Inheritance after death

The inheritance after the death of a relative is accompanied by a number of formal procedures. The entry into the rights can be hampered by claims made by third parties, the lack of some of the mandatory documents or elementary ignorance of the basic laws governing this area of relationships between people.

Inheritance of property means the transfer of rights to him to other persons who have legitimate reasons for this. Who has more rights to inherit after the death of her husband? His wife, children or parents? To whom do you inherit after the death of your father? The knowledge of laws helps to answer these questions.

There are two modes of inheritance: by will and by law. The latter regime is effective if it has not been altered by a testament prepared in advance.

According to the Civil Code of the Russian Federation, strict time limits are established, during which all applicants can exercise their right to receive an inheritance, must file a notarized statement or perform actions specified in the law, regarded as actual inheritance. The term is 6 months from the date of registration of death.

Entry into the inheritance after death by law is carried out in the following order. In the first place, children, spouses and parents of the testator are entitled to inheritance. Only then do grandchildren and their descendants, who receive the right to inherit by the principle of representation.

Entry into the inheritance after death by testament is possible if all conditions for its legal registration are observed. The will must be made in writing personally by the person making out his will. In this case, the person making up the will must be fully legally capable. The existing testament must be certified by a notary or by persons having a legal right to do so (head physicians of hospitals, captains of ships, chiefs of expeditions or places of deprivation of liberty).

Entry into the inheritance after death: the rules of registration

You can enter into the rights in two ways: by submitting an application to a notary and accepting the inheritance in fact.

When submitting an application, this should be done at the place of residence of the testator. You can do this in person or by means of mail services (subject to a notarized application). A number of general and additional documents are attached to the application. The general documents include the passport of the person entering into the inheritance, the death certificate of the testator, a certificate from the place of residence and a document certifying the relationship are needed.

Additional documents are the following for individual cases:

• When the apartment is inherited - an order or a document on the right of ownership, a document on the absence of payment debts, a copy of the personal account, a document from the BTI with an appraisal of real estate, an apartment plan.
• When inheriting a piece of land - a certificate of ownership of it, a passport of the BTI for ownership of the site, BTI certificate, a tax certificate on the absence of debt, a cadastral plan indicating the cost of the site.
• When inheriting a car - a certificate of ownership of it, an estimate on the day of death.
• At inheritance of securities and treasures - the name of JSC, LLC, an extract from the register of all shareholders, a savings account or a deposit agreement, etc.

On a set of necessary documents, the notary starts a case of inheritance, finds out the circle of all heirs, calculates their shares. Six months later, a certificate of the right to inheritance must be issued. This document should then be transferred to the Federal Registration Service to get a document on state registration of the right to the transferred real estate.

The actual acceptance of the inheritance is considered to be the succession to the management or possession of property, the implementation of expenses for the maintenance of property, the adoption of measures aimed at preserving the property and protection from spoilage; Payment of the testator's debts. In this case, the ownership of the inheritance must be recognized by the court.