Documents for renunciation of inheritance for a notary

Refusal of inheritance is a common phenomenon in our country. Often, heirs resort to similar methods when they cannot use the property of the deceased (they live far away) or do not want to. Registering property in the name of one person in order to subsequently sell it is an effective way to save time (each heir does not need to register ownership) and finances (saving on taxes, state fees).

How to write a refusal of inheritance?

Refusal of inheritance must be certified by a notary. The law allows for the preparation of such documentation by any notary who is officially registered and has permission to carry out such activities. What documents are needed to renounce an inheritance?

The citizen is required to:

• civil passport of the Russian Federation. If the heir is a foreigner, a notarized translation of the international passport must be submitted additionally;
• TIN certificate;
• statement. A sample renunciation of inheritance can be provided by a notary. You can download a sample application for renunciation of inheritance in favor of another heir here - Application for renunciation of inheritance in favor of another person  
• 
• Full name of the persons in whose favor the refusal is written, their identification data (passport details);
• permission from territorial authorities for guardianship, trusteeship, if the applicant represents an incapacitated or minor citizen or is refused in favor of such a person;
• death certificate (photocopy).

The Civil Code allows the inheritance portion to be given to any heir, regardless of the order (inheritance by law). If there are several such citizens, the applicant has the right to distribute the share among the newly-minted recipients at his own discretion.

It is more difficult to write a refusal of inheritance and determine your “successors” in the presence of a will. A person may:

• to evade bequeathed property altogether. His part is divided among the remaining heirs;
• refuse in favor of a person who is also mentioned in the will.

Sample application for renunciation of share in inheritance

It is easy to draw up a waiver of a share in an inheritance. Each notary is ready to provide such services, of course, for a fee. But you can fill out the application correctly, and at the same time save money, on your own by using a sample application for renunciation of inheritance. Moreover, the laws do not establish a unified document form.

The paper should reflect:

• title of the application;
• the name of the notary office (notary) that opened the estate of the deceased;
• details of the notary office (notary);
• Full name of the applicant, identification information about him;
• Full name of the testator, date of death;
• Full name, identification information of the new heirs (optional);
• statements on the division of the inheritance share (optional);
• degree of relationship with the new heirs;
• Date of preparation;
• signature of the applicant-heir.

At the end it is indicated which documents for renunciation of inheritance are attached to the paper, their details (date, issuing authority), number of pages.
The document is submitted by the heir within a six-month period. The “reference point” is the day of death of the testator. It is impossible to revoke a refusal. The only way is to invalidate it in court.

You can download a sample application for renunciation of a share in an inheritance here - Application for renunciation of a share in an inheritance

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How to formalize a refusal of inheritance: rules and methods

Inheritance is property, movable and immovable, as well as rights and obligations that belonged to the deceased person. The process of transferring it into the hands of either the heirs designated in the will or determined by current legislation is called inheritance. It begins from the moment of established death of the testator or from the declaration of his death by the court.

The inheritance does not include the personal rights and obligations of the deceased. For example, civil liability, obligations to a third party.

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The heirs are determined either by the deceased himself in a previously drawn up will, or, if there is no will, in the manner prescribed by law. The heir has the right to accept the inheritance or refuse it, either in whole or in part. It is the refusal of inheritance that will be discussed below.

We give a definition

Refusal of inherited property is a documented disagreement , a person’s reluctance to accept it as property, as well as a refusal of the rights transferred to him as an inheritance and the related responsibilities of the deceased. Note that everyone decides for themselves whether to accept the inheritance or not. In this case, a person is given a choice by law.

In other words, entering into an inheritance is a right, not an obligation. There are, however, exceptions specified by law when it is impossible to refuse an inheritance. But more on that below.

Non-acceptance is documented within the established time frame. In order to refuse an inheritance, you first need to write a statement.

Writing an application

When refusing an inheritance, you need to submit an application (or a sample refusal form) to a notary office or directly to a notary. It is better to visit the notary in person and draw up an application in the prescribed form. We would advise that you file the application together with a lawyer. The fact is that an incorrectly completed application may not be accepted for processing. The application is submitted to a notary or to the notary's office where your inheritance case is open.

The application must indicate the address, office number or details of the notary, and its location . Next, we indicate the essence of the application and your data. You must include your passport number and series, place of residence, full name. TIN. It is necessary to indicate your order of inheritance, i.e. the degree of relationship with the deceased. If you became an heir by law, then you need to indicate the legislative act.

If by will, then its number in the register, the date of its preparation, the number of the notary office where the will was drawn up. The application must include the details of the deceased, his place of residence, series and number of passport, full name.

If you refuse in favor of someone, then indicate in favor of whom exactly. At the same time, his data and priority in receiving the inheritance are entered into the application. You must indicate in your application that the legal consequences of refusal have been explained to you.

The application must be notarized.

Impossibility of refusal

It is missing:

• heirs determined by will or law;
• heirs who have the right to claim this property;
• the heirs are deprived of inheritance by the deceased;
• no one began to accept the inherited property;
• the heirs, refusing the inheritance, did not indicate in whose favor they were doing this.

Refusal is not allowed if:

• mandatory share;
• if the will specifies the person who will inherit the bequeathed property in the event of his death;
• in favor of a person whom the deceased disinherited;
• in favor of a person who is not related to the heir.

Procedure and methods

The law gives the heir the right to accept the inheritance or refuse it. A six-month period is allotted for this. Read more about the legal deadlines here. The decision must be documented. If you decide to refuse, then you must fill out the appropriate application and send it either to the notary’s office where the inheritance case is open, or to the body that oversees inheritance issues.

The application can be submitted in person . You can draw it up and send it by mail or entrust it to a third party to represent your interests. In this case, you must issue a power of attorney in his name, giving him the right to act on your behalf. The application must be notarized.

You can refuse an inheritance even if you have entered into inheritance rights. But in this case, you can refuse the inheritance only through the court (we wrote about judicial issues here). At the same time, it is far from a fact that the court will take your side. Therefore, before making a decision, you should think carefully. For which we are given six months.

You can simply not take any action. That is, do not register an inheritance for yourself.

Please note that the refusal does not have retroactive effect . You cannot, having refused, change your mind and accept the inheritance. Minors and incompetent people can refuse inheritance only with the consent of the authorities exercising guardianship and supervision. For example, a government agency that deals with child protection can allow a child to refuse an inheritance.

If you refuse your share

If you decide to renounce your share of the inheritance, you will have to fill out an application in the prescribed form. Actions with such a statement are no different from those described above. It must be notarized .

Sent to the notary office where the inheritance case has been opened. If you refuse in someone else's favor, then you need to indicate this. If not, we leave the refusal impersonal.

Before giving up your share, find out whether you can refuse to inherit it. The law, as we have already said above in some cases, prohibits refusing both an inheritance and its share. The list of compulsory inherited property is presented above.

Possible consequences

The most important consequence of refusal is that you cannot change your decision . No reservations are allowed in case of refusal. That is, you cannot refuse something, but accept something. If you renounce your share of the inheritance, you renounce the entire inheritance. It should be noted that no one can force a person to renounce an inheritance. It's his right.

Let us remind you once again that the law prohibits the refusal of escheatable property, an obligatory share of the inheritance, if your heir has already been appointed as the heir.

The law provides only one exception, when the heir can refuse any part of the inheritance and accept the rest. This is if there is not one basis for a given person to inherit, but several. In this case, he can refuse for some of the reasons and accept for the rest.

Required documents

In order to refuse an inheritance, you will need a notarized application and your passport .

If you register a refusal at a notary office that handles the inheritance case, you will also have to submit documents proving your relationship with the heir and copies of these documents.

If you register the refusal at another notary's office, you will also have to provide the death certificate of the heir and a copy of the certificate. You must send notarized copies of documents and a certified application by mail.

When registering the refusal of a minor or incompetent person, you will have to obtain consent from the guardianship authorities. Either you will receive written consent from this authority, or a guardianship representative will act in their interests.

Concluding our short article, we need to say the following. Do not hurry. Moreover, if you refuse, you will not be able to change your decision. You have six months to take it. Therefore, think, consult with lawyers, read the legislation. Weigh the pros and cons.

Have you decided to give up? Then do not draw up the documents yourself. Incorrectly completed documents will not be accepted from you. Everything will have to be redone. And this is extra time and additional costs. It is better to immediately seek help from a lawyer or notary, draw up the documents correctly and get the desired result.

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How to correctly formalize a refusal of inheritance and how will the inheritance be distributed in this case?

If the heir does not want to enter into inheritance rights, he has the right to formalize an official refusal of the inheritance. This possibility is reserved for him in the Civil Code, Art. 1158.

Peculiarities

Refusal to inherit does not depend on the will of other persons and can occur regardless of their wishes. It lies in the reluctance of the heirs to enter into ownership rights in relation to the property of the testator.

Refusal of inheritance has the following distinctive features:

• it is drawn up in the form of a statement , which is submitted to the notary;
• it must be drawn up within the period established for accepting the inheritance;
• an application for refusal of inheritance can be submitted even after the heir has begun to use the property;
• refusal cannot imply special conditions: for example, the transfer to the heir of other property, instead of which he refused;
• in some cases, it is necessary to obtain permission from the guardianship authorities to issue a refusal.

Finally, the waiver is irrevocable and does not have retroactive effect.

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Refusal of inheritance can have two variations:

1. Indicating the circle of persons who will receive the property of the refusenik.
2. Without specifying the citizens to whom the inheritance will go.

After signing the disclaimer, the heir loses his rights to the property, he is released from debt obligations (if any were inherited), and the property is distributed among other heirs.

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According to paragraph 3 of Art. 1157 of the Civil Code of the Russian Federation, refusal of inheritance has no retroactive effect and cannot be subsequently revoked. Therefore, it is worth carefully weighing all the consequences of such a decision in advance.

Also, the heir will not be able to participate in the redistribution of inherited property in the future.

How to refuse an inheritance?

Refusal of inheritance can be formalized:

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1. In favor of other persons specified in the will.
2. In favor of another heir by law , even if he was not initially included in the circle of applicants (for example, the only heir of the first stage writes a refusal in favor of the heir of the second stage).
3. In favor of the heirs by right of representation (valid when the heir dies before the opening of the inheritance).
4. In favor of the heirs within the framework of hereditary transmission (comes into effect when the descendants outlive the true heirs).

For example, after the death of a woman, her property passes to her husband and son, each receiving a 1/2 share. The husband filed a waiver of inheritance. Consequently, all rights to the property of the deceased pass to the son.

Another example. The son abandoned his father's property. According to the law, there were no other applicants from the first stage. Therefore, the property passed to the second-order heirs: brother and sister.

In order to refuse to inherit property, the heir should take active steps: write a statement to a notary or, in difficult cases, go to court.

To renounce an inheritance out of court, you must write a corresponding statement to a notary. If the inheritance was carried out according to the norms of the law, then the heir has the right to refuse only in favor of his relative within one line of succession, and only if there are none - in favor of a relative from another line of inheritance.

An application for refusal of inheritance is submitted within six months after the death of the testator. It can be written after signing the application for inheritance, but the main thing is to keep within the 6-month time frame.

The application for renunciation of inheritance is written directly by the heir himself, who would like to renounce the property. It is not submitted to any notary, but to the one who is authorized to conduct the inheritance matter.

The application can be submitted in one of three ways prescribed in Art. 1159 GK:

1. By submitting an application to a notary yourself.
2. Sending by mail or transmission through an authorized representative . This method is suitable for those citizens who live in another region. Before sending the application, it must be certified by any notary office.

The application has a free form, but must contain some mandatory information:

• Full name of the notary to whom the application is being submitted;
• indication of the testator;
• basis for accepting inheritance: by law or will;
• refusal to accept property;
• the person in whose favor the citizen would like to transfer his share (optional);
• list of attached documentation;
• date and signature.

The signature on the application must not differ from that contained in the passport.

The state fee for accepting an application for refusal will be 100 rubles.

Refusal of inheritance can also be formalized through the court. If the heir received a certificate of the right to inheritance, and then suddenly decided to refuse it (for example, he learned about the large debts of the testator), then he needs to go to court for this.

If the heir actually accepted the inheritance (performed the appropriate actions), then the judge may recognize him as having renounced the inheritance for good reasons (according to paragraph 2 of Article 1157 of the Civil Code).

Acceptance of an inheritance or refusal of it is the exclusive right of the heir. But the Civil Code provided for the possibility of only complete refusal. In many ways, this was done to ensure that the heirs do not give up only debts, acquiring only assets.

How to refuse a will in favor of other persons or a relative after death

When writing a refusal in favor of another heir, it is worth considering several important rules:

1. It is not allowed to be written on the obligatory share in the inheritance by law (if the heir wants to renounce the obligatory share in the inheritance, he can do this only without indicating a specific list of persons).
2. It is not allowed to specify in the application for refusal the conditions for signing the refusal: for example, a requirement to provide other property in place of the one that was refused.
3. It is not allowed to formalize a waiver of the obligatory share and property that was not taken into account in the will (according to Article 1158 of the Civil Code of the Russian Federation).

If the inheritance is distributed according to a will, then the refusal can only be issued in favor of another person specified in the will. According to paragraph 1 of Art. 1158 of the Civil Code, the heir does not have the right to refuse the inheritance in favor of any person chosen by him arbitrarily.

But if from among the persons included in the circle of heirs he was unable to select an applicant, then he can write a refusal without indicating the person to whom his share will go. In this case, when distributing property that belonged to the refusenik, the rules specified in Art. 1161 of the Civil Code of the Russian Federation.

When inheriting according to testamentary principles, the share of the refusenik is distributed among the persons specified in the will. Moreover, the size of their shares and the procedure for dividing property can be established in the “last will” of the testator.

If the testator was not sure that his heir would live to see the acceptance of the inheritance and receive it, then he could register a spare person (“sub-heir”) in the will. In this case, all abandoned property is transferred to the sub-heir.

The heir, who was the only person named in the will, does not have the right to refuse in favor of a certain person.

How to refuse an inheritance after 6 months

The heir does not have to write a statement renouncing the property or participate in court proceedings to do this. He can refuse the inheritance through inaction.

If the heir does not apply for acceptance of the inheritance within six months after the death of the deceased, then his share will be distributed among other heirs. At the same time, a citizen who did not accept the inheritance can later restore his rights as an heir through the court if he had valid reasons for missing the deadline.

If he does not do this, then it is considered that the heir voluntarily transferred his rights to others. The state duty for such a voluntary renunciation of inheritance is not payable.

The essence of partial refusal

The law provides only for the possibility of complete renunciation of all property of the testator.

You cannot refuse a car that is being inherited, but you cannot inherit an apartment. It is also not allowed to refuse to inherit the debt obligations of the deceased simultaneously with the registration of his property by inheritance.

For example, the testator left behind a car and a loan in the amount of 100 thousand rubles. In order to inherit the car, the heirs must assume the obligations on the loan.

At the same time, paragraph 3 of Art. 1158 of the Civil Code provides for one exception, which allows for the possibility of partial refusal of inheritance. These are cases when the heir receives an inheritance simultaneously for several reasons.

This situation occurs quite often if not all of the testator’s property is specified in the will.

For example, a father left an apartment and a car to his son in his will. He also had a small deposit in the bank in the amount of 300 thousand rubles. and a loan was issued for 450 thousand rubles. They were not indicated in the will, but according to the law, they must go to the son as the heir of the first priority. It is more profitable for the son to formalize the refusal of inheritance according to the law, since the debts exceeded the amount of the contribution.

Refusal of part of the inheritance is carried out on a general basis. To do this, an application is written addressed to the notary, indicating the basis for the inheritance, which the person refuses. Here you can also indicate a specific person to whom his share will be transferred.

When is it impossible to refuse an inheritance?

Refusal of inheritance is not allowed in the following cases:

1. By will in favor of another person: if the testator foresaw this possibility in advance and indicated other possible applicants to whom the property should be transferred if the main heir refuses.
2. When an heir wants to renounce an inheritance in favor of a person who is officially recognized as an unworthy heir.
3. When a minor and incompetent heir wants to renounce the obligatory share without the consent of the guardianship authorities.
4. When an heir wants to formalize a waiver of the obligatory share in favor of a certain person.
5. If the 6-month deadline for refusal has expired (in this case, going to court is required).

How to challenge a refusal

Sometimes situations arise when a waiver of inheritance is signed under the influence of external factors. Often this is an abuse of trust on the part of another heir, who promises to transfer future compensation for the inherited property in exchange for the relinquished property. Then the heir who received the property rights refuses the oral agreements and does not give any compensation.

If the heir is deceived, then there is no way to restore his inheritance rights through a notary. The only option is to go to court and set out the circumstances of the case that led to the unknowing signing of the waiver.

The following can be identified as grounds for challenging the refusal:

1. The document does not comply with the established form as required by law (the applicant’s signature is missing, notarization is missing, or his passport details are not indicated).
2. The application was drawn up before the inheritance was opened (before the date of death of the testator).
3. The document was written by an incapacitated or partially capable person.
4. The refusal was made by a minor without the consent of the parents and the approval of the guardianship authorities.
5. The applicant was misled during the transfer of documentation.
6. The statement was written under the influence of blackmail , threats or deception.

The initiator of the legal proceedings can be either the objector himself or another person.

Such cases are dealt with by the district courts at the place where the inheritance was opened. The limitation period is set within a year after registration of the refusal of inheritance. For void transactions, the limitation period is 3 years.

The statement of claim must include the following points:

1. Name of the court and its address.
2. Full name, address of the plaintiff and defendant.
3. Information about third parties.
4. Cost of claim.
5. Title of the document.
6. Main text of the statement.
7. Grounds for declaring a document invalid.
8. The essence of the request.
9. Date and signature of the applicant.

The claim must be accompanied by a receipt with the state fee paid, as well as papers confirming the circumstances stated in the application.

The state fee varies depending on the framework within which the hearing of the case takes place: within the framework of ordinary proceedings or litigation proceedings. In the first case, it will be 300 rubles, in the second, its value will be tied to the value of the inherited property.

For example, if the value of the property was 20-100 thousand rubles, then the heir pays a state duty in the amount of 800 rubles. +3% of the amount over 20 thousand rubles. Sometimes additional costs are required for legal support of the trial. They will amount to about 15-45 thousand rubles.

If the plaintiff’s demands are satisfied, the heir should again go to court to formalize the inheritance.

Thus, any heir has the right to refuse the inheritance. The refusal may be targeted (directed to a specific person) or absolute (without indicating it).

To renounce an inheritance, it is enough to submit an application to a notary.

When accepting it, the notary is obliged to explain the legal consequences of the refusal: that this action does not have retroactive effect, and the person will not be able to accept the inheritance in the future.

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What documents are needed to formalize entering into or renouncing an inheritance?

To enter into an inheritance, you must submit to the notary a list of documents established by law. To renounce an inheritance, you must go to a notary and also submit the relevant papers.

What documents are needed to enter into inheritance at the first stage?

The problem of filing documents is the main problem of registering an inheritance. To ensure that it does not arise unexpectedly, you need to know what documents will be needed to register an inheritance:

• statement. When you first contact a notary with the question of opening an inheritance case, you should write an application. It will serve as the basis for starting the inheritance registration;
• passport of a citizen of the Russian Federation. It is considered the main document capable of identifying a person. In this case, its function is precisely this;
• will. It is necessary if it was drawn up by the testator during his lifetime;
• a document that can confirm relationship with the deceased. If a will has not been drawn up, then inheritance occurs according to law. A document is required - a basis confirming the relationship with the deceased. Such a document may be a marriage certificate, birth certificate, etc.;
• a certificate stating where the deceased lived before the moment of death;
• a certificate from the management company, which will confirm the complete absence of debt on payments for utilities.

These documents are required, and without them it is impossible to proceed with the registration of the inheritance.

In addition to them, if you inherit an apartment, a car, money, and some other property, you will need additional documents.

What documents are needed to finalize the inheritance?

In addition to the initial documents on the basis of which an inheritance case is opened, additional ones are sometimes needed:

• refusal of the heir. If one or a number of heirs decide not to accept the inheritance, but to refuse it, a written refusal is required. Each heir makes such a waiver independently.

For registration of inheritance of real estate, land

• cadastral plan of the land plot;
• technical passport of the living space. It is most likely already among the documents of the deceased owner. If you couldn’t find it, you can make a new one at the BTI;
• assessment of any object. Regardless of the type of real estate, an appraisal on the date of death of the testator is required;
• an agreement or court decision on the basis of which real estate was transferred to the deceased owner. This could be a gift agreement or, for example, a court decision in favor of the deceased;
• state registration of property. It is she who confirms the ownership of the inherited object.

Thus, if the inheritance includes real estate or land, it is necessary to prepare a larger list of documents for registration of the inheritance. This procedure may take considerable time.

Some heirs resort to the services of lawyers to collect documents. The notary who is handling the case can also help.

For a fee, notaries themselves send requests and collect some papers.

Upon registration and actual acceptance of the inheritance, the property does not yet finally become the property of the heir. In order for this to happen, it is necessary to register ownership.

To inherit deposits or shares

• valuation of securities. It must be valid on the date of death of the testator;
• extract from the register of a joint stock company. It confirms the presence and share of securities of the deceased testator in the capital of the company;
• savings book, agreement on opening a deposit or other documents confirming the availability of funds in the account of the deceased.

To inherit a car

• PTS;
• vehicle registration;
• grade. As in the case of real estate, it must be valid on the date of death of the testator.

So, the list of required documents is slightly different for each type of inherited property. If the inheritance includes several types of property, then a corresponding package of documents is collected for each.

What documents are needed to renounce inheritance?

Any heir, absolutely independently of the others, can refuse to accept the inheritance. This refusal can be caused by many circumstances. For example, the personal desire of the heir, his relationship during life with the testator. In addition, a common reason for refusal is the debts of the deceased, since they pass to the heir along with the property.

To register a refusal you must:

• appear before the notary in person or through a proxy;
• write a refusal in the form prescribed by law. The notary will provide a sample of such a refusal.

What documents do you need to have with you when making a refusal:

• passport for identification (power of attorney if the heir applies through a representative);
• death certificate of the testator. It is necessary for any actions related to inheritance;
• a document that confirms family ties with the deceased (inheritance by law), or a will.

Thus, to renounce an inheritance, it is enough to record it in writing with a notary. To do this, you need to have the necessary documents with you and appear in person or through a representative.

To begin entering into an inheritance and its further registration, you should submit a much larger list of documents to the notary. It directly depends on what property is inherited. Many of these papers may have already been made by the deceased testator. However, their absence forces the heirs to complete all the paperwork from scratch.

What documents are needed to renounce inheritance?

Refusal of inheritance is a procedure resorted to by heirs who, for personal reasons, prefer to get rid of the property and obligations of a deceased relative, or to provide the inheritance to other claimants. What documents are needed to renounce an inheritance, as well as a general description of this procedure, is stated in Art. 1159 of the Civil Code of the Russian Federation.

What documents will be needed

It is necessary to submit documents to the notary to renounce the inheritance:

Submitting an application

Submitting an application for renunciation of inheritance under the Civil Code of the Russian Federation to a notary can be done either in person or by sending a certified document by mail or by transmitting the application through an authorized person.

1. Passport of the refusing citizen;
2. Death certificate of the testator;
3. If the testator did not leave a will - documents confirming blood relationship with the heir;
4. If the testator left a will, it is necessary to provide this document to a notary;
5. If the heir changed his last name (due to marriage or other circumstances) - documentary evidence of this fact;
6. An extract from the house register or housing and communal services authorities, indicating the address of the last place of residence of the deceased;
7. An extract from the Federal Migration Service on the deregistration of the testator at the previous address of residence;
8. If the heir was unable to appear himself to write a renunciation of the inheritance, this is done by a trusted person - you will need a certified power of attorney;
9. List of persons in whose favor the heir makes the refusal (if any, otherwise the testator’s property will become the property of the state);
10. Permission to refuse guardianship (if the heir is a minor or disabled).

A waiver of inheritance is submitted in the form of an application, a sample of which is provided in this article.

Application for refusal of inheritance

How to refuse

The obligatory share in the inheritance is a type of assistance for especially needy heirs (for example, dependents or minor children of the testator). Therefore, it is impossible to transfer it to anyone by refusal, since this is contrary to the law. The obligatory share can only be waived unconditionally.

Using a ready-made application form for renunciation of an heir, the applicant will save a certain amount of money. Notaries provide services for drafting and filling out documents to renounce the property of the testator - for a fee.

It is not difficult to fill out the form yourself; it is enough to indicate information about the heir and the circumstances of the situation in the fields provided for this:

• Name of the notary organization and full name. the notary who opened the will;
• Details of the notary or organization (address, telephone, fax, etc.);
• FULL NAME. the heir who filled out the waiver application, his passport details;
• FULL NAME. the testator, the date of his death, details of the certificate confirming the death of a relative;
• A list of names of other heirs (by will or law) in whose favor the refusal is made;
• If the inheritance shares were divided, indicate information from the statements (optional);
• Who are the applicant’s heirs in whose favor the waiver application was signed (degree of relationship);
• Date and signature.

What to do to refuse an inheritance

The Civil Code distinguishes between 2 methods of renunciation of the testator's property: passive and active. To actively renounce in favor of other heirs or the state, a citizen collects the necessary package of documents and draws up an application to a notary. Find out how to refuse an inheritance in favor of others here.

Passive refusal implies complete inaction of the heir. During the stipulated period from the opening of the inheritance (6 months), the heir does not appear at the notary's appointment, does not express to enter into inheritance rights, or refuse them. As a result, ignoring the heir is perceived as a passive rejection of the property of the deceased relative.

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What is needed to refuse an inheritance under the laws of the Russian Federation?

In some cases, the heirs of a deceased relative are trying with all their might to acquire inheritance rights to property. However, there are also opposite situations when citizens do not need the inheritance left at all and they would be happy to refuse, but the legislation does not allow them to make this expression of will. These legal relations are regulated by Art. 1157-1159 Civil Code of the Russian Federation.

Ways to refuse inheritance

You can accept or renounce inheritance rights in 2 ways:

• passive, here the heir will not perform absolutely any actions in relation to inheritance rights;
• active.

The heir is recognized as having refused by default when he:

• does not take any action to accept the property assigned to him by law or transferred by will;
• misses the six-month deadline for making a decision;
• after the expiration of the state deadline for registration of inheritance, does not file a claim to establish rights, and does not send applications to other heirs.

• An active refusal will occur if the heir clearly acts in the direction of renouncing inheritance rights.
• Such a refusal can be made after accepting the inheritance share at any time, but provided that the six-month period allotted by the state for making any decision regarding the inherited property has not yet expired.
• There is another significant difference between passive and active refusal. The first can be challenged in court, but with the second such actions cannot be performed.
• The citizen who accepted the inheritance, after six months from the date of the death of the testator, can also renounce this property, but only in court, and the latter must recognize the reasons for the untimely application as valid.

You can enter into inheritance rights only in their entirety; they cannot be divided into parts. However, if a citizen is entitled to various types of inheritance, for example, by law and by will, then here he already has the full right to choose.

1. A citizen can make his refusal both in favor of absolutely any relative, and in favor of the person specified in the will.
2. To formalize the fact of abandonment of the testator's property, an application must be drawn up.
3. Article 1159 of the Civil Code of the Russian Federation provides for the following methods of registering a refusal:

• draw up or submit a ready-made application to a notary in person;
• submit an application to a notary's office, resorting to the help of a trusted person; lastly, you should issue a power of attorney;
• send it through the post office, but in this case the citizen’s signature must be notarized;

In the case of minor citizens, either the parents can refuse, or, if there are none, permission from the guardianship and trusteeship authorities will be required to submit and complete this application.

To accept inheritance rights, you need to collect a fairly large list of documents and certificates. As a rule, the six-month period allotted by the state for making a decision is spent collecting these documents.

As for renouncing your inheritance share, the situation here is somewhat different and the list of documents will be much smaller.

To register a waiver of inheritance, you will need to submit the following documents:

• identity card of the person renouncing his inheritance share;
• death certificate of the testator;
• in case of inheritance by law, documents confirming relationship with the deceased;
• if there is a will, provide this document itself;
• when changing the surname of the heir, the relevant documents must also be submitted;
• a certificate from the housing office confirming the last place of residence of the testator;
• an extract from the Federal Migration Service confirming the deregistration of the testator;
• If an application is submitted with the participation of a proxy, you must provide a notarized power of attorney for the latter.

This list of documents is basic and it is possible that the citizen issuing the refusal will need to supplement it with additional information. All this will depend on the specific circumstances of the inheritance case.

• You can renounce inherited property only using an application.
• A sample application for an unconditional renunciation of inheritance can be downloaded here.
• A sample application for renunciation of inheritance in someone else's favor can be downloaded here.

Having collected the entire list of documentation necessary to waive inheritance rights, it must be submitted to a notary along with the renunciation application. The latter application will be registered and the will of the heir will thereby be fulfilled.

However, there are a number of cases when it is impossible to refuse an inheritance in favor of another.

Namely:

• unlawfully redirect the obligatory inheritance share;
• unlawfully transfer your part, having a sub-appointed heir;
• It is unlawful to assign one’s share to a specific heir if it was received under a will. This action will lead to the distribution of the released property among other heirs identified by the testator, or, in their absence, to the appearance of escheated property.

Therefore, you can renounce inheritance rights to property:

• by submitting an application to a notary yourself;
• by sending an application by mail;
• by submitting applications through a proxy.

Civil legislation does not prohibit transferring your inherited share in favor of other persons, and if the deadline for making a decision has not been missed, then this can be done without resorting to litigation. Here, to the collected package of documents necessary for refusal, personal data of the citizens in whose favor this refusal will be issued should also be attached.

If the refusing heir is an incapacitated citizen, then appropriate permission from the guardianship and trusteeship authorities will be required.

If a refusal is made of the property bequeathed by the deceased, then in this case the heir can redistribute his share exclusively in favor of those indicated directly in this will, or refuse unconditionally. Having done the latter, the citizen’s inheritance will be divided among the heirs of the same line in equal shares.

Once a waiver of inheritance rights has been issued in favor of other persons, it cannot be contested or annulled. This procedure is irreversible.

Among other things, it should be remembered that the state has allocated 6 months for the decision-making procedure and when registering a refusal, you must meet this period of time, otherwise further actions will take place in court. Moreover, the latter, along with a request to extend the period, will need to provide compelling reasons why the allotted period of time was missed.

What documents are needed to renounce an inheritance from a notary?

How to refuse an inheritance?

1. Refuse inheritance without specifying a new heir 

In this case, the share of the abandoned heir is adjacent to the total inheritance mass. Further, this property is divided among all heirs according to the will or on the basis of legislation.

2. For someone else's benefit

If a person renounces his share of the inheritance in favor of a certain person, then the latter will receive both his share and the share of the renounced heir.

Domestic legislation establishes a list of citizens in whose favor the heir does not have the right to refuse the share due to him:

• strangers, not relatives of the deceased person, who cannot receive an inheritance either by will or by law;
• persons who received the status of unworthy heirs according to a court ruling (for example, they attempted to kill the life and health of the testator);
• persons who are deprived of the right to receive the inheritance of a deceased person by his own decision specified in the will (the reasons for such a decision are not discussed and are not subject to revision).

Similar measures were taken in Russia in order to ensure the protection of the property interests of the country's citizens.

How to write a refusal letter?

The application will require the following information:

• Full name of the notary agency specialist who is handling the inheritance case;
• information about the applicant: full name in the unabridged version, residential address, contact information (telephone number, email address);
• information about the authorized person, if he represents the interests of the applicant on the basis of a power of attorney;
• information about the testator, details of his death certificate;
• details of the will or an indication that the applicant is the recipient of the inheritance by law;
• request to renounce inheritance;
• list of attached documentation;
• date of application, signature of the applicant.

You can type the application on a computer or write it by hand - in the latter case, you should avoid blots, adjustments and strikeouts.

Required documents

The list of documents for refusing to assume your inheritance rights is short - you only need a passport and a photocopy of the testator’s death certificate.

If the heir is not able to visit an employee of the notary agency on his own, then he can use the help of his representative. In this situation, in addition to the two documents listed above, you will need to attach a power of attorney, as well as a passport of a third party.

In rare cases, the applicant may be asked to provide documents that confirm the existence of a family relationship with the deceased.

So, the final list of documents looks like this:

Let's sum it up

To refuse an inheritance, you will need to draw up a corresponding application. A sample document can be downloaded on the Internet or obtained from a notary.

You can refuse an inheritance in someone else's favor or without specifying a new heir. If no action is taken, then after 6 months it will be decided that the recipient of the inheritance missed the time to declare his rights, as a result of which he is deprived of the property of the deceased person, as well as the opportunity to choose a new heir.

Even such a seemingly simple procedure as renouncing an inheritance must be carried out competently - especially if a person wants to renounce his share in favor of another person. In this case, professional help will not hurt - consultation with a specialist will help determine the further procedure for all necessary actions, preventing undesirable legal consequences.

What documents are needed to renounce an inheritance - list of documents for a notary

Refusal of the hereditary mass is not as rare as it seems. Some legal successors are not eager to accept their share, and there may be justified reasons for this.

The Civil Code states that any person has the right not only to accept property, but also to refuse it. To do this, you will need to contact a notary and draw up an application with the appropriate text. You need to attach some documents to it.

Which? The list of them will not be as large as when registering an inheritance. This procedure is usually very simple.

In what cases may it be necessary to renounce inheritance from a notary?

Typically, successors in title apply to take over the property. Refusal may be due to the following factors:

• The testator left behind many debts that the successor does not want to pay;
• Accepting an inheritance may lead to conflicts with relatives that a person does not want to enter into.

It is not necessary to indicate reasons for refusal. A person may refuse to accept property even without special motivation. His desire is enough.

Who can refuse a share?

Only the person who has rights to it can refuse to accept a share. Otherwise, this event will be considered simply meaningless. The following have the right to property:

• Claimants specified in the will;
• Participants in the current succession queue.

The last point requires detailed explanation. There are seven queues of successors in total. Heirs have a priority right to property according to the law of first priority. The heirs of the second stage according to the law are the brothers and sisters of the deceased.

They can receive shares only if there are no first-line participants. Therefore, if there are representatives of the first category, submitting a refusal by participants of the second will not make any sense. They already have no right to property.

It is not necessary to indicate the reasons for refusal in the application.

Applicants for OA have the right to refuse

The obligatory share is a part of the property that is transferred to the applicant if he is not specified in the will. You can also not take it. However, ML cases usually arise if they were initiated by the legal successor. If there is no application for a share, there is no point in drawing up an application. Is it possible to refuse a mandatory share in an inheritance for a pensioner? Read here.

Documents for renouncing the share of children

Children may well be heirs. However, their representatives will be parents or guardians. Refusal in such a situation is possible, but it is subject to a number of conditions. In particular, it is necessary to obtain permission to carry out the procedure from the guardianship authorities. Only if this permission is available will the notary accept the application.

The guardianship authorities must, within the framework of the case, ensure that the interests of the child are respected. For example, permission will be easy to obtain if there is an inheritance of the loan after death.

Documentary support

What documents are needed to renounce an inheritance from a notary? You will need:

• Passport;
• Death certificate of the person from whom the property is transferred. It is necessary in order to confirm the fact of opening the inheritance case itself. If the latter does not exist, then there can be no refusal;
• Documents confirming relationship with the deceased, or a will. They are confirmation that the applicant can count on receiving a share. If he does not have these rights, then he cannot refuse to accept them.

Not only the legal successor, but also his authorized representative can send an application. In the latter case, you will need a power of attorney duly executed by a notary.

What to write in the application?

Documents for renunciation of inheritance are not all that is required from the successor. A statement is also required in which the person expresses his desire to relinquish the property. The form for its registration is provided at the notary's office.

The application for refusal shall indicate:

• notary information,
• information about the applicant,
• desire to give up property owed.

It is possible to waive a share of the inheritance in favor of another heir. In this case, the application shall indicate its data. It is not necessary to ask permission from the person in whose favor the action is being performed. If the new applicant does not wish to accept the property, he will also be able to draw up a refusal.

Deadlines

The application must be submitted with all accompanying documents within 6 months. This period is counted from the moment the case is opened, that is, the date of death of the testator. During this period, the assignee can also refuse even objects that he has already accepted.

During this event, only the previous application for acceptance is contested, since the person is not issued a certificate until six months have passed. Accordingly, he does not receive full rights to the share. How to refuse an inheritance after 6 months is described in a separate article.

What's next?

Refusal is an irrevocable act on the part of the applicant. That is, this decision can no longer be changed.

Is it possible to do without submitting documents?

A person may well simply not contact a notary office. Accordingly, you will not have to submit any documents. In fact, the refusal only makes sense if an application for acceptance of the property was previously drawn up. If a person did not draw up anything and did not apply to a notary, no one has the right to force him to accept the property.

This solution has a number of advantages. If a person changes his mind when the refusal is drawn up, he will no longer receive any property.

If a person who did not contact the notary changes his decision, he can restore the deadlines through the court and receive the due share.

To do this, you need to submit an application to the judicial authority, attaching to it a list of valid reasons for not contacting a notary. It could be:

• Long stay in hospital;
• Long business trip.

All valid reasons are documented. For example, this could be a certificate from a hospital. Learn more about how to restore the deadline for accepting an inheritance here.

In what cases it is not permissible to formalize a refusal of inheritance, the lawyer will tell you in the video below:

Giving up inherited property is easy. No one can force a person to accept property. Even if he agreed to the transfer of rights, he can cancel it within the prescribed time frame. In addition, the heir has the right simply not to go to the notary. In this case, he will not receive any share. If a person changes his decision, in this situation it is possible to restore the deadlines.