Today we have to figure out how to enter into the inheritance after 6 months and not only. This question worries many potential heirs. It's no secret that hereditary affairs take a lot of time. And in certain circumstances, you can lose the right to receive property from the deceased. There are also a number of life cases in which restoration of inheritance rights is allowed. We have to talk about all this further. In fact, receiving property from the testator has many features and nuances. Knowing about them, it will be possible under any circumstances to receive an inheritance as soon as possible.
Emergence of rights
How can I inherit? First you need to wait for the corresponding right. It does not appear immediately.
The relatives have the right to inherit by default. They appear only after the death of the testator. Until this moment, citizens will be considered only potential heirs.
Time for consideration
Acquisition of property by inheritance is a right, not an obligation. Each citizen can both use it and refuse the inheritance. For example, in favor of another potential recipient relative. This is a fairly common occurrence.
How to get an inheritance? Citizens are given six months to decide on this issue. Within this period, it is necessary to obtain at the notary public either consent to receive property, or refusal. After this period, in most cases, a citizen is considered to have refused the inheritance. And he will be able to return his rights only in exceptional cases.
The half-year countdown begins either from the moment the testament document is opened, or with the death of the former owner of the property. No more countdown points.
Inheritance methods
How to inherit a home or any other property? Citizens in the Russian Federation can receive property from the deceased in various ways.
In Russia, the following forms of inheritance are distinguished:
In the first case, only relatives of the deceased are the applicants. The inheritance is transferred in order of priority. The closer the blood relationship, the greater the chances of obtaining property. In the Russian legislation there are 8 priority levels. And the first of them includes spouses, children and parents. These are heirs of the first stage, who by law receive the property first.
When inheriting by will, the heirs may be any persons and organizations indicated in the corresponding document. The degree of kinship does not play a role here. In fact, a will indicates the will of the deceased.
Before the deadline
How to inherit? To begin, consider the procedure before the deadline. After all, after it, receiving property from a deceased relative is not much different.
As soon as the testator dies, his heirs must act like this:
- Find out about the availability of a testament. If he is, then you can pack up and go to open a will.
- Go to the notary public. Write his consent to accept the inheritance. This must be done within the previously mentioned time frame. And not later.
- Prepare a list of documents. About it will be said later.
- Get a certificate of acceptance of property from the testator. The corresponding document is issued by a notary after consent to the inheritance. It is executed upon the expiration of the time allotted by law to refuse or to accept property by inheritance.
- To issue property rights in Rosreestr according to the general rules.
In fact, everything is simpler than it seems. A similar algorithm of actions will be in case of missing the established deadlines for inheritance.
After missing the deadline
How to inherit after 6 months after the death of the "old" owner of the property? To do this is quite problematic. Especially if there is no good reason for missing the deadline.
In general, the following scenarios are allowed:
- judicial debate;
- peace agreement with other heirs.
In the first case, a citizen restores his inheritance rights in court. This is the most common scenario. In the end, a person is given a court decision. Based on it, it will be possible to draw up an inheritance from a notary.
In the second case, it is enough to agree with the heirs who received the property on the redistribution of property of the deceased relative. In this situation, everyone will have to go to a notary public together. But in real life, reaching a consensus in inheritance matters is extremely rare in peace. Therefore, most often it is judicial debate that prevails in practice.
Reasons for Skipping
How to inherit after 6 months? It will be necessary to prove in court the presence of good reasons for missing. Otherwise, to claim the inheritance after six months will not work under any circumstances.
Good reasons most often include:
- the period of the plaintiff’s stay abroad;
- the presence of a serious illness that impedes the entry into the inheritance on time;
- hospital stay
- lack of knowledge of inheritance rights.
These are the most common options. But other life circumstances can sometimes be considered respectful. Of course, all this must be proved and documented.
Actual entry
How to inherit after 6 months? In the legislation of the Russian Federation there is such a thing as the actual entry into inheritance rights. This is a life situation in which a citizen did not go to a notary public, but at the same time he began to demonstrate in life the use of his property.
For example:
- the heir and the testator kept the household together, and after the death of the second, the first continued to keep the property;
- property protection was carried out;
- the citizen repaired or restored the inheritance after the death of the testator.
In this case, it is necessary to apply to the court not for the restoration of missed deadlines, but for the recognition of the actual entry into the inheritance. Evidence of this act must be attached to the statement of claim.
Documents for inheritance
How to inherit after 6 months? As soon as a citizen receives an appropriate court decision, he can turn to a notary public. The algorithm of actions will be exactly the same as with the usual entry into the inheritance. Just do not need to write consent to the acceptance of property and wait another six months.
Documents for the implementation of the task will need the following:
- testament (if any);
- identity card of the heir;
- death certificate of the testator;
- documents for the required property (if any);
- certificate of marriage or divorce;
- data from the place of residence of the citizen (last);
- cadastral and technical passports for property;
- receipts for payment of duties and notarial services (if necessary);
- birth certificate.
Also, in case of inheritance after 6 months, a court opinion is required. Or passports of other owners and their joint statement on the redistribution of inheritance.
Summary
Now it’s clear how the son to inherit in one case or another. In reality, everything is not as difficult as it seems. Especially if there is a will in which it is clearly stated to whom and what is due after the death of the owner of the property.
In real life, only citizens who can think about how to quickly enter into an inheritance can:
- Do not have conflicts with other heirs;
- are the only applicants for the property of the first stage.
In Russia, often even after inheritance, relatives meet in court to share property as they see fit.
The main thing is to remember that citizens who missed the deadline for contacting a notary without good reason will not be able to return inheritance rights.