What documents are needed to inherit: List, List

Many people have a moment in life when, after losing their loved ones, some of the seemingly formalities associated with the assumption of civil rights and the duties of the deceased have to be resolved, insofar as property rights are concerned, documents are important for the process of inheritance under the law; their existence or absence may greatly simplify the formalities mentioned above or, on the contrary, complicate the procedure of inheritance.

It should be understood, at the outset, that the inheritance or its entry may be made by will if the heir has left a written order concerning his property rights.

In addition, the law provides that the estate of the testator may be inherited by law.
This is the case in cases where the heir has not deemed it necessary or has not left a will; if there are no such papers, the heir shall inherit under the law in accordance with the procedure laid down in the Civil Code of the Russian Federation.
We will consider a case in which the heirs may inherit by law. How will they prepare in advance and what they will not miss? What certificates, acts, etc. will be needed to make the bureaucratic tape less painful? This will be discussed below.

An inheritance is greatly simplified if you have in advance a list of everything you need to accept the inheritance.

The list may vary depending on the property to be taken into its ownership.

List of documents required for inheritance processing

• Evidence of the death of the heir;
• :: Confirming the location of the discovery of the inheritance;
• Confirming the relationship between the heirs and the heirs;
• indicating the composition and location of the inheritance.

If you give the said evidence to a notary, you can be sure that the inheritance will be processed smoothly; but if it is incomplete, then you will have to apply to a court to accept the estate from the testator, who will not necessarily decide in favour of the prospective heirs.
Now, let's look at each of the above-mentioned points, so the first ones on the list are documents that confirm the death of the heir, which is, of course, a certificate from the civil registry of the death of the heir, or a court decision to declare the person dead.

It will also be necessary to confirm the relationship between the heirs and the heir, which can be obtained in the form of certificates from the civil registry or in the form of statements from the metric books; these may also be other documents that support such a relationship.

If, for any reason, the said papers could not be obtained, it would be necessary to apply to the court; the decision of the court, which established the relationship between the heirs and the deceased and which had entered into force, would be such a document.

Particulars of the location and composition of the equipment

In the case of a motor vehicle or other means of transport owned by the deceased, the notary must submit a certificate of registration to the authorized authorities.

If you do not have a contract, a certificate of contribution may be obtained from the bank.

When all documents are collected

When all the documents are received by the heir, the last thing he needs is an application for inheritance.It must be remembered that it is given to a notary not later than six months after the discovery of the inheritance, i.e. from the moment of the confession and registration of the death of the testator.

By failing to do so, the heir is obliged to apply to the court for the acceptance of the inheritance after the expiry of the prescribed period.
Another important point is that, having received all the necessary documents, the heirs turn to the notary, but we should know and bear in mind that not every notary will fit.

The law stipulates that the notary who is in the area where the deceased is registered must be contacted; notice, not the residence, but the propiska.

The law also provides for cases in which the heir does not have a propiska; this may well be the case; therefore, in order to avoid unnecessary court records, the legislature has provided for the application of a notary in such cases to the place where the estates are claimed by the heir.

Inheritance Documents — What Is It Needed to Be an Legacy?

In addition to property rights, inheritance involves a certain amount of work, and a complete set of documentation is required before you can inherit it.

From today's article, you will find out what documents are needed to process the inheritance, depending on the basis on which the inheritance takes place and the type of property, as well as what is required of the notary at the time of his first visit.

What documents are needed for a notary's inheritance?

The inheritance case is initiated when the first application is received from any of the heirs, and for this to be made to the notary office of the deceased ' s place of permanent residence.

Mandatory –passportfor the heir's identity card.

Other documents (confirming the death, the relationship and the last residence of the deceased, as well as the will if there is one) can be submitted at a later date at the time of the issuance of the inheritance certificate, but it is desirable to have them at the time of the first visit to the notary, which will provide more information that may be important for the continuation of the case.

If the heir is unable, due to any circumstances, to appear in person at the office, the inheritance may be accepted through a representative.Counsel ' s passportandpower of attorneyTo exercise his authority to do so.

The second option, where it is impossible for the heir to act independently (in the case of residence far from the place where the inheritance is opened) -Send an application for an inheritance by postThe applicant ' s signature must be certified by another notary to which it is possible to reach; it is not necessary to attach additional documents to the application.

Documents to obtain a certificate of right to inheritance

Now, let's talk about the documentation required to process the inheritance rights, which must be submitted before the date on which the inheritance certificate is issued; depending on the grounds for the inheritance, this list will be different.

List of documents to inherit by will

1. certificate or death certificateissued by the registry body;
2. Home book(and if the deceased was living in an apartment, an extract from it) or a certificate from a passport table containing information about the last residence of the deceased and of the persons living with him;
3. Property documents(Details will be given below.)
4. Property valuation document(act, report, valuation certificate, etc.);
5. Will;
6. certificatethat the will has not subsequently been revoked or modified.

List of documents to inherit without will (by law)

In the absence of a will in the case, the heirs will require the same documents as indicated above, with the exception of paragraphs 5 and 6.

Instead, they will have to prove that they have a relationship with the deceased, i.e. to provide documents confirming the relationship.Certificate(s) issued by the registry body:

• On birth;
• Marriage;
• on the change of the FIO;
• Adoption, etc.

Succession documents after the death of the spouse

If a surviving spouse takes the right to inherit, he or she must be given one of the documentsxerox of marriage certificate(The original is also provided for the authentication of the copy).

In addition, in the case of a marriage between spousesMarriage contractwhich alters the content of the parties ' rights to property acquired during marriage, it is also necessary to present it to the notary in order to determine the composition of the estate.

Documents required for the inheritance of the home (other real estate)

 

In order to qualify for housing or other real property rights, in accordance with paragraph 3 of the above-mentioned list, the following property documents must be provided:

• Law-making, i.e. those on the basis of which the deceased became the owner, they may be a contract of gift, sale, exchange, privatization, a certificate of inheritance, a court decision, etc.;
• legal confirmers:: Judicial certificate of State registration of rights (if a residential home with privatized land is inherited, there should be two certificates, one for each type of property);
• cadastral passportIn real estate;
• Information from the Bureau of Technology (BTI)containing the inventory value of the property at the date of death of the testator.

Due to the fact that the BTI certificate indicates the value of the immovable property on which the amount of the public service is calculated, no additional assessment documents are required.

However, if the heir so wishes, such a document may be made available.

This is usually done to reduce the amount of the notary duty if the additional document estimates the property at a lower cost than the BTI certificate.

What documents are needed to inherit?

"Go there, I don't know where, bring what, I don't know what." For those who have encountered the work of officials, authorized persons exercising authority or issuing authorization documents, including notaries, it becomes obvious that this is their work motto.

However, only a lack of understanding of the entire procedure for accepting property and a lack of knowledge of the documents required to inherit add to the heir's chances of re-entering the same burglaries.

It is only when you are fully armed, equipped with knowledge of the law and a complete package of documents that you can avoid an endless desk record and turn an intangible right to inheritance into real money or property.

Application for the opening of an inheritance case

After the death of the deceased, the applicant must apply to the notary at the place of residence of the deceased or, if it is not known, at the territorial level of the majority of the property.

To download the application for a certificate of succession (model)

If the property is claimed by more than one relative, each person writes a statement, no collective appeal is allowed; if the heirs are not in contact, the case will be handled by a notary, to whom the first applicant will turn; in cases where the inheritance is made in a will and a document is issued in an office, the matter must be referred to the place where it is kept.

In legal practice, it may be that the heir has lived in a different city or country in the last years of his life, in which case the application is submitted to the office where most of the real estate is located.

Core inheritance package

• A certificate of death issued by the registry office or a court decision declaring the person deceased.
• The passport of the heir with an up-to-date photograph, for foreign nationals other than the original, requires a notarized translation of all pages.
• For a second spouse, a marriage certificate.
• For children, a birth certificate indicating the parents, and for married daughters, an additional certificate from the registry on the change of family name.
• For the dependents, the court's decision on the right to inherit.
• For adopted children, adoption certificate.
• An UVMS report or an extract from the home of a book confirming the registration of the deceased.

These documents must be of whatever property the heir leaves, and in the event of the refusal of one or more relatives to inherit, a written document must be submitted to any notary office.

Useful information!In the event of a succession by grandchildren or other relatives of the right of submission (when the person claiming the inheritance died before the opening of the inheritance, or at the same time as the heir, the right passes over to his direct descendants), a record from the registry and metric books confirming the relationship will be required.

Documents for inheritance of immovable property

Under article 130 of the Civil Code of the Russian Federation, the rights to immovable property must be registered by the State; this requires the notary to verify the validity and relevance of the information concerning the deceased ' s property.

• A certificate of ownership, a state deed to land, is provided for each object.
• If the heir has not yet acquired ownership under the contract by which he became the right holder, the original of the document.
• Expert opinion on the value of real property.
• Technical passport, statements from the cadastre office on the allocation of the registration number to the land section.
• Exit from the EGRN for each object from Rosreestre.

In practice, there are often cases where documents are lost or the heirs are unable to submit part of them; the law allows notaries to make requests to the relevant public authorities to obtain duplicates, as well as to apply to accredited organizations for assessment, surveying or other technical documentation; the costs are borne by the applicant.

Documents for inheritance of movable property, business, bank deposits

For similar reasons discussed above, the following will be necessary for the inheritance of vehicles:

• Passport of technical equipment.
• Technical survey certificate: Information in PTS and act must match engine, body, other basic parameters.
• Expert assessment of the value of the vehicle.

In order to obtain a share in the business, it will be necessary to:

• The company ' s charter;
• A statement on the composition of shareholders or founders;
• an extract from the EGRUL.

To obtain bank deposit rights:

• A contract for the opening of the account;
• A bank statement.

The notary is entitled to request other documents if they are necessary to confirm the deceased ' s rights to the property or to confirm that it is possible to transfer them on inheritance, mainly in the case of copyright or intellectual property.

Documents for the confirmation of the compulsory share of the inheritance

Article 1148 of the Criminal Code defines the range of persons entitled to claim inheritance regardless of whether they are included in a will or in an open succession:

• The minor children of the deceased;
• Unable to work dependants;
• Unable to work parents;
• Unable to work spouse.

However, only the first group of persons with disabilities enjoy the unconditional right to a compulsory share, and the second and third groups need to be provided with additional certificates or conclusions on their inability to enter the labour market.

In practice, there may be cases in which a person has been disabled shortly before death or within six months of the date of discovery of the inheritance, in which case a copy of the application for medical and social examination must be provided.

Useful information!Adopted children lose their right to inherit from biological parents.

However, if a relationship has been maintained in the course of a conscious life, and both children and biological parents have recognized such a relationship, the court decides that a person is entitled to the property of the biological father and mother, and the right to inherit from the adoptive parents is not lost.

Collection of documents through court or with the assistance of a representative

In most cases, close relatives have no problem with the collection of documents; if a lawyer is approached, it is sufficient to have the authority to represent their interests and to forget about the endless walk in the offices of officials. It is also important to understand that documents for movable and immovable property, as well as pais, shares in business and bank deposits are prepared only once. If there are more than one heirs, collection responsibilities can be shared; this will save money and significantly speed up the process.

It's more difficult if any of the documents are irretrievably lost or they cannot be obtained by law, in which case you have to go to court.

It's not even about extra costs, it's about the length of the procedure and the need to prepare a bunch of accompanying papers.

It will take two to three months to collect a full package to process the inheritance, and it will be necessary to start this immediately after the death certificate has been received. Although the application is made within six months, it is not necessary to delay it. The later the notary is contacted, the more likely it will be that the certificates and documents will have to be restored from the archives or by the courts.

Succession documents: list, preparation, rules

• Donation agreementis considered the most controversial legal form of transfer of property rights from the owner to the heir.
• Will- the most convenient.
• Automatic entry into rights- the most labour-intensive, and yet it's often the one we're talking about, if it wasn't written in a man's life that wasn't a gift or a will.

One advantage is that if there are relatives who may claim property, but they do not know the other members of the family, it will never be clear, and those who are close to the deceased will enjoy all the benefits.

Legacy rules

There is no real cause for unrest, even though a document has not been prepared to protect the deceased ' s right to freely dispose of all property, to hand it over to his immediate family or to the outsiders at his own discretion.

In accordance with the legislation of the Criminal Code of the Russian Federation, the property must be automatically handed over within six months to the spouse, children or parents of the deceased, but the documents required for the procedure must be prepared by the heirs themselves; otherwise, all the assets will be left to no one, without ownership; in the end, they will be handed over to the State.

It is not lawful for a deceased person to inherit his brother, his sister, his aunt, his uncle, and others.

Preparation of inheritance documents

Six monthsis the time given to all interested persons to prepare documentation confirming their rights.

Legalizing the transfer of property to the new owner should be entrusted to the notary State of the administrative district, which is only within its competence.

List of inheritance documents

The public notary will request the following documentation, originals and copies:

• A declaration of consent to the inheritance, which is written in the presence of an authorized public official;
• A death certificate for a relative;
• Documents which can confirm the existence of affinity;
• The heir ' s identity;
• Certificate of registration at the time of death from the passport table;
• ERCI report;
• An extract from the home book on de-counting;
• Confirmation of the absence of arrears for utilities;
• Bank deposits of the deceased, if any, other types of property.

Some other references, certificates may be needed. The full package of papers is always determined individually.

What documents are needed for inheritance

The collection of the required documents is the longest, most unpleasant and labour-intensive process in the process of preparing for the adoption of the estate. If the successor or heir is a pedantic, punctual, thinks about the future and contains all the papers in perfect order, then it remains to be known from the notary,What documents are needed to inherit?If you don't have the documents, you're gonna have to do a lot of work, money, and time.

It is not always for the heirs of any order to seek inheritance, but it is not lawful for them to give up their inheritance if they wish to do so.

• There are other heirs in need of housing, more money than he;
• There is only one debt left of the property;
• There are many applicants, and in the end there is no point in crushing the inheritance;
• I just don't want to do the inheritance thing.

The cause may be mass, but in any case the heir, who is entitled by law to inherit all alone or in association with others, will have to write a refusal.

If a person claims an apartment or a home, he or she needs to express his or her wish by writing to the notary about his or her intention to inherit.

It is from this point on that time that the successor will have to collect the paperwork together with the application.

It's important! If there are more than one heir, each of them has to go through the document collection procedure alone. It's not a "one for all" option, even if 90 percent of the paper is repeated.

The application is filed with the notary office where the estate will be discovered.

If the inheritance after the husband ' s death is made by a will of him, the widow must refer to the notary in whose possession it is kept.

In the collection of papers, there are incontrovertible ones that must be taken, regardless of the procedure for the opening of the estate, and there are secondary ones that may be required in exceptional cases, because the procedure itself has a lot of variations depending on who enters, how many heirs, what turn and what kind of nuances it is.

Key documents include:

• Those who confirm the death of the heir.
• Anything that indicates the identity of the successor;
• Establishing a relationship with the deceased (if the inheritance is not made by will);
• The will;
• Form No. 9 is a certificate from the HEC (home book) confirming the last place of registration and residence of the deceased;
• A certificate from the UMM (National Migration Division) that the deceased has been removed from the register due to his death.

If the heir is not present at the opening of the case and all the powers are transferred to his representative, the latter must confirm this right, and custody documents and power of attorney are in progress.

• It all depends on what constitutes, who claims and who refuses, the heirs of what order they will write a statement, why (death, absence of other applicants) and many other aspects.
• To a greater extent, these are technical documents that give an idea of the property and the people who claim it.
• List of papers that may be required:

• Family composition certificate (who lived with the deceased);
• Refusal of potential beneficiaries in favour of others or rejection of the inheritance mass at all;
• The documents that confirm the composition of the estate (certificate for the apartment, house, land, car, paper supporting the property of the business, share of the case, etc.), that is, everything the deceased owned under the law and claimed by his successor.

Until 2015, the heir should have received an extract from URPO stating that the estate was not registered, sold or under arrest, and the new rules required the notary to do so on the basis of a list of the estate by checking all possible obstacles that might be encountered in the course of the heir ' s journey.

The outcome of the dispute was not always positive, but could be studied in detail.Free advice from a lawyer, which can be obtained throughonline formor by telephone inMoscow+7 (499) 577-00-25 ext. 532 andSaint Petersburg+7 (812) 425-66-30, ext. 532, will help solve your problem.

The certificate, which gives the right to inherit the deceased, is the endpoint for which the entire process of investigation of the collection of documents is initiated, and the paper confirms the right of the successor to inherit the deceased, listing everything that the applicant can legitimately claim.

The certificate is issued six months after the discovery of the estate, during which time applicants must contact the notary, collect all the documents in the folder, attach a statement to it.

Six months is given not only to collect papers, but also to allow all potential beneficiaries to learn about the death of the testator and to claim their rights to property.

Often relatives who have lived with the deceased deliberately do not report his death to others, wishing to obtain a single use.

However, the degree of kinship and the right of succession has not been abolished and even if a child from one marriage or an extramarital (but recognized by the father) has learned of his death six months later, he has the right to challenge the division of property before a court.

Often, a potential heir after the death of a loved one is in shock, may have health problems or may not have time to go around, and many people will have to go around (JEC, D.S.A., U.S.A., archives, banks, HYBDD, etc.) and in each structure, a lot of trouble, if the inheritance documents are not all right.

The problem is simply to give the notary a power of attorney to conduct the inheritance, and the assistant can be both a close person and a hired but reliable person.

Often, legal counsel (lawyer) may act as a trustee if the case concerns an inheritance that is very difficult to challenge.

An example is the situation where a man who has acknowledged his child many years ago but has no contact with his mother has put all his property in the hands of his lawful wife and children.

In fact, a child born out of wedlock has the right to inherit, but since the man has made sure that he does not receive it, he will have the right to prove it in court.

It's worth money, but it's gonna be easier to prove that you're involved in property and get what you owe.

It is not worth mentioning that a person may dispose of his or her property, nor may fraud, abuse of his or her rights and deception be excluded.

If you have any questions, our on-call lawyer is ready to consult you for free.↓

What documents are needed for inheritance

In the process of the inheritance, there are many legal intricacies and difficulties that are important for the successful outcome of the case.

The most important and, at the same time, the most difficult point is the process of preparing documents; sometimes the absence of any minor certificate, in the opinion of the heirs, may delay the process.

Therefore, the applicants for the deceased's property will have the necessary knowledge of the documents needed to inherit.

List of required documents

1. Heir's passport.
2. Death certificate.
3. This may be a birth certificate, a marriage certificate, certificates, etc.
4. Form 9 certificate from the last residence of the deceased.
5. The testimonial of the testator ' s birth if the deceased ' s parents inherit it.
6. Certificate of change of last name (if any).

In addition to mandatory recruitment on a case-by-case basis and depending on the type of property, additional papers are required:

• In the event of a will, an original document must be provided.
• In the form of an inheritancefor the apartmentThere is a need for a Real Property Certificate and an extract from a home book with a registered list of persons registered on the premises, an extract from the EGRP without encumbrance of the facility.
• Successionlandwill require the provision of documents for it, an cadastral passport of the land, a document on the valuation of the land.
• Claimerfor motor vehiclesThe successor needs to submit a PTS, a car registration certificate, a TC evaluation report.
• In the form of an inheritanceDeposits and bank accountsor securities need to give the notary full details of the bank.
• Garage applicants need to be provided with documents establishing their right to them, documents from the SCK (if any), the building's cadastral passport, an extract from the EGRP, and an assessment certificate from the BTI.
• Refusal to inherit is based on the presentation of a passport, related documents and a death certificate.

The documents for the inheritance must be in the form of originals accompanied by photocopies.

The package must be accompanied by a receipt for the Minister of State, the amount of which depends on the estimated value of the property and the line of relationship with the heir:

• 0.3% for the heirs of Releases 1 and 2, but not more than 100,000 roubles.
• 0.6 per cent for other relatives and strangers, but not more than 1 million roubles.

Legacy is not a complex process.The mastery of the will resolves all inheritance disputes in its own right, since it allocates shares and identifies specific persons to whom parts of the property are due.

If the heir has not left a will, the principle of inheritance will enter into force under the law; there are eight rounds, from children, parents and spouses to very distant relatives, who may inherit in the absence of the direct heirs of the previous rounds.

There are, however, a number of persons who cannot be left without a share of the inheritance, even if there is a will, including the minor children of the heir, disabled spouses and parents.

Under the law, heirs may accept or renounce the inheritance or do not claim their rights at all.The application shall be submitted to the notary and the document shall have no retroactive effect.

The exception is to receive such a refusal by means of threats to the heir by law or will.

If the existence of threats is proved, the inheritance case is reopened and the person who refuses to do so may receive the share of the property due to him or her under the law or the will.

How to Inherit

In order to open an inheritance case, the person concerned must contact a notary, whose choice depends on the manner in which the right is acquired:

• The will is inherited from the notary office responsible for drafting the document.
• If you inherit by law, you can contact any notary office at the place where the heir lives or where the property is located.

An inheritance case is opened at the notary office after the application has been filed.

In any event, a notary must be contacted not later than six months from the date of the death of the testator.

Legacy is a process that requires careful preparation and provision of a complete package of documents; the absence of any paper can make it impossible to inherit.

It is therefore advisable for applicants for the estate of the heir and the owner of the property themselves to be responsible for collecting and storing documents for the inheritance so as to conduct the process quickly and without unnecessary problems.

List of inheritance documents

The process of acceptance of the inheritance does not represent difficulty if the successor has not missed the six-month period specified in the law, has provided the notary with the necessary papers, and there is no disagreement over the property and the order of succession.

We're gonna tell you what documents we need to claim and provide the notary for the inheritance.

Property inheritance

The successor may convert the property by requesting:

• To a notary office;
• In court, if the notary refused to issue the certificate.

If you're interested in the question of how to process the inheritance through court, read this article.

1. Deregistration of the heir who was the owner of the property; for this purpose, to apply to the registration office to provide a copy of the death certificate;
2. To visit a notary so that he may file an inheritance and issue a certificate of inheritance;
3. To collect the additional documents required for the registration of the property;
4. To obtain a certificate of right to inherit;
5. Call the registration office, which will re-register the property to the new owner.

Succession documents

The first thing that should be done is for the successor to take possession of the estate.

The application form may be submitted by a notary dealing with an inheritance case, and the procedure for entering into the inheritance begins from the time the application is filed. The second stage is the collection of documents. All the documents required for the conversion of property can be conditionally divided into two parts, standard and special.

Standard package of documents

The following documentation will need to be provided in any event, regardless of the conditions of inheritance and the type of property:

:: The identity of the successor:

• Passport;
• Birth certificate (if the successor has not attained majority);

Evidence of a person ' s death:

The location of the opening is as follows:

• Data from the management organization, a copy of the book at home, other documents containing information on the last residence of the heir;
• Deregistration certificates from the territorial Finnish Immigration Service;

Confirming the existence of affinity which gives a family member the right to legal inheritance or to a compulsory share:

• A passport with a mark on the registration of the marriage and the birth of the child;
• Registration/dissolution certificate;
• Documents relating to the change of family name;
• Statements or other documents issued by the Office of the Registrar;
• The court ' s decision to establish affinity;
• The will (if any);
• The power of attorney (if the interests are represented by the trustees instead of the heirs).

Invited papers

The list of supplementary documents for each case is different, meaning the type of property that is part of the inheritance.

Documents for the registration of an inheritance dwelling

• Re-registration of housing requires legal, technical, cadastral and assessment documentation.
• Thus, the register of documents is as follows:
• The right-to-place documentation on the premises:

• - treaties on privatization, acquisition, exchange;
• A gift;
• A certificate of right to inherit;
• A court decision on the recognition of housing rights (in the event of a dispute on the matter);
• Information on the payment of mutual contributions (if the apartment is purchased from the housing and building cooperative);
• Other documents confirming the ownership of the dwelling;

Documents confirming the registration of ownership and the valuation of real property:

Until 1998, state real estate registration was carried out by the BTI territorial authorities (Technical Inventory Office) of JPJF (Department of Housing Policy and Housing).

Since 1998, it has been necessary for the State to register property rights to be referred to the authorities of the Federal Office for Foreign Affairs (Rosreest).

Thus, it is necessary to provide:

• Department ' s certificate (if the owner has taken possession of the dwelling prior to 1998) or Rosreest ' s certificate of State registration of the right to an apartment (if ownership is granted after 1998);
• The passport of the Federal Land Registry Chamber of Rosreestra containing the cadastral value of the real property (on the date of the death of the owner) or an exposition certificate of the MBI with the technical characteristics and estimated cost of the dwelling (also on the date of the death of the testator);
• An extract from the EGRP (Universal State Register of Property Rights) issued by the Rosreestra authorities.

What documents are needed to inherit 2023 — by will, on the ground, on the car, after death, list

When a person dies, his heirs often do not wish to delay the process of obtaining the property of the deceased, but the successors should remember the nuances of the procedure and gather all the necessary documentation to prove their rights.

Means of obtaining property

There are two legally established ways in which a citizen can inherit.

By law

Succession under the law involves the acquisition of property by successors in accordance with the proximity of their relationship to the heir.

First, the next of kin: the spouse, the children and the parents of the deceased, and if they do not exist or refuse to do so, the following lines of kinship are called upon.

And if there is no will, then the property of the deceased shall be shared equally among all the successors of the call.

By will

The acquisition of property by will is a priority means of inheritance over others; if such a document is present, the division of property shall be in accordance with the will of the testator set out therein.

The testator may include not only relatives but also other natural or legal persons among his heirs.

If a part of the property is not regulated by the content of the will, it shall be divided between the relatives according to the law.

Who has the right

The following categories of inheritance may be obtained in accordance with the will:

• Living citizens;
• A child born after the death of the heir;
• National and international legal persons, the Russian Federation and foreign States.

Under the law, the beneficiaries of the call line may receive the property; these may be blood relatives and named relatives, as well as dependants of the heir.

In addition, direct descendants of deceased heirs may be entitled to inheritance, for example, in the absence of the surviving children of the heir, his grandchildren are entitled to take possession of the property.

If no successor has taken his or her rights or relinquishes his or her property, the estate of the he or she shall be deemed to be dead and to be in favour of the municipal authorities or the State.

What time is it?

The successor must declare his rights not later than six months after the heir ' s departure from life; his death may be confirmed by a certificate from the registry office or by a decision of the court to declare the person dead or dead.

If the summoning line has not become a legal inheritance in six months, the second and next rounds have three months to claim their rights.

If the priority successors refuse to do so, the duration of the inheritance of the remaining relatives is six months.

Which authority should I go to?

The heir has to go to a notary office to accept the inheritance; if the notary refuses the applicant, it will be necessary to defend his rights during the proceedings.

Court

An application for recognition of the heir ' s rights, in which a citizen sets out his claims and claims, will be required before the court.

A suit with a package of documents must be filed at the location of the deceased ' s property.

If the court ruled in favour of the applicant, the document would constitute a confirmation of the heir ' s rights.

Note

In the first place, the heir should contact the notary office at the place of the will, the registration of the heir or the location of the most valuable property in the estate.

The notary must be provided with a statement and documents.

The specialist must review them, make the right division of property between all successors and issue a corresponding certificate of the heir ' s rights to each of them.

What documents are needed to process the inheritance and where they can be obtained

The required documents for the inheritance are discussed below, depending on the type of property left to the successor.

General List

The common list of documents for succession, which is common in all cases, includes such documents:

• Written declaration of succession;
• A document certifying the applicant ' s identity;
• The death certificate issued by the civil registry office or the court ' s lawful decision to declare a citizen dead;
• Reports containing data on the last place of registration of the heir (home book, papers of housing departments, etc.).

If the inheritance is made by will, the document shall be submitted.

If the procedure is carried out under the law, the applicant must submit documents confirming his or her relationship to the he or she; if the applicant is in charge of matters, a representative must be given the power of attorney of his or her rights.

Real property...........................................................

If the successor inherits immovable property, the list shall be supplemented by the following documents:

• Right-making documents for housing;
• Information on the list of all citizens living in a house or apartment;
• The cadastral plan;
• Documents on ownership of housing;
• Valuation of assets;
• Data on the absence of debts on utility payments or other charges (account statements, tax certificates, etc.).

The following documents are classified as establishing real property rights:

• Sales, gifts, men, privatization papers;
• Certificates of heir ' s rights or land ownership;
• Paper on the owner ' s rights to a garden house, the payment of housing in a cooperative, the opening of a bank account;
• The decisions of the courts to recognize the person as the owner of the property.

Contributions

In inheriting bank deposits, the successor must provide the notary with the relevant deposit agreements and bank institution documents.

Auto

In the event of a car being inherited, the following documents must be submitted:

• Right-posting papers for a car, e.g. a contract of sale or exchange;
• Certificate of registration of the car and its technical passport;
• Certificates confirming the market value of the vehicle;
• Disability certificates or proof of dependency status (if necessary).

Enterprises

If there is a business in the estate in which the deceased was involved, the heir should be provided with the relevant data of the register of shareholders of the organization and the company ' s statutory and constituent documentation in the notary.

Area

The inheritance of a plot of land will require an cadastral plan from Rosreestre, a contract (purchase, gift, exchange) or a certificate of ownership of the land.

There is also a need for site assessment papers, data on the absence of land encumbrances and a certificate of registration of property in the EGRB.

Process modalities

Initially, the successor needs to draw up an application and file it with the notary; the public official will accept the application and provide a list of the necessary documents to be delivered for subsequent succession.

The notary then accepts all the papers, applications and refusals, collects all the information on the possible successors to the estate and, on the basis of this information, divides the ownership share among all the applicants.

The heir ' s right to property is confirmed by the certificate which the notary issues as a result of the inheritance proceedings; if there are conflict situations, disputes and claims, the successors will have to satisfy them in court.

How to Avoid Mistakes and Inaccuracy

In order to avoid errors during the inheritance process, the successors need to pay attention to the correct processing of documents.

There should be no corrections in all papers, the handwriting should be legible, the figures and data should be clearly written and not ambiguous.

All documents must conform to the form prescribed by law, be genuine and valid.

If the deadline is missed

When the six-month period for inheritance is missed, the heir has the possibility of restoring it.

This can be done by agreement with the other heirs or by judicial means by means of a statement of claim.

If an agreement is reached with other applicants, the notary must be provided with a document on the basis of which he transfers all shares, taking into account the rights of the re-established heir, and all certificates previously issued by the notary shall be declared null and void.

If the other heirs refuse to do so, they will have to go to court to restore the deadline, and the claim for restoration must include the reasons why the heir was late in claiming his rights, and the serious illness, travel or other circumstances that prevented the timely filing of the application are recognized as valid grounds.

Effect of the procedure

Once the application and all the documents have been submitted to the notary office, the heir will receive a certificate confirming his rights.

On the basis of it, a citizen may, in the future, establish his or her inheritance property and become the full owner of the property.

Which laws are relevant

The inheritance of property is regulated by the provisions of the Civil Code of the Russian Federation; matters relating to the documentation of citizens ' rights to inheritance are regulated by the same Code, matters relating to the payment of duties are dealt with by the Tax Code of the Russian Federation and acts of the notary are dealt with by internal regulations of the Ministry of Justice.