absence of family ties - a previously written will or a court decision (confirmation of the fact of dependency within 5 years until the death of the testator).
At first it’s enough to submit at least an application.
Having proved to the notary the fact of death and his right to receive property, the applicant may then not have to worry at all. The law does not oblige him to draw up documents for some time.
Several heirs
All heirs are required to apply for their share. It is not intended to write one statement on behalf of more than one person. Here the certificate of inheritance can be issued in one copy to several people.
How to write a statement of inheritance
The document is written according to the model:
- name of the settlement;
- FULL NAME. the notary public or the number of the notarial office (if it is state);
- FULL NAME. and the address of the applicant;
- FULL NAME. and the last place of residence of the deceased person and the date of his death;
- grounds for acquiring the inheritance (will or law);
- property owned by the deceased person;
- date of writing.
At the end of the document, the purpose of its submission is indicated: acceptance of the inheritance and registration of property into property.
When notarized, a seal and its signature are put. A sample application for inheritance is also available in our article.
Consequences of missing deadlines
What are the implications? Formally, a notary public will not issue documents for inheritance, but there are several nuances.
- firstly, the applicant may incorrectly calculate the deadlines;
- secondly, going to court to extend the term or recognize the fact of inheritance still makes it necessary to have a notary public.
Despite the missed deadline, the document is accepted, and on its basis a hereditary case is started. If it is opened, the application is still accepted.
In both cases, the notary will issue the applicant a refusal to perform a notarial act. Without refusal, further appeal to the court will not lead to success, because there will be no evidence.
Ways to solve the problem
Potential heirs have two options:
- file a claim for the restoration of the period for acceptance of the inheritance;
- file a claim to establish the fact of acceptance of the inheritance.
Below we consider both options.
Please restore the deadline
The statement of claim on inheritance is filed with the court at the place of residence of the defendants or the location of the property remaining after the deceased.
Features of its submission:
- no later than 6 months after the disappearance of circumstances that prevented contacting a notary (for example, an extract from a hospital in a hospital);
- did not know or could not know about the rights that arose or there were insurmountable circumstances for contacting a notary.
The circumstances on which the plaintiff relies must be of a prolonged nature, and not short-term. For example, a mild catarrhal illness is not taken into account, unlike a long-term life-threatening illness. The patient’s exit from the ward was excluded due to the threat of life to other people.
Claim structure:
- name of court;
- information about the plaintiff (full name, place of residence);
- information about the defendant - who previously accepted the inheritance and executed the documents, in particular, registered their rights (full name, place of residence);
- third parties - a notary public, the Rosreestr administration (subject to registration of ownership of disputed objects);
- statement of circumstances, reasons that did not allow you to contact the notary in time, links to circumstances, evidence, etc .;
- request to extend the period for acceptance of the inheritance;
- list of attached documents;
- receipt of payment of duty;
- signature and filing date.
Copies of the claim and the attached documents are submitted to the court according to the number of participants in the process.
The plaintiffs in applications for inheritance are asked to annul the previously entered into the registry records of ownership and redistribute inheritance shares again.
In court requests, it is advisable to immediately indicate which documents must be sought and which of the citizens should be called as witnesses.
In this case, the court decision serves as the basis for the new registration of rights.
Fact finding
An application in this form is submitted if the heir actually accepted the inheritance, but he does not have sufficient documentary evidence. The court has the opportunity to attract witnesses who could confirm the fact of possession of property.
The application is also filed after contacting the notary office, and the refusal of the notary is attached to it.
Statement structure:
- name of court;
- information about the applicant (full name and place of residence);
- information about the person concerned (notary);
- statement of circumstances;
- purpose of application;
- a request to the court to establish the fact of acceptance of the inheritance;
- a request to call witnesses (full name, place of residence, information that can be reported);
- list of attached documents;
- signature and filing date.
The state duty is paid in the amount of 300 rubles., The original receipt is attached to the documents.
When a court passes a negative decision, it is given the right to apply again with the same statement. Having corrected the errors, it will be possible to achieve the result in your favor.
A copy of the certified judicial act, which has entered into force, is transmitted to the notary.
Applying for a dispute
The model of the statement of claim for inheritance changes somewhat if there is another heir who does not agree with the acceptance of the inheritance by someone else.
A fact shall be established by filing a statement of claim, in which an additional requirement will be a request to recognize the ownership right to a part of the estate. The question of extending the period for acceptance of the inheritance is not raised.
Finally
Writing a statement of entry into the inheritance helps a notary. The document is prepared in accordance with the legislation and recommendations of the notarial chamber.
If it becomes necessary to apply to the court, either a lawsuit or a statement is made to establish the fact of acceptance of the inheritance. The help is already provided by lawyers. A lawsuit is needed to extend the adoption period. A positive court decision is made if the plaintiff did not know about the inheritance and could not find out or he had obstacles that prevented the notary from visiting.