How to get an inheritance

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

The life hacker understands what you can apply for and where to apply.

Who can claim the inheritance

You can claim your rights to the property of the deceased in several cases.

You are entitled to a compulsory inheritance share

This is the priority reason for inheritance. Persons of this category participate in the division of property, even if the deceased wanted to dispose of it differently.

Among those who have the right to the Civil Code of the Russian Federation, article 1149. The right to a compulsory share in an inheritance to a compulsory share in an inheritance:

• minors or disabled children of the deceased;
• disabled spouse and parents;
• disabled dependents of the deceased.

Disabled people are recognized as disabled, pensioners, as well as pre-retirees - men over the age of 60 and women over 55.

Persons of this category must receive a share of at least half of that which would be due to them in case of inheritance by law (more on this below). Even if they are mentioned in the will, but their part according to this document is less than the size determined by law, it will be recounted to the required level.

However, the opposite is also possible. The share can be reduced or denied if the property inherited is where another heir permanently resides, or something that he uses to earn money.

If persons from this category receive a share in the inheritance fund (about which below), the obligatory part is not allocated to them.

Your name appears in the will

During his lifetime, a person can write a will of the Civil Code of the Russian Federation, article 1118. General provisions and leave the property to whoever he wishes - and not only what has already been acquired, but also what is planned to be bought. Family ties are not important here, the will of the testator matters. He can choose one or several heirs and divide the property between them in equal or different shares at his discretion.

The will is drawn up in the presence of a notary. It is important that the testator at this moment is considered capable. If there is reason to believe that he was not able to think soberly, then it is easy to challenge his orders in court.

The content of the will is revealed only after the death of the testator.

You have entered into an inheritance contract with the deceased

Unlike a will, it is an open document. It prescribes the conditions that the heir must fulfill in order to receive the property of the deceased. For example, in this way you can transfer an apartment to a person who will carry you a glass of water in old age. If he doesn't, he won't get anything.

The inheritance contract is signed by all parties at the notary. It has priority over a will.

If the testator changes his mind to give his property in exchange for some action, he must compensate the other party for losses associated with the fulfillment of the terms of the contract.

Keep in mind that the owner of the property can freely dispose of it even after the conclusion of the inheritance contract. For example, sell an apartment.

You are the heir by law

If the deceased did not draw up any wills and inheritance contracts, his property will be equally divided by the Civil Code of the Russian Federation, article 1141. General provisions between the heirs of the first order - children, spouse and parents. When there are none, then the second one - brothers, sisters, grandfathers, grandmothers, nephews. If there are none, then the third is by brothers and sisters of grandparents.

Usually three queues are enough, but there are eight of them in the Civil Code of the Civil Code of the Russian Federation (part three).

You are included in the charter of the inheritance fund

The hereditary fund is a new form of institutions for Russia. The owner of the assets can order such an organization to be founded after his death - this cannot be done during his lifetime. The fund will make money on the assets of the deceased and pay profits to those whom the testator has indicated. But heirs cannot extract property from circulation.

How to register an inheritance

In any case, you need to go to the notary at the place of residence of the deceased and apply for the acceptance of the inheritance. With the help of a unified system of notaries, the specialist will check whether the deceased left a will, whether there is an inheritance contract.

As a result, you will find out whether you can apply for the property or not. If there is a will, you will be given the contacts of a notary, with the help of which you enter into your rights. You should be aware of the inheritance contract by default.

Olga Shirokova Lawyer of the European Legal Service.

The application can be submitted in person, sent with another person, or by mail. In the last two cases, the signature of the heir must be certified by a notary.

After the appeal, the notary will open the inheritance case. If someone gets ahead of you, your documents will be added to an already open file. You can check in advance if someone has contacted about your question on the website of the Federal Notary Chamber.

There is another option: to actually accept the inheritance. In this case, the notary must submit an application for the issue of a certificate of the right to inheritance. According to Olga Shirokova, it is believed that the heir has accepted the inheritance if it is possible to confirm that he manages and uses the property received. For example, you can move into the testator's apartment, make repairs there, pay his debts.

If someone shows up with a priority right of inheritance, he can challenge this in court.

How long does it take to accept the inheritance

The inheritance must be accepted by the Civil Code of the Russian Federation, article 1154. The term for accepting the inheritance is within six months from the date of death of the person or the day when he was declared dead. Those who can receive the property of the deceased only if the heirs of the previous queues do not accept it, have three months after six months.

If the heirs of the previous queues waive their rights, the next applicants have 6 months from that day.

The terms of inheritance can be renewed, but this requires good reasons - for example, you were seriously ill or were abroad and did not know about the death of the testator.

What documents are needed

• Death certificate.
• Will with a notary's office mark or inheritance contract, or documents confirming relationship with the deceased.

How much will it cost to receive an inheritance

For a certificate of the right to inheritance, you will have to pay the state duty of the Tax Code of the Russian Federation, article 333.24. The size of the state fee for the performance of notarial acts. For children, spouse, parents, brothers and sisters of the deceased, it will be 0.3% of the value of the property received - but not more than 100 thousand rubles. The rest will have to pay 0.6% - but not more than 1 million rubles.

The value of the property is determined by specialized government agencies or specialized organizations with a license.

The state duty may not be paid:

• Heroes of the Soviet Union and the Russian Federation, full holders of the Order of Glory, participants and invalids of the Second World War.
• Citizens receiving housing in which they lived with the deceased.
• Those who inherit bank deposits, insurance, royalties.
• Heirs of persons who died in the performance of civic duty or became victims of political repression.

What to do if a dispute arises between the heirs

File a statement of claim with a court of law. This can be done within three years from the date of the death of the testator.

What else do you need to know

The heirs acquire not only property, but also the debts of the deceased. They are divided in proportion to the shares received. But this does not apply to all non-payments.

Olga Shirokova Lawyer of the European Legal Service.

Some of them have a strict no-inheritance rule. These are alimony payments, compensation for damage caused to the health and property of other people, loans from individuals not confirmed by a receipt, moral compensation. The heirs have nothing to do with such debts and are not obliged to pay them.

If the deceased is mired in debt and bequeathed them to you, sometimes it is more profitable to give up the inheritance. Calculate how it will be better. You can issue a waiver within six months. It cannot be canceled. It is also impossible to give up part of the inheritance - either all or nothing.

What will happen to property if there are no heirs

It will become the property of the state, region or settlement.

Things to Remember

• By default, you have six months to inherit.
• In any unclear situation, go to a notary. He will help you find out if you are eligible for an inheritance.
• For entry into their rights, you will have to pay a state fee.
• Sometimes it is more profitable to refuse an inheritance.