The inheritance section is a sore subject for many families. There are no problems with inheritance of property if there is only one heir. But when there are several of them, one often has to argue, prove one's case and go to court to protect one’s own rights and interests. Often, human relations in the division of property by inheritance are lost. Therefore, you have to rely only on the law. What is necessary to remember about the inheritance and its transfer?
Inheritance methods
For example, property from the testator can be transferred in several ways. Namely:
In the first case, the former owner of the property does not leave any testamentary documents. In the second, a paper is drawn up which states to whom and what is due after the death of the testator. This alignment raises the least questions.
Also, all disputes on the issue under study can be resolved:
- peacefully, by agreement;
- judicially.
In practice, the second scenario prevails. Often, the heirs cannot agree among themselves and go to court to clarify the situation with obtaining property. This is normal practice in Russia.
On probate inheritance
The inheritance division of property has many features, without which understanding it will not be possible to avoid problems. Let's start with the transfer of property by will.
If there is only one heir, then all the testator’s property, as a rule, is transferred to the person indicated in the testament paper. But if there are several applicants, some problems arise.
When the will does not indicate to whom and to what extent the property should be transferred, the property passes into common ownership and is divided equally between all the heirs. That is why citizens are advised to clearly indicate to whom, what and to what extent will belong after the death of the testator.
Legal inheritance
But sometimes people just do not have time to leave a will. The procedure for the division of inheritance in this case will be carried out by law. That is, in order of priority.
The legislation of the Russian Federation divides all the relatives of the testator into steps. The larger it is, the farther away from the inheritance is the kin of a person.
So, first of all, property will be transferred to spouses, parents and children. Next come the grandparents, grandchildren. And so on. The closer the relationship between citizens, the closer they are to the inheritance.
It is important to understand that the division of inheritance by law is carried out in equal shares. As long as there are heirs of the 1st stage, applicants for property of the 2nd stage cannot receive the inheritance. They are not supposed to.
When is property transferred to 2 level heirs? This is possible if:
- there are no applicants for property of the 1st stage;
- someone refused to accept the inheritance.
In a similar way, property will be obtained by law by heirs of other priorities. All this must be taken into account when solving the issue under study.
Priority Rights
The inheritance section is a very controversial topic. One has to take into account the huge number of features of modern legislation. Especially if the will does not spell out to whom and what property should be transferred.
In Russia there is such a thing as a preemptive right of inheritance. It applies when there is no way to actually divide the property between the heirs. The property will be transferred to those who have the preemptive right to inheritance.
If the heirs had common ownership, then after the death of the testator, the former will have a preemptive right to inherit. In addition, first of all, citizens who have lived / used the object of inheritance on a permanent / regular basis claim for indivisible property.
Suppose a house is handed over to citizens that cannot be divided. In this case, those who lived there are primarily entitled to the property.
We act by agreement
Now a little about how it is possible to produce a division of the inheritance. We have already found out that among the available ways to solve the problem there is an agreement and judicial debate. Let's start with a peace agreement.
The current legislation of the Russian Federation allows sharing an indivisible inheritance by agreement of the heirs. In this case, the contract is concluded with a notary. It provides for the allocation of shares to one degree or another to the heirs of the deceased. Such a document can be executed only after a citizen with preemptive right was issued a certificate of ownership of the property.
If we are talking about movable property, then an agreement is permissible to conclude before registration of property rights. It is important to understand that the contract does not have an exact template. It is necessary to write it in writing and write down all the features and nuances of inheritance in the text.
Courts
The division of the inheritance by the court is the most common scenario in the presence of disputes between the heirs. Inheritance will occur according to the principles established by the judiciary.
It is possible that the court will force one of the heirs to transfer monetary compensation to the inheritance account or indicate the need to sell the inheritance in order to share the proceeds between potential recipients of the property in proportion to the assigned shares in the property.
In this case, the judicial authorities will take into account not only the submitted documents, but also the current legislation with succession lines. Therefore, it is impossible to say exactly how the division of the inheritance between the heirs will be made in this situation.
About inheritance
We studied the features of hereditary issues. It is worth noting that the right of inheritance in Russia has certain periods. If you miss them, then claim the property does not work.
None of the pre-emptive rights in the inheritance section, if the statute of limitations for obtaining property is missed, will help. The thing is that after the death of the testator, citizens have 6 months. During this time, a person must decide whether he will act as an heir or not. It doesn’t matter by law or testament.
Consent or refusal of an inheritance is drawn up by a notary public. As already mentioned, if the heir of the 1st stage waives his right, then the inheritance will be divided between the other applicants for the property. For example, there are 2 queues between recipients.
Documents for inheritance
Now it’s clear how the disputes under study are resolved. In Russia, hereditary claims are found more and more. Therefore, it is necessary to remember all the features offered to attention.
Want to get an inheritance? The division of an apartment or other property is based on the principles listed above. To accept the inheritance, you will have to bring to the notary:
- testament (if any);
- documents capable of confirming kinship with the testator (birth, marriage, and so on);
- death certificate of a citizen (declaring him dead);
- certificates from the place of residence of the testator;
- passport or other identity card of the heir;
- a document stating a decision regarding inheritance of property.
That's all. The notary will study the proposed materials and issue a certificate of acceptance of the inheritance to one degree or another. If disputes arise during the division of the inheritance, you can appeal the decisions taken in court. But it’s better to do it in advance and peacefully.
Summary
From now on, it is clear how the division of property by inheritance is made. By law or by will - this is not so important. The main thing is that all the features of inheritance in one case or another were revealed by us.
In fact, it is not so simple to solve the problem under study. Therefore, experts advise all testators to resolve property disputes between potential heirs in advance. For example, to draw up a detailed testament or to divide the inheritance during life by issuing gifts. Otherwise, litigation between relatives, sometimes the closest, cannot be ruled out.