Documents for the collection of the inheritance under the law

Succession is a process that is clearly defined in the law; every act, the documents required for the inheritance are specified in the laws; in order not to go back to the processing of the inheritance documents under the law, it is necessary to know exactly the list of documents required for the notary to be presented.

Legacy: Features and nuances

In order to understand what documents would be required to obtain inheritance under the law, it was necessary to find out exactly how it was being processed.

The inheritance under the law involves a certain sequence of actions and takes place in the absence of a will.

The inheritors of the law are the next of kin of the testator, in order of order; they are the ones who claim the property according to their rank; but if some of them give up their right to inherit, the turn is reversed; and it is possible for some other reasons:

• The death of one of the heirs;
• This happens when the heir behaves inappropriately towards the heir; the decision is made by the court and is grounds for excluding the person from the inheritance.

Thus, inheritance under the law involves the transfer of property left after the death of the heir to his relatives.

In the absence of a will expressing the will of the deceased to inherit his property, legal inheritance is the only possible option.

However, as a result of legal succession, all the property of the deceased may be transferred to the State, for example in the case of:

• The absence of heirs for six months;
• Death of heirs;
• Refusal of all heirs from accepting inherited property;
• Recognition of the heirs as unworthy.

List of documents

The list of documents is different in order to obtain a different type of inheritance.

• The paper is proof of the death of the heir; it may be both a death certificate and a court decision declaring the person to be dead.
• A document certifying the applicant ' s right to inherit, most often a Russian citizen ' s passport;
• Refusal of the inheritance of other heirs is necessary when one of the heirs has refused to accept the inheritance;
• Confirmation of the relationship with the deceased, e.g. marriage certificate, where the wife inherits the husband;
• A document containing information on the last residence of the deceased, which may be taken from the housing office of the house where the heir lived;
• An extract from the home book is needed to confirm that the deceased person has been removed from the register.

The notary must be present in person with all the papers listed and their photocopies for inheritance; on the spot, the notary will be able to draw up a statement of the type; this is the basis of the right to inherit.

All documents made available to a notary must be genuine, valid, written by the competent authorities, etc. Overdue or invalid documents shall not constitute a ground for inheritance under the law.

Special instruments in succession by law

In addition to the basic documents that will be required in any case, the list is expanded to include the inheritance of certain types of property.

• A contract of sale, men, gift to a place of residence, an apartment is required in the case of inheritance under the law of real estate; this document confirms the deceased ' s ownership of the property, the existence of such property, its location, etc.;
• Technical passport of the premises, plan drawn up by the BTI service;
• The cadastral passports of a dwelling or plot of land, depending on what is passed on by inheritance;
• The technical passport of the vehicle is required for the legal inheritance of a motor vehicle, a motorcycle and other motor vehicles;
• The valuation of the property on the date of its death, regardless of the type of property, is expressed in monetary equivalent;
• A paper confirming the absence of taxes on inherited property is required if an apartment, a car, etc. is inherited;
• Legally establishing documents on deposit, savings certificate, etc. are necessary in the inheritance of funds held in the deceased ' s accounts, such a document may be both a savings note and a contract for opening and depositing the account;
• A confirmation of the estate's ownership of an equity company is required in the event of the succession of securities; such confirmation may be obtained directly from the organization of which the deceased is a shareholder.

All the documents listed confirm the existence of the property in question, the deceased ' s rights to it, the monetary value and the location of the property.

Succession by law is the form of inheritance of those who are relatives of the deceased, and the law determines the place of each of them in the order of succession.

The list of documents to be provided to a notary is considered to be exhaustive and consists of binding documents, without which the right to inherit is not considered at all.

What documents are needed to process, inherit from a notary after death?

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The inheritance involves the transfer of the estate of the heir to the heir after the death of the owner.

Where do you want to go?

A person claiming inheritance must contact a notary.6 monthsSince the death of the heir.

It is necessary to file documents at the place where the inheritance is opened:

• at the address of the deceased person ' s registration (if known);
• At the place where the will is held;
• at the place where the immovable property is located;
• at the location of the most valuable property.

If there are several notaries in the area, you can call each of them and specify who will open the case. Contact information can be found on the Internet on the website of the Federal Notary House or at a notary office.

At the end of the statutory period, the heirs will have to apply to the court (art. 1155).

• The heir did not know the owner ' s death; for example, a person lived in the territory of another State or did not communicate with a deceased relative;
• The citizen performed military service on call;
• The heir has received long-term treatment and other valid reasons.

Documents to be inherited from a notary: basic list

In order to enter property rights, heirs must visit a notary office (art. 1153) and potential recipients must prepare a package for the notary.

The list varies according to the particular situation:

• Succession by law/integrity;
• The acquisition of certain types of property as part of the inheritance.

Basic list of documents

No. n/a Name of document Note

1	Identification document (for heirs aged 14 and over)	A citizen of the Russian Federation must submit a civil passport of the Russian Federation; a citizen of another State provides an identity card for his or her State.
2	Owner ' s death certificate	The document is issued by the District Register Office at the place of the last registration of the deceased or at the place of death, on the basis of a medical certificate of death or a court decision
3	Certificate of last place of registration of the deceased	You can put it in the passport desk, the FFC, the WEC, the ECU.
4	Certificate of withdrawal of a citizen from registration	Issued by UVMS (passenger table)
5	Birth certificate, citizenship certificate	If the heirs include a minor citizen
6	Document certifying the credentials of the minor heir ' s representative	Order on the appointment of guardianship, certificate of guardian (for a child under guardianship); A contract for placement in a foster family, a certificate of the adoptive parent (for the heir to the adopted child); An order to be placed under supervision in an organization for orphans, a power of attorney certified by the director of the children's home (for the heir of the organization); Document on the recognition of a minor, a child without parental care, an order for admission to education (for the heir, an orphan studying in the SES or the Tertiary), a power of attorney certified by the head of an educational organization
7	Trust	The instrument of succession through the representative must be certified by a notary and contain an accurate list of all the credentials transferred.
8	Property valuation report	The State ' s legacy is calculated on the basis of official information, one option being an assessment report; an alternative could be a certificate from Rosreestre.

The basic list of documents must be made available to each recipient of the property, regardless of the order of succession.

By will

The Civil Code establishes the priority right to inherit by will (art. 1118), but the heir is not restricted in his rights and may independently determine the number of persons whom he wishes to appoint as heirs.

Additional list of documents for testimonial heirs

No. c/p What needs to be confirmed Name of the document who provides

1	Right of the heir to the will	Will	Beneficiaries
2	Right to a compulsory share	The court ' s decision to recognize as a dependant, Related documents, evidence of incapacity to work	Unable to work dependent
3	Right to a compulsory share	Birth certificate	A minor dependent
4	Right to marital share	Marriage certificate, marriage contract (if any)	The deceased ' s spouse

The recipient of the property must, in accordance with the deceased ' s will, provide the original will; in the absence of such a document, the location of the estate must be ascertained.

The search for a will is free of charge.

If a will was made by a notary at his place of residence, he would simply provide the applicant with a duplicate; otherwise, the specialist would indicate the location of the will.

An application will appear as one of the main documents upon entry into the population, and a filling-in form can be obtained from a notary.

Model application for succession upon will

Pick up an application to inherit by will.

The estate is to be inherited from the notary who kept the will, and the heir provides the certificate application and the basic package of documents.

No will

A notary must also be contacted without a will to accept the property, in which case the inheritance is carried out in accordance with the law (art. 1141 of the Criminal Code of the Russian Federation).

In addition to the application and the basic package of documents, the heir provides by law documents that confirm the relationship with the deceased.

Additional list of documents for legal heirs

No. c/p What needs to be confirmed Name of the document who provides

1	Existence of an official marriage	Marriage certificate	Marital partner
2	Existence of blood or adopted children	Birth certificate of heirs	Children
3	Parental rights	The deceased ' s birth certificate	Parents
4	I'll change my last name.	Marriage certificate, divorce, change of name	Any heir
5	Change of name or patronymic	Certificate of change of name, patronymic	Any heir

Similarly, relationships are confirmed by other recipients.

If a document is lost, a duplicate must be obtained from the regional civil registry office at the place where the document is issued; the alternative is to obtain the document through the IFC.

If a citizen is unable to obtain a duplicate, the relationship shall be established by a court of law, in which case a court decision shall be attached.

Model application for legal succession

To download an application for inheritance without will

If there are benefits for the payment of the public service, the data must be provided to the notary.

List of inheritance documents for various types of property

In addition to general information, information on inheritance should be provided at the time of inheritance and the list of data varies according to the type of property:

• Housing (a flat, a house);
• Land;
• Vehicle (vehicle);
• Bank deposits;
• Stock, securities.

Since 2015, the law has prohibited the notary from requesting information from the recipients of the property on the encumbrance of the property, which must be requested by the notary himself.

Apartment, home, real estate

Real estate is the most popular subject of inheritance, including apartments, homes, gifts and other buildings and structures.

List of real estate estate documents

No. c/p Designation of document Name of document

1	Legislative documentation	Sales contract Man's contract Donation contract Act on privatization certificate of inheritance rights Information from the garden partnership on the building of a dormitory
2	The supporting documentation	Exit from EGRN
3	Inventory documentation	Cadastral passport
4	Technical documentation	BTI Help
5	Data on non-residential construction	Declaration on Construction
6	Data on non-payment arrears	Certificates of non-payment of tax debts

Land

In the inheritance of the estate, the heirs should be provided with the following information:

• Planning of the site;
• The cadastral passport;
• An extract from the EGRN;
• Legally establishing documentation;
• The Panel recommends an award of compensation in the amount of US$ 1,000,000 for non-payment of taxes.

Vehicle

In the event of a car being inherited, it is further necessary to provide:

• Vehicle Passport (VTP);
• a certificate of registration.

In the absence of the listed data, a certificate is provided from GIDD that the deceased was the owner.

Bank deposits

In the inheritance of bank deposits, the heirs should be provided with:

• Savings book (if any);
• The original agreement of the testator with the bank for the opening of the deposit;
• Information on the credit institution.

Stock, securities

In the event of a succession of securities, it will be necessary to:

• The full name of the joint stock company;
• An extract from the stockholders ' register;
• Valuation certificate.

If only the shares are the subject of inheritance, a withdrawal from the depot account and an assessment will be required.

Cost of services

Regardless of the method of inheritance, the law provides for the payment of the State Ministry; the additional costs include the cost of the services of a notary; the amount of the State is dependent on the order of the heirs and the value of the share of the estate.

The bill of payment for the State is a binding document in the form of an inheritance.

The calculation shall be as follows:

• Releases 1 and 2 (children, spouses, brothers, sisters, grandparents, or parents) - 0.3 per cent of the value of the property, but not more than 100,000 p.p.;
• Other heirs - 0.6 per cent of the value of the property, not more than 1,000,000 p.s.

The full cost of the inheritance is paid separately by each heir (art. 333.24).

Not every heir knows exactly what property he or she is supposed to be and where he or she needs to go. To avoid any problems and lengthy trials, we can get free advice from our lawyers.

They will understand the circumstances of the case and indicate what documents are needed for the particular type of property.

If the situation is neglected and needs to be brought before the courts, the lawyers will be able to represent you in the courts of various instances.

• Due to the constant changes in legislation, regulations and judicial practice, we sometimes fail to update information on the website.
• Your legal problem is 90 per cent individual, so self-protection and basic solutions are often not appropriate and will only complicate the process!

So contact our lawyer for a free consultation right now and get rid of the problems in the future!

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Documents for the collection of the inheritance under the law

Main inheritance/Documents to inherit by law

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And if you wish to make a will, you will not be afraid of it, nor will you be able to make a bequest, nor will you be able to make a bequest, nor will you be able to make a bequest, nor will you be able to make a bequest.

In the article "The procedure for obtaining inheritance under the law", we discussed in detail the process of legal inheritance – the place of the inheritance, the manner in which the relatives acted, the timing of the procedure and the length of the procedure, the cost; we also briefly listed the documents required to obtain the inheritance.

I would like to elaborate on this subject, as the preparation of documentation is the most problematic, time-consuming and demanding.

Documentation is also complicated by the fact that there is no single and universal list of instruments suitable for each case.

In each particular question, the list must be clarified from the notary who is in charge of the inheritance case.

Application for inheritance

The procedure of succession begins with a visit to a public notary office to file an application for inheritance, and the application is accompanied by all other documentation.

An application for inheritance is a very simple document containing information such as...

• Name of notary office;
• FIO and applicant ' s address;
• The FIO and the last address of the heir;
• Date of death of the heir;
• The basis for legal succession (native relationship);
• List of inheritance property;
• Date of application;
• Signature of the applicant.

There will be no problem with the application; the notary will certainly give you a sample and answer the questions, but it will be even better if you get to know the model in advance. The statement reads as follows:

Every heir must apply in person — group statements "from the whole family" are not accepted, but this does not mean that every member of the family must beat the threshold of a notary office; the application can be sent by mail or passed through the attorney's office.

Notice that the law has limited the time limit for filing an application, as it has for the submission of the remaining documents, which is only six months.

Basic documents for the inheritance

Of course, the heir will not come to the notary with just a statement.

1. the applicant's identity —passport;
2. confirmation of the death of the heir- a certificate or a decision of the court;
3. Since inheritance is legal, it is necessary.Confirmation of the relationship with the heir giving the right to inheritance:

• The certificate of birth, marriage or dissolution;
• Passport with "stamps" on marital status, children;
• Discernments (certificates) from civil registry books;
• A court decision establishing affinity.

1. Confirmation of the place where the inheritance is to be opened:

• A certificate from ERC (or ERCC, a single information centre) on the last residence of the testator prior to death;
• An extract from the home book;
• A certificate from the local Finnish Immigration Service office on the removal of the heir from the register;

Additional documents for inheritance

Since each inheritance case has its own characteristics (number of heirs, property), additional documents may be required.

For example:

If the heir is unable to apply personally to a notary office (due to illness, employment, residence in another locality), a trusted person may do so.

Then it will be necessary to provideNotarized power of attorney to represent the heir in the inheritance.

In fact, this power of attorney can be applied not only to a notary office, but also to other institutions – Rosreest, BTI, evaluation organizations, banks, WEC, civil registry, HYBED, and others.

If the heirs claimTotal or partial exemption from payment of State dutyit is necessary to provide documents confirming such a right:

• Disability certificate (group I or II);
• The family composition certificate or an extract from the home book (indicating the number of family members, the FIO, the period of cohabitation) is a confirmation of the residence of the testator before and after his death;
• A court decision declaring the heir incompetent;
• Birth certificate or passport confirming the heir ' s underage age.

Reheritable property documents

In addition to the above-mentioned documents, documents will also be required for the estate, and it is clear that the list will depend on the property to be inherited — home, apartment, land, machine, securities, money savings, etc. We will provide a common list of documents:

1. Right-making documents for property:

• A contract — sale, privatization, exchange, gift;
• Certificates of inheritance, joint property of spouses and the right to ownership of land for life;
• Reports on the payment of drinking water to a cooperative apartment, the ownership of a garden house and the opening of a savings account;
• Court decisions recognizing ownership of property.

1. Technical documents for equipment:

• Land cadastre plan,
• Technical passport (story plan, exhibition) of the apartment, home;
• The vehicle ' s technical passport;

1. Certificates of State registration of ownership of immovable property;
2. Vehicle registration certificate;
3. Property valuation document(cadastral, inventory or market).

Pay attention!It used to be on the I.D. list as well...

• EGRPO ' s statements,Containing information on the property, its ownership, restrictions on transactions with the property and the claims made against it;
• GTC statements,containing the inventory data of the facility, the details of its owner, its inventory value.

In 2015, amendments to the Act (FL No. 259 of 13.07.15) came into force, according to which notaries can obtain the necessary information electronically via the Internet, so they are not entitled to require the heirs to provide these documents.

Legal assistance

A lot of people think that once a six-month deadline is set for the preparation of documents, it's gonna be like oil, but in practice it's much more complicated.

The main difficulties begin already at the document-collection stage: a person may not have documentation or may be hidden by other heirs; if there are no documents, they have to be reordered, which is an extension of the procedure.

That is why not everyone is able to collect the documents in time for the inheritance under the law.

A free legal consultation will help you avoid common errors in the preparation of documents. The advantage of online help is speed. You don't need to make an appointment with a lawyer and adjust to his schedule. You leave your question online chat, and the lawyer will contact you soon.

When asked, you will receive a free and exhaustive legal opinion: a lawyer will tell you exactly what documents are needed in your case, where to request them better, whether to approach a notary, how to resolve a conflict with other heirs, and so on.

Legal knowledge of inheritance will allow you to complete the procedure not just quickly, but correctly!

Legacy papers – what goes in, how to process

Legacy is complex and time-limited, as the heir has only six months to process.

The basis for the inheritance is the occurrence of an inheritance case, that is, the death of the heir, and the documentary evidence that the natural person has any inheritance rights at all, which documents give the right to inherit, which is what happens next.

Necessary documents

There is a basic list of the necessary documentation, as well as the papers that will be required in a given case, as follows:

• A will, if any.
• The testimonial of the death of the heir or the relevant court decision.
• Internal passport of a citizen of the Russian Federation.
• Documents that confirm the degree of kinship.

In addition, the notary himself would have to file an application as well as pay a State fee, and the payment bill would also have to be attached to the package.

The inheritance of real estate will also require:

• An extract from a home book or a certificate from the HEC about the number of people who have been registered.
• Law-making documents for the subject matter of the inheritance.
• Exit from EGRP.
• A personal account statement on the lack of debts for public utilities.

Deposits will require bank documents, account opening agreements, payments and so on.

Legal instruments

A certificate confirming the right to inherit is an established model and is issued by a notary, gives the heir the right to take over the estate and may be revoked only by a court of law.

This document should specify the right to inheritance as follows:

• Document title, date and place of issue.
• To whom and to whom a certificate of right to inherit is issued.
• Data on the heir.
• Basis for issuing a document confirming the right to inherit.
• The degree of relationship to the deceased.
• The characteristics of the estate are the description of the object, the location of the object.
• Estimated cost of the inheritance facility.
• List of documents confirming the legality of succession.
• Notary's signature and seal.
• The amount of State duty paid.

Without a certificate of inheritance, the heir has no right to dispose of the property, and it will also be necessary in the following situations:

• In the exercise of property rights.
• In the form of a right of ownership.
• To carry out legal transactions with the property received.

The document is issued by the notary who opened the inheritance case on a special model established by the State.

The certificate is not issued immediately; it is only six months after the death of the testator or the court ' s decision to establish death that the certificate is valid, and thus can be obtained.

Necessary documents for inheritance

In the first place, the notary must submit the basic documents in order to open the inheritance file and allow the heirs to write an application for inheritance.

1. Death certificate + copy.
2. An extract from the home book + A certificate from the deceased ' s last residence (with a note of his departure) is made in the passport table or in the organization of his substitute (ERC, RRC, etc.).
3. In the case of a will inheritance, the original will, marked by a notary who made the will that it was not cancelled, was not changed, was not new.

4. In the case of legal succession, documents are required to confirm the marital or related relationship with the heir:

   • A certificate of marriage or divorce + copy;
   • Birth certificate + copy;
   • Certificate of change of name (registration certificate) + copy;
   • Adoption certificate + copy.
5. Original heir ' s identity document: Russian citizen ' s passport + copy (reverse of photo and propiska page).
6. A notarized power of attorney or a document confirming representation by law (the original + the copy) for the representatives of the heirs.

Documents required for the inheritance of immovable property

Documents necessary for the inheritance of an apartment or homeowner:

1. Right-making and supporting documents for real estate (originals + copies):

   • A certificate of ownership of housing;
   • A certificate of State registration of ownership.

   Depending on the origin of the right:

   • Sales, gifts, men, privatization;
   • A certificate of right to inherit (by law or by will);
   • A certificate of ownership of the share in the common property of the spouses;
   • The certificate of the SNT to the garden house;
   • The JSC certificate for the flat for the full payment of the blow;
   • The decision of the property dispute court.

2. The Bureau of Technical Inventory (BIT) of the location of the real estate:

   • A certificate of the valuation of the dwelling on the date of the death of the testator;
   • Explicit;
   • Story plan;
   • The cadastral passport of the premises;
   • Technical passport for home ownership and removal from those passports on the date of death of the heir.
3. An extract from the home book is made in the passport table or in the organization of its replacement (ERC, RTC, etc.).
4. An extract from the Single State Register of Real Property Rights and Transactions.
5. Certificate of non-payment of property tax (for property transferred to the heir by inheritance or donation) from the tax authorities.
6. Report on the absence of house arrest (Office of the Federal Registry).

Documents necessary for the inheritance of the land:

1. Land title and title documents:

   • A certificate of ownership of land;
   • State land registration certificate.

   Depending on the origin of the right:

   • Sales, gifts, men, privatization;
   • A certificate of right to inherit (by law or by will);
   • In the case of primary privatization, an archival copy;
   • Orders on the allocation of land to property (taken from the place where the land is located);
   • an extract from the household book.
2. Land inventory plan with land assessment on the date of death of the testator (issued by the local Land Surveyor) If the land plot plan has already been submitted for State registration, the submission of the cadastral plan is not required.
3. Certificate of non-arrests, prohibitions and arrears of contributions to the site.

Documents necessary for the inheritance of the garage, carmaster or boxing:

1. Law-making and supporting documents.
2. Help from the SCK.
3. Certificate of the estimated value of the garage on the date of death of the testator, floor plan, exposition (BTI, location of the property).
4. Report of no seizure of property.

Documents required for the inheritance of a motor vehicle:

1. Vehicle Passport (VTP).
2. TC registration certificate.
3. Testimonial of vehicle ownership by HYDDA (in case of absence of TC documents).
4. Market evaluation report for the vehicle on the date of death, with a certified copy of the licence of the organization authorized to evaluate TC.

Documents necessary for the inheritance of money:

1. Information on the bank in which the deposit is made (for a notary ' s request).
2. A savings book.
3. The original of the bank deposit contract.
4. Promulgation order for deposit (if any).
5. Bank cell or safe lease agreement.
6. Social security certificate (in case of lost pension).

Documents necessary for the succession of shares or securities:

1. An extract from the registry of the registry holder ' s organization.
2. Report on the market valuation of shares with a certified copy of the licence of the organization authorized to assess shares.

Documents necessary for the inheritance of weapons:

1. Weapons papers.
2. An estimate of the value of the weapon on the day of death.

Note this.the list of the above documents is indicative and, depending on the region or notary office concerned, may differ.

Legacy: List of documents

This is a long process of collecting important documents, without which it becomes difficult to accept the inheritance and share the estates of the heirs among the relatives, sometimes depending on the outcome of the case.

Usually, people collect and store different documents and references for years, so after the death of the man who left you his property, don't rush to throw everything away, and maybe somewhere at the bottom of the box there's a very important document that's gonna be a problem with the inheritance.

What package should the notary be presented for the inheritance?

In order to accept the inheritance, citizens are given six months.In order to visit a notary, it is necessary to prepare:

• A photocopy and the original death certificate of the person whose property you wish to inherit;
• When the inheritance is legal, the relationship between the heir and the citizen who left the immovable property behind should be proved by submitting supporting documents:
• A copy and the original birth certificate;
• A copy and the original of the marriage certificate;
• A copy of the divorce certificate;
• A copy and the original name change document;
• Form 9 with personal and passport data of the testator and his address before his death;
• An extract from the home book concerning citizens living together with the heir before his death;
• The original passport or any document confirming the heir ' s identity;
• A power of attorney, certified by a notary, issued to a trusted person by an heir of property, is granted if the heir is unable to act on his own account because of his minor age and is provided with a guardian or guardian.

What additional documents are needed if there are more than one heir to the property?

The following documents shall be submitted to the notary:

• Application by other heirs of their voluntary refusal to inherit;
• Information from the home book;
• A certificate of ownership of real property;
• Experts ' conclusions on the value of the property at the time of the former owner ' s death;
• Documents received in the Cadastral Chamber (land cover plan, apartment passport, etc.);
• Data on the owner of the property, the existence of the inheritance burden.

Certificate of right to inheritance

The certificate is required in most cases.on payment of State duties.

The certificate of succession is a document certifying the heir ' s right to the estate or part thereof that the heir left after his death.

Although the legislation of the Russian Federation does not oblige the heir to receive such a document (art. 1162, para. 1, para. 2, of the Criminal Code of the Russian Federation), its receipt plays an important role in the future disposal of property.

In order to obtain a certificate, it is necessaryApplicationThe notary will, however, accept the application only if there is a ground for the citizen to take part in the inheritance rights.

The statement contains information:

• The location of the notary office, where the document and details of the notary himself are submitted;
• The applicant (name, first name, patronymic, registration address, contact number);
• The deceased national heir (name, first name, patronymic, address of residence);
• It is also necessary to write passport details, address of residence, in addition to specifying the nature of the relationship between the heir and the heir: these may be related, marital or dependent relationships, etc.;
• The property which is part of the inheritance of the deceased person;
• Date, signature of applicant;

In order to obtain a certificate of right to inheritance, by virtue of the right to inheritby lawnecessaryThe following grounds:

• The absence of the deceased ' s will document on the disposition of his property for anyone ' s benefit;
• Failure to accept or reject the principal heirs who are called upon to inherit property by will;
• The heirs listed in the testatorial document have been removed from the estate or have been found by the judicial authority to be unworthy;
• The heir has the necessary documents to confirm the inheritance rights of the property in question.

In order to obtain a certificate of right to inherit, in order to take possession of the propertyby willIt is necessary to:

• The existence of a will certified by a notary and issued in accordance with article 1125 of the Criminal Code of the Russian Federation;
• The existence of a sealed will, which was established by a protocol in accordance with article 1126 of the Criminal Code of the Russian Federation;
• The existence of a will in a simple form, written under special circumstances and in accordance with the requirements of article 1129 of the Criminal Code of the Russian Federation.

The grounds for inheritance are set out in article 1111 of the Criminal Code of the Russian Federation. Thus, entry into inheritance rights under the law may take place only in the absence of a will and also in other circumstances established by law.

Place of issue of the certificate of right to inheritance

The document shall be issued in accordance with article 1162, paragraph 1, of the Code of Criminal Procedure.at the opening placeIn most cases, the place of last residence or residence of a deceased citizen is determined by the notary who opens the inheritance.with a combination of the following circumstances::

• The place of residence or residence of a deceased citizen in the territory of a particular area;
• The first letter in the name of the deceased citizen;
• The date of death of the heir.

Since the notary is determined at the beginning of the case – at the opening of the inheritance – the heir's certificate of inheritance is also obtained from the same notary.

Date of issue of the certificate of right to inheritance

The certificate shall be issued to the heir or heir within the time limits prescribed by the legislation of the Russian Federation.

1163 SC of the Russian Federation, document issuedafter the end of the six-month periodto enter the estate, at any time (in the case of a declaration of inheritance or its acceptance).

But only if there are no obstacles to his extradition (e.g., there is a dispute pending before the court on this inheritance).

However, there are cases in which a certificate may be issuedbefore expiryThat's how long it's been.The basis for this may be::

• The absence of persons other than those who have already declared themselves heirs;
• No trial or other reasons;
• Existence of a court decision on early accession to inheritance rights.

The law also provides for cases in which a certificate may be issuedsuspendedSuch situations arise in the following circumstances:

• The heir has not yet been born during the period granted for the adoption of the heir ' s mass;
• There is a court order to suspend the issue of the certificate on any grounds;
• There are legal proceedings in the dispute over the inheritance between the heirs and/or interested persons.

This list, defined in article 1163 of the Civil Code, isExcuse me, I'm sorry, I'm sorry, I'm sorry. I'm sorry..

If the notary refuses to issue the certificate within the time limit prescribed by law, without giving reasons, or such reasons are not grounds for refusal, or in other cases of refusal, the heirs may appeal against the notary ' s refusal to the court; prior to receiving the notary ' s written document or refusal.

All rulesThe time limits for the issuance of certificates are contained in the Civil Code and in the basic legislation of the Russian Federation on notaries.

Procedure for issuing a certificate of right to inherit by law and by will

Legislation and regulations regulate the fact that a certificate of right to inherit may be issued only if the heirs or heir so wish.

When issuing a certificate, the notary performs certain acts.by lawThe notary is performed by:

• Verification of the death of the heir;
• Establishment of the place and time of discovery of inheritance property;
• Identification of the heirs;
• Verification of the grounds for recognition by the heirs of the persons making the application;
• Verification of the composition and location of the equipment;
• Verification and other fact-finding.

• For this purpose, the notary requests the necessary documents by submitting the relevant requests to the authorities, banks, public authorities and institutions, as well as other organizations.
• Following the collection of appropriate evidence and the verification of the facts, the notary sends notification of the opening of the inheritance to all available heirs of Release 1.
• Precisely.by willthe notary commits the following acts:

• Verification of the death of the heir;
• Establishment of the place and time of discovery of inheritance property;
• Checking the existence of a will;
• Identification of citizens legally entitled to a compulsory part of property.

Thereafter, the notary shall notify the heirs by writing to them.

In cases where there are more than one will, only one of them will be effective.It's written by the last one.

In order to obtain a certificate, the heirs submit the following to the notary within the time limits prescribed by law:documents:

• A document that confirms the death of the heir, which includes the time of death;
• The grounds for succession (laws of relationship or will);
• Legal or other documents which may confirm the deceased ' s rights to his property;
• Evaluation of inherited property;
• Documents certifying the heir ' s identity;
• An application for succession.

There are situations in which the date of succession by the heirmissingIn this case, some are possible.options for the acquisition of an inheritance:

• To restore the period which the late heir has missed;
• To recognize inheritance rights through the courts;
• 42 - 44 of the Methodological Recommendations of 28 February 2011).

The citizen of Petrov, A.I., applied to the court for the restoration of the missed date of acceptance of the inheritance. He submitted to the court incontrovertible evidence that, for seven months after the death of the testator, he had been in rehabilitation after an accident in a medical institution. In this case, the reason is respected, and the court will therefore grant the claim of the citizen of Petrov A.I. (art. 1155, para. 1).

Notarial tariff (value) of certificate

In the case of a certificate of right to inherit, it is necessaryto pay the State duty.Depending on the degree of kinship, the amount of the tariff established by article 333.24 of the Tax Code of the Russian Federation:

• For first and second-line heirs (except grandparents) - 0.3 per cent of the value of the inheritance in the portion to which the heir is entitled; the limit on the maximum State duty in this case is 100,000 roubles;
• For other heirs, 0.6% of the value of the inheritance in the portion to which the heir is entitled, the limit on the maximum State duty in this case is 1,000,000 roubles.

Where the value of the property is not known, it may bedetermined by the specialized organizations.

Payment for the evaluation of inherited property shall be made at the expense of the heirs or one of them, as agreed; in extreme cases, such matters may be decided by the judicial authority; and in some (exceptional) cases, payment for the evaluation shall be made from the funds of the inheritance property.

However, it is not always necessary to assess the property; the Tax Code of the Russian Federation stipulates that the calculation of the State duty when issuing a certificate on the right to inherit property is based on the following:Cost optionsSuch property:

• Inventory value;
• Inventory value;
• market value;
• Nominal value.

At the same time, the notaryis not authorized to request a documentIf there are several documents that confirm the value of the property and the value is different, then the calculation may be made.of the lowest valueProperty.

Like that.benefits arisingIn the following cases:

• When citizens with a disability of the first and second groups become members of the inheritance rights, the State duty is paid in the amount of 50 per cent of the amount of such a duty;
• On entering the inheritance rights of citizens living together with the heir and those inherited after his death, the dwelling and the plot on which the house is located;
• In the inheritance of deposits, wages, insurance, copyright fees;
• In the case of inheritance of property, if the heir has died in the performance of duties or tasks in connection with his official position, etc.;
• If the heirs are minors, minors and incapable citizens;
• Other persons established by law.

In addition to the payment of the State duty, the notary is usually paid andTechnical or legal workI. Tariffs for such work are clearnot regulatedThe law and may be established by notary offices on their own.

It should be borne in mind that a notary may not charge for such services or impose services on citizens; such services may be provided by a notary only with the consent of the citizens themselves.

In order to settle disputes relating to the calculation and application of State duties by notaries, citizens have the right to apply to the courts for the protection of their rights and legitimate interests.

A "P" citizen applied to the District Court for an cadastral value equal to the market value of the homeowner, stating that she was the heir to the homeowner.

When paying the State fee for the certificate of inheritance, the notary calculated the tariff on the basis of the cadastral value of the facility; however, the plaintiff does not agree with this value because she considers the value to be excessive.

In order to prove her case, citizen "P" approached independent experts to independently assess the market value of home ownership, and experts calculated the market value, which is less than the inventory value by 200,000 (two hundred thousand) rubles.

The claimant requests the court to establish the cadastral value of the home ownership equal to the market value of the experts.

After examining the case file, hearing the parties, reviewing the legislation in force, the court concluded that the claims had been met for the following reasons:

• The determination of the market value of the facility is a legitimate way of clarifying the cadastral value of the facility;
• The evaluation is carried out by experts on a legal basis and in accordance with the requirements of legislation and regulations;
• The excessive inventory value of the home ownership entails the burden of mandatory payments, the amount of which depends on the inventory value of the facility.

Confinement of the certificate of right to inherit

Like any other similar legal instrument (certificates, contracts, etc.) the certificate may be declared null and void; an instrument such as invalidation of the certificate may often become a convenient tool for restoring the violated rights of citizens.

So, uh,grounds for invalidation of the certificatemay be:

• To issue such a certificate to the heirs who are entitled to the inheritance.
• To issue a certificate to the heir without regard to the rights and legitimate interests of the other heirs.
• Confinement of an invalid will on the basis of which the certificate was subsequently issued.
• The passage by one of the heirs of a period of time to appeal to the notary and his request to the court for the renewal of the period (in the case of a court finding that such a period has been missed for a valid reason).

For the certificate to be declared invalidmust be brought before a court of lawwith a statement of claim indicating a request to do so, to provide evidence to demonstrate the invalidity of the document issued, in which case the documents must be attached to the claim,supporting body(s) of the vehicle(s) of the vehicle(s) or the vehicle(s) of the vehicle(s) or of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) approved by the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) of the vehicle(s) approved by the vehicle(s) of the vehicle(s) or of the vehicle(s) of the vehicle(s) of the vehicle((s) of the vehicle(s) of the vehicle(s) approved by the vehicle(s)This isn't real.

Petrov filed a lawsuit with the court in which he requested that the certificate issued by his daughter Petrova be declared null and void.

In support of his claims, Petrov provided evidence that, after his wife ' s death, he continued to live in an apartment owned jointly by them, continued to bear the costs of maintaining the apartment, paying taxes and other payments, the facts of which were documented.

Moreover, Petrov did not actually accept the inheritance and does not live in the apartment.

The notary ' s certificate included only his daughter as his heir, although they were both legally entitled to inherit equally.

Thus, the court revoked the illegal notary ' s certificate, recognizing the inheritance of the flat in equal shares for the surviving spouse and daughter of the deceased.

It was therefore best not to attempt to commit an unlawful act in order not to suffer any further problems in the recognition of the invalidity of the evidence, and such an instrument could serve as an adequate measure to restore its violated right.