Statement on the establishment of the fact of acceptance of the inheritance. The lawyer by right of succession

Registration of the inheritance through the court or without it - today we will consider the first variant of the possible development of events. The application for establishing the fact of acceptance of the inheritance may be resolved either by a notary or by a court, proceeding from the circumstances. Judges are also considering suits on this matter. Below are considered all the nuances.

Where to go

An approximate knowledge of how to act does not solve problems. People who are not connoisseurs of legislation, still lost, not knowing how to solve the difficulties with the inheritance.

Despite the half-year deadline, the first instance is a notary. He will explain what the order, terms of acceptance of the inheritance.

It does not matter if someone made out an inheritance or not. If the hereditary case is already instituted, it is necessary to apply to the notary who opened it.

He will accept the application, consult the client. The availability of documentary evidence may allow the notary to formalize the inheritance, if they are not enough, a refusal is issued in the form of a resolution. The main reason is that a notary does not accept oral evidence, only a court can do this.

The main principle is the actual acceptance of property without referring to a notary. Notaries, as a rule, give also good consultations, but for court it will be necessary the lawyer by right of succession.

Heirs face two main problems:

• Deadline pass;
• Actual adoption without formal procedures.

The first case - the heir did not know that he had an inheritance, or he knew, but for a number of reasons he did not take the necessary steps to formalize it.

The second - the heir has shown that he accepts the inheritance, but has not taken formal actions. Consultation with a specialist will help to understand the person in which situation it was he.

In which court to send papers

Only the district court should apply. World judges no claims related to the inheritance, in particular, a statement on the establishment of the fact of acceptance of the inheritance, can not be considered.

In what institution to apply - depends on the place of residence of a person. If the matter concerns real estate, then the dependence is determined by the location of the object.

What will happen if the papers are sent to the wrong court? The judge will either return the application for establishing the fact of accepting the inheritance to the applicant, or he will forward the materials to another court by letter. Direction or return is issued by the court ruling. In the first case, it remains to wait for the agenda, in the second case, to repeat the procedure for handing over to the office. You can send all by mail. It is desirable to send a letter with a notification, then it will not be lost accurately.

Who will help draw up the documents in court

For help, it is better to refer to a person who understands the described category of cases. The lawyer by right of succession is best suited. The problem is that the fact is often associated with the recognition of property rights. If the matter is simple, and the statement is a mere formality, you can use the ready-made form. However, the sample of the statement on the establishment of the fact of acceptance of the inheritance, taken in court or the Internet, is not always suitable.

People prefer to choose an intermediate option: the lawyer is making a claim, the applicant then goes to court. Previously, they explain to him how and where to go, how to behave and what to say.

This approach helps to save on legal aid, and at the same time protect yourself from fatal errors that will make it impossible to obtain a positive result.

The choice between the application and the claim

Lawyers in practice use their sample of the statement on the establishment of the fact of acceptance of the inheritance, they correct it, proceeding from a concrete situation. Experts always do this to simplify the work.

In fact, there are differences between the claim and the statement of fact. The claim is filed in the presence of a dispute. The dispute arises from the refusal of other heirs to share property with someone else.

The restoration of the term for the acceptance of the inheritance rises in the lawsuit in dispute with others. Can be raised like this, and other issues.

The absence of a dispute allows you to write just a statement of fact. It is slightly different from the claim, some differences are provided in the process of doing business.

In the case of a claim, the applicant is a plaintiff, when writing the application, it is indicated by the applicant. The second party - or the defendant (in the presence of a dispute), or the interested party (in its absence).

The interested party is most often the local authority on property issues. This may be the municipal administration.

If the question is not understood, the lawyer will explain the difference between the simple and the statement of claim about the establishment of the fact of acceptance of the inheritance.

What is written in the statement

It is made in this form:

• The name of the court;
• FULL NAME. The applicant, his address;
• Name of the body concerned, its address;
• A description of the circumstances, the case, the reasons for which a court decision is needed, references to law, evidence;
• Request specific documents, call specific people as witnesses;
• Request to satisfy the application, more often - to acknowledge the fact of acceptance of the inheritance (description according to cadastral passport, other documents) Applicant.

What documents are attached

The list of attached documents is formed on the basis of specific circumstances.

The number of copies depends on the number of participants in the case, plus one set is made for the court. Kits are sent to the participants by the court.

These include:

• Copies of statements;
• Copies of the notary's order;
• Copies of documents confirming the existence of the property;
• Receipt of payment of state duty;
• Other papers relevant to the situation.

The time that has passed since their issuance is not a determining factor.

Court hearing in court

The papers accepted in the office are sent to the judge. In the courts there is a specialization. The assistant judge checks the claim, the number of copies, the availability of the receipt. Incorrect design leads to the fact that the application is suspended. The claimant or the applicant is sent a letter describing the shortcomings and shortcomings and indicating the time for their correction.

After elimination of deficiencies or in their absence, the judge opens the case and sends a summons.

The meeting is held in accordance with the procedure prescribed in the CCP:

• The judge reads the number of the case, its essence, presents itself, the secretary;
• Clarifies the rights, in particular, to call witnesses;
• The applicant is given the floor;
• Witnesses are summoned, they get a receipt about responsibility for refusing to give evidence, or for false testimony, they tell everything they know;
• The judge asks clarifying questions, if necessary;
• Verifies copies of documents with originals brought by the applicant, asks questions that he considers necessary;
• The court leaves for the advisory room to make a decision;
• The participants are invited to the hall, the decision on the case is announced.

The restoration of the period for the acceptance of the inheritance is considered in a similar procedure, but other persons, with their evidence and arguments, take part besides the applicant.

The described procedure is not as complicated as a person unfamiliar with the courts may seem to be, it is broken down into a number of stages, having fulfilled which and having prepared, it will be possible to obtain a positive result.