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Entry into the inheritance according to the law: order, terms, documents and state duty

Having inherited, many are wondering how to correctly enter the rights of inheritance? This is a rather long business, as it is necessary to make out a large number of documents. In addition, entering into an inheritance is a rather complicated procedure, here there are some subtleties. This article will tell you how to properly conduct this procedure by law.

Basic information about the inheritance

After the death of a person, his relatives become applicants for his property. Before entering into an inheritance, a huge number of questions arise. First of all, it is necessary to know what methods of transfer of property exist.

By the method of inheritance of the acquired deceased, there are:

  • According to a pre-written testament. In this case, not always the inheritance goes to relatives. The property is transferred to the person who is indicated in the testamentary document as an heir. But there are exceptions, when part of the acquired gets a person who is not indicated in the order of the deceased.
  • Entry into the inheritance by law. It is carried out in the event that the deceased in writing did not express his will about who will get his property.

Entry into the inheritance by law: the time

They begin to count from the day that led to the discovery of the inheritance. This can happen in the case of a person's death, the recognition of a citizen as a result of a death, and also the birth of a legal successor, etc. As a general rule, inheritance by law occurs after 6 months. Sometimes the assignee of the first stage may refuse the property. In this case, the right will pass to the heir of the second stage. At the same time, the transfer of property is reduced and is half as much, that is, 3 calendar months.

If the documents for inheritance are sent by mail, the deadline starts from the date of departure. That is the number that will be indicated on the envelope.

Documents for inheritance

They can be divided into 3 categories:

  • Evidence of death. Usually this is a death certificate, a certificate from the FMS, or an extract from the home book, which will confirm the moment that the citizen lived to that particular place to death.
  • Certifying the right to inherit. These include documents such as the passport of the heir, a document of kinship. Relationship can be confirmed by a birth certificate, adoption or marriage certificate. Sometimes in some documents there may be errors, for example, in the passport the surname is written not through "a", but through "o", then the right to inheritance will have to be established through the court.
  • Additional documents. They are installed depending on the case, since they are different in each case. This can be a certificate of disability, a pension certificate, etc.

Heirs: who is the first?

If we consider the order of entering into the inheritance, then there are several groups of applicants. Some have the primary right to property, others - secondary.

The first are usually the closest relatives of the deceased. This is the spouse, children, parents, grandchildren.

If there are no heirs of the first order, then the property has the right to receive the applicants of the second, third, etc. The law provides such a notion as an "unworthy heir". This person who committed any unlawful acts against the testator, or, for example, parents who did not perform their direct duties. Such candidates also lose their right to receive the property of the deceased.

Stages of inheritance

  • Collect the full package of necessary documents. This must be done before going to the notary, and contact this official with a full package of documents. In this case, the inheritance will pass much faster and will spend a minimum of strength and nerves.
  • After the death of a citizen, it is necessary to find out whether he made a will. You can check this item at any notary's office, they will check whether there is a will on the computer base. After that it will be necessary to apply to that notary, from whom it is kept.
  • After the above points you can contact the notary without forgetting the documents with you.

The order of entering into the inheritance (it is precisely regulated by the legislation):

  • Appeal to the notary office with the application for acceptance of the inheritance.
  • Provision of a full package of documents to a notary.
  • Payment for notary services. It is worth noting that when the inheritance occurs under the law, its value is calculated individually. The state fee is usually 0.3% for priority heirs. For subsequent such a fee is 0.6%. The maximum state fee for entering into the inheritance for the first - up to 100 000 rubles, for the next - up to 1 million, depending on the amount of the inheritance. When paying for it, there are some benefits, for example for the disabled, as well as for those who have lived and are currently living in the housing that is bequeathed.
  • Registration of property rights to inheritance. This stage comes in 6 months after the death of the testator. Usually the ownership of the property passes right after death, but the heirs can dispose of it only after the completion of all documents.

In cases of the transfer of immovable property, for its registration it is necessary to apply to the Rosreestr. After the certificate is issued, it can be considered that the registration of the inheritance is over.

In order to complete the transfer of the car, you need to put it on the record in the traffic police.

Inheritance of part of property

Some successors are interested in how to get only a part of the property. The answer is unambiguous - it is impossible. Legislation does not provide for such an inheritance by law. Usually, if the assignee agrees to accept the property of the deceased, then he accepts all of his volume. This indicates that he accepts the debts of the deceased. If there are several heirs, then the debt obligations are divided equally. The share of the property transferred is also taken into account.

How is the acquired one of the spouses inherited?

In order for the second spouse or children to obtain the property of the deceased from the public property during marriage, the "inherited part" should be singled out in law. That is, a living spouse first of all gets his share from the joint property. After that, he enters into the rights through the inheritance procedure of the relying part of the property of the deceased.

As a rule, the separation of such a part can be carried out without litigation. If there are no questions, the notary on the basis of the submitted documents allocates property for inheritance. If such issues can not be settled in the usual way, they are resolved through the court.

Mandatory inheritance by law

In the transfer of property under the will, there is one important nuance: regardless of what the testator indicated, there is an "obligatory share". It is understood that part of the inheritance, regardless of the will, is due to a person who is included in the following list:

  • Underage children;
  • Disabled children for health reasons;
  • Disabled dependents of the deceased. They can be spouses on disability, as well as disabled relatives living with the deceased.

Their share is half of what was specified in the will. These categories of persons have the full right to inheritance and to deprive them of it it is possible only through the court.

The term of inheritance is missed, what should I do?

If the time for the declaration of his right to the property of the deceased is lost, then the consent of all the heirs is necessary for his restoration. In cases where the legal successor is only one and the period is missed, then, for example, to enter into an inheritance in an apartment under a law that has already been transferred to state ownership, it is necessary to restore its rights through the court.

The stages of restoration of the right to inheritance by law:

  • Obtaining consent of the heirs orally.
  • Written consent of the heirs, certified by a notary.
  • Revision of the shares of each heir.
  • Cancellation of the previous certificate of inheritance.
  • Production of new certificates.
  • New registration in state registers.

Such an algorithm is used quite rarely, since not all heirs agree with a decrease in their shares. Therefore, most of the time is restored through a court.

A lawsuit is being filed. The defendants are heirs. There must be appropriate grounds for filing a claim:

  • Missing the deadline for a good reason. These include a serious illness, the helplessness of the heir.
  • Ignorance of the heir about the inheritance.

The law restores lost time after the removal of obstacles.

Cases of actual acceptance of inheritance

Not always heirs enter into their rights to the property of the deceased through a legally established procedure. Very often people live together, lead one farm, one of the relatives dies, and part of it, which must go to the relatives of the first stage, is not inherited legally. They just continue to use it the same way as during the life of the deceased. In legal language, this is called "actual acceptance of inheritance." To be able to further dispose of this part of the property, it is necessary to legalize their rights in court. Under the court's decision, the right of private ownership is documentarily transferred to legal heirs.

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