Even people who are not versed in modern laws, probably have repeatedly heard the expression "heirs of the first stage", "heirs of the second stage." Who belongs to them?
Legislation allows the testator to leave his property to any person. And not only to a person, but to legal entities and even foreign states - it is enough to write a will in favor of this person or organization. And then all the property, according to the will and testament of the testator, will go to the specified address, even if there are a dozen close relatives.
But when there is no will, after the death of the testator, the heirs of the first stage will receive the property. These include people closest in kindred - children, parents, spouses.
Children. Officially recognized or officially adopted. If the testator was deprived of parental rights or his child was officially adopted by another person, the child does not have the right to inherit property. If the adopted person by the court preserves relations with blood relatives, including the parent, he has the right to inherit in the manner prescribed by law.
Children conceived, but not yet born at the time of the death of the testator, can also claim their part of the inheritance. In this case, the remaining applicants are required to wait until the heir is born and only then divide the property. In this case, the future mother should contact a notary public.
The grandchildren of the testator, if their parents died. In fact, in this case the property is inherited by the testator’s child, but in the event of his death, the inheritance is transferred to the grandchildren under the right of succession. Moreover, if there are several grandchildren, the share of the inheritance assigned to their parent is shared between them.
The parents of the testator, if they were alive at the time of entering the inheritance. Mother is allocated a share on a mandatory basis, and to his father only if he was officially recognized as such or was legally married to his mother.
Spouse or spouse with whom the testator was legally married at the time of death. Former spouses do not have rights.
All heirs of the first stage under the law have equal rights when entering the inheritance - children, parents and spouses receive property in equal parts. Grandchildren receive a share due to their parent by law, and already this share is divided into equal parts among themselves.
The heirs of the second stage are relatives of the heirs of the first stage. These are grandparents, brothers and sisters. They enter into inheritance rights when the first-order heirs are absent, or they were deemed unworthy of the inheritance, abandoned, or did not enter into inheritance rights.
Testament order of succession
From the day a person dies, the opening period of the inheritance opens. The opening day is considered the date indicated in the death certificate, or the estimated date if the death of the testator was established in court. If a person was mistakenly declared dead, he can claim back his property received by the heirs with the exception of securities and money.
From the day of opening the inheritance , potential heirs have six months to claim their inheritance rights. This period may be extended in court, if the heir did not know anything about the death of the testator, or could not apply for the inheritance for good reason.
If the deceased did not leave a will, the law is inherited, in the first place, of course, the heirs of the first category claim. Do not forget that property, along with relatives of the next turn, may be claimed by disabled dependents who are in the care of the deceased and included in at least one of the 7 lines of relationship. If he is not a relative, he can also claim a share, subject to annual residence with the testator.