How to obtain a certificate of the right to inherit, if you are not in a will

A certificate of the right to inherit is a document without which it is impossible to inherit the property of a deceased person.

The estate is considered movable and immovable property, which belonged to the testator, as well as the property obligations and rights of the deceased. As for duties, debts are often inherited. Payments on debt obligations the heirs are divided equally.

You can get the inheritance by will and by law. A certificate of the right to inherit by law can be issued when the will is absent or it is disputed in court by one of the heirs. The most common reasons for challenging a will are the incapacity of the testator and the writing of a will under duress.

Trying to formalize the inheritance, many citizens are trying to prove the inadequacy (incapacity) of the elderly person. At first glance, this is quite difficult. After all, when drafting a will, usually there is a notary who can not seal the document with his seal at the slightest suspicion that the person before death was under the influence of drugs that could change his mental state or neutralize the will. Knowing this, many people try to get a certificate of the right to inherit through the court. The court can recognize the testator inadequate if it receives appropriate certificates and documents from medical institutions. Sometimes there is enough diagnosis, the evidence of the attending physician and the availability of appropriate prescriptions written to the elderly person. Some heirs supplement their claim with the testimony of neighbors, which testify to the inadequate actions of the testator shortly before his death.

Prove that the elderly person wrote a will under duress, it is possible, if the facts of psychological and physical impact are documented. Sometimes there are enough police protocols. Usually such documents include evidence of neighbors that law enforcement officers were summoned for the scandals, in which the testator and the heir indicated in the will were figuring.

Some citizens, knowing that the will is made up, and their names and surnames in this document do not appear, try to register and place under the pretext of their underage children in the testator's apartment. Then a certificate of the right to inheritance can be obtained not by testament, but by law. Defending the rights of minors, the court will oblige them to provide at least half of the mandatory share of housing.

The court may recognize the citizens indicated in the will unworthy of the inheritance, if it is proved that they deliberately shied away from the testator and did not provide him with proper care during life.

If you are not indicated in the will, but are the closest relative of the deceased (the heir of the first stage), in order to issue a certificate of the right to inheritance, one must turn to the notary public at the place of residence of the deceased. If there is a certificate of death, the notary will consider the possibility of obtaining your inheritance by law, and then accept the application. From this moment and for six months it will be necessary to pay the state fee and collect all the necessary certificates and documents for filing a statement of claim in court. A lawyer or notary will tell you how to leave such a statement.