Succession after death after six months: whether and what is needed

The death of a loved one is always sad and unexpected, even if a relative has been ill for a long time. Stress, grief, and perhaps many other situations, such as the lack of knowledge of what happened, prevent the heirs from exercising their legal rights to inherit on time, six months later.

There is a need for knowledge of the law that allows citizens to inherit after six months ' intestate, and a certain package of documents and procedures will be required from the heir.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.
 

If you want to know,How to solve your problem is to use the form of an online consultant on the right or call on the phone at +7 (499) 450-39-61. It's quick and free!

Calculation of the six-month period: counting started

The law specifies the general period of succession -151 (152 days).If the said time has expired and the legal heirs are absent or denied, then their rights will be passed to the heirs of the next line.

Attention.For persons in non-first position, the period of acceptance is reduced to three months.

In view of this information, it is worth knowing a number of nuances of the process of succession after six months:

1. The law indicates the beginning of the calculation of the time of the commencement of the inheritance case from the day on which the heir died or was found dead by the court; in fact, the calculation is made with the number following the date of death.
2. The successor's lack of knowledge of the heir's death, the existence of valid reasons to prove that there is no real possibility of becoming a party to the right – grounds for renewal of the period – requires a judicial decision, the result of which has been the cancellation of the previous evidence.

In order to exercise its legal rights, a citizen must file an application with the courts not later than the six months specified by law from the date of receipt of information on the death of a relative.The application becomes grounds for invalidating the previous evidence and re-opening the inheritance case.

Here you can read about what to do if the deadline is over.

The possibility of requesting the consent of all real heirs to the restoration of rights is recognized as another option.

What it takes to inherit after six months

Succession, by law, must be in accordance with a special procedure involving the sequence of certain actions and the observance of specified time limits.

The most important act of the heir is his will to accept the inheritance rights and duties of a deceased relative.

The content of article 1153 of the Russian Civil Code indicates the need for the successor to seek the services of a notary, by means of which a declaration of willingness to inherit is made.The following activities should follow:

1. Preparation of a mandatory documentation package and transmission to the notary.The list of required papers must be established by a notary and must be specified with the employees, and a death certificate must be issued.
2. Retrieving the heir's order.National laws clearly specify the citizens who are allowed to succeed, but by means of a will, a person has the right to determine his or her successors; in the absence of reliable information on the existence of such a document, action is required to search through a notary (the will is registered).
3. Visit to the notary office.Activities may be carried out at any time limited to the date of expiry of the inheritance; however, the application is preceded by the documentation process.
4. Payment of a State duty specified by law: The processing of a document allowing the right to inherit after six months and the amount to be paid in accordance with the law shall be explained and given by a notary; services shall be subject to payment of an official fee in the amount determined by the tax authorities; the cost of the inheritance after the death after six months shall be calculated on the basis of the criterion of relationship and the amount of the valuation of the inherited property.
5. Collection of certificatewhich proves the legality of a person ' s acceptance of a deceased citizen ' s property.

Realization of inheritance rights until the end of six months

• If the time prescribed by the regulations has not expired and a person wishes to take possession of the property of a deceased relative, no one may prevent it.
• A temporary period, limited to half a year after the death of the heir, is necessary for the adoption of property in accordance with the law, the opening of the case and all activities to be carried out.
• The beneficiaries, if they do not inherit after six months, may lose it: the unclaimed property of the deceased citizens becomes the property of the State.

It is possible to learn how to inherit if more than six months have passed by extending the time of acceptance of rights and obligations through the courts.The successor must provide convincing evidence of the reasons that prevented him or her from complying in a timely manner with the acts prescribed by law.

By submitting certificates and documentation on treatment, travel and residence abroad, the successor can be expected to restore time.

It's important.When a succession case is opened, the time of its adoption may be deferred if the deceased heir is found to have unborn children (before birth).

There is a need to address the issue of what it takes to inherit for up to six months.

The above data may be provided by documents provided by the authorized authorities (GASS).

The time limit set by law has expired: How to obtain what is due?

1. Having been deprived of the right of succession under the law because of non-compliance with the deadline, many wonder whether it is possible to inherit after six months, which must be done.
2. Legal and judicial practice allows for the resumption of missed time and the implementation of a full range of activities aimed at restoring legal inheritance.
3. To this end, the following ways may be considered:

1. Out-of-court, with the possibility of requesting certificates from successful heirs and of obtaining their consent to the possibility of exercising their inheritance rights, the consent obtained allows the notary to proceed with the processing of documents within the limits laid down in the general rules.
2. The judicial option is available when the assistance received from the beneficiaries is refused and requires the filing of a statement of claim, specifying the grounds (respectable, proven) for non-compliance with deadlines. (Very rarely) evidence is used in court.

Is it possible to inherit after six months?The law doesn't rule out that possibility.

Ways of accepting an inheritance after the statutory six-year period

In order to remedy the situation, it is recommended to refer to the notary and provide strong evidence of respect for the reasons for non-compliance with the law.

Traditionally, a notary who is not authorized to derogate from the legal procedure of succession refuses to restore rights, and only through judicial proceedings can the matter be resolved under civil law.

We address the servants of the Femida.

Respectable reasons that led the legitimate heir to a failure to comply with the prescribed time limits allow the court to consider the claim.Where there is a general structure of claims, their content may vary significantly, as the criteria of the cases in question contribute.

Claim: Model and rules of procedure

The application to the court for succession after 6 months must have the following information:

• Address and name of the judicial structure that receives the claim;
• Information on the successor to the deceased and other applicants;
• Personal information on the heir;
• A description of the inheritance case opened by the notary;
• Conditions leading to non-compliance with the time limit;
• Evidence of the reasons given;
• A request from the heir to the court for the renewal of the period of succession;
• A list of documents demonstrating respect for deadlines;
• Number, month and year of action;
• signature.

The following documents should be attached to the statement of claim:

• Trust in the representative;
• Xeroxes of claims for the applicant and other interested representatives;
• A receipt for payment of State duty;
• Documentation showing respect for deadlines.

Pick up a sample.

The action shall be brought before the court at the defendant ' s place of residence or at the address of the property not later than six months after the violations have been corrected.

On the basis of the outcome of the examination of the case, the court makes either a positive or a negative decision; if a positive decision is taken to extend the time for the inheritance, the citizen must file an application.

It's important.The content of the application and the list of binding documents can be found on our website.

Notarized return of deadlines

In order to know how to accept an inheritance after six months without trial, it is necessary to keep in mind the possibility of seeking the assistance of all beneficiaries, and if they have a friendly relationship, they can apply to the notary themselves, indicating their consent to the invalidation of the evidence in their possession.

The application for succession to the list of beneficiaries shall be considered by a notary according to such criteria:

• The fact that a certificate has been issued to other heirs;
• The fact that the rights of the successors have been acquired;
• The fact that property is likely to be distributed.

The absence of evidence and the consent of all beneficiaries enable the notary to decide whether to return the period.

What should we do and what documents should we store?

The document shall be issued in one copy and certified by a notary.The most important condition is the presence of all the heirs.

The duty of the notary is to make the heirs aware of the nature of the change in the share or the implementation of the removal procedure in the circumstances.

The certificates issued earlier are cancelled and new ones are issued; the amended data are entered in the Register of Real Estates.

Conclusion

If the date of acceptance of the inheritance has expired, the activities associated with its restoration have become difficult and complicated. A mastery solution to a complex issue requires the participation of real professionals who can find the right way out of any difficult situation.

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Find out,How to solve your problem, call me right now:

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Succession six months after death under the laws of the Russian Federation

It seems that the time of death of relatives or loved ones is still a long way away, so most of the time they leave is a big surprise, and in the six months that follow this unpleasant date, many relatives simply fail to get the right to inherit property.

And when the inheritance is made known, there is not much time for it.

Who can legally inherit the property of the deceased?

It is not always the case that so many relatives, relatives, or acquaintances are present in the life of a person, as is the case after his death, when an inheritance is discovered.

These may be close relatives, friends, neighbors, and just acquaintances who cared for or helped a person before he died.

The best way out of this heir situation, of course, would be a will made by a dead relative, but people don't always think about what's gonna happen after them, and they don't see the need to write this important document. If there's no will, you have to follow the letter of the law.

Legislation relating to the matter contained information on the principle of inheritance; there was a so-called "priority"; property should be given to the person closest to the heirs.

According to the laws of our State, seven inheritors stand out:

• Couples, children, parents;
• Fathers, grandparents, brothers and sisters;
• The brothers and sisters of the parents;
• Gradies, great-grandmothers;
• Sisters and brothers of their grandparents, cousins;
• Great-grandparents, nephews, cousins, uncles;
• The children of the husband, the wives, the unborn mothers, the fathers.

The husband/wife who was legally married to him or her at the time of his or her death shall have the primary right to have his or her step-father; when a person is not married, his or her property may be given to his or her parents, but only if they have not been deprived of their parental rights.

If the deceased's wife bears a child at the time of his death, the child may also be the heir.

The legislation of our State has established at its level many issues relating to the timing of the adoption of the inheritance, and there is a general and extended period of time (art. 1154 of the Code of Criminal Procedure).

If a citizen has died (art. 1114, para. 1), the day of the opening of the inheritance shall be deemed to be the time of the entry into force of the court decision declaring the citizen dead.

If the heir of the first line is unwilling or legally denied the right to inherit (art. 1117 of the Criminal Code of the Russian Federation), persons belonging to the following line may become legal owners of the property; they may apply for the inheritance only after the day on which they have the right to do so (art. 1154, para. 2 of the Criminal Code of the Russian Federation).

However, these persons will not have six months to take this step; if the first heir refuses, the applicant will have only three months ' time after the end of the half-year following the death of the citizen (art. 1154, para. 3, of the Criminal Code of the Russian Federation).

Basic principles for the acquisition of the estate of the heir:

• The process of acceptance of the inheritance begins on the date of the death of the testator, or upon the entry into force of the court ' s ruling on the death of the citizen;
• The property may be accepted within six months of the opening of the inheritance (arts. 1114 and 1154 of the Civil Code of the Russian Federation);
• In addressing the notary, it is important to prepare certain documentation;
• If one of the potential heirs wishes to clarify the existence of a will, he may contact a specialist.

Sometimes the duration of the inheritance is extended, first of all, when the person is entitled to the inheritance after the priority has failed, i.e. the new heir has three months left, which is calculated from the end of the six-month period.

For an additional six months, persons claiming property may apply to the court for a waiver of the priority heir ' s right; when citizens, for whatever reason, do not exercise their rights on time, they may apply to the court to resolve the problem.

In order to obtain a certificate from a notary, you only have to sign the relevant register, and no one can ask you for a certificate.

No matter how hard you try and hope to get the certificate early, you won't be able to do it.

There is a law: six months later, you get a document, then you have to register the property with the relevant authorities, only then you become the owner of the property.

How do you get the inheritance in six months?

The heir must, within six months of the death of the citizen, inform him of his intention to enter into the inheritance, during which time he must be thoroughly prepared for the procedure; first of all, he must collect the necessary documents; the certificate may be obtained by means of the six months prescribed by law.

There are cases in which the heirs first declare their intention after the expiry of their term of office, for various reasons ranging from ignorance of the death of a citizen to a serious illness of the heir, which prevented him from claiming his rights as a notary.

How can you inherit if the appointed time has passed? You can offer two ways: out-of-court and judicial.

• The first way is to go to court.
• The application is filed with the court for valid reasons that prevented the heir from applying to the notary office on time.
• Such a claim must be supported by documents indicating that there were substantial circumstances that prevented the citizen from accepting the inheritance within the prescribed time limit.
• Information to be entered in the statement of claim:

• Name of the vessel;
• Full data on the heir who made the claim: personal and passport data, place of registration, address, telephone number;
• :: Information on the person who has inherited out of line;
• Information on the person following the death of the property (personal data, date of birth and death, address of residence before death), the date of discovery of the inheritance, the property itself;
• Information on the circumstances that prevented the heir from declaring his intention to inherit at the time set by the State, papers showing the seriousness of the reasons for the delay;
• Request for restoration of the period of succession;
• List of additional documents;
• Date of issuance of the application;
• The plaintiff's personal signature.

1. A model application for renewal of the date of acceptance of the inheritance can be downloaded here.
2. All data entered in the application must be documented (the documents of the plaintiff, the heir, the other heirs, the order of succession to the property, the reasons for the delay).
3. The trial is aimed at addressing the reasons why the heir of Release 1 was unable to inherit in time.
4. List of reasons that may be accepted by the court as meriting attention:

• Absentence outside the State;
• Severe illness and inpatient care;
• Lack of information on the death of the heir;
• Other.

After considering the reasons why the heir did not receive the inheritance on time, the court could decide to extend it; the countdown for the new six months would begin when the potential owner of the property had received information about the death of the heir, completed treatment, returned from another country, etc.

Otherwise, if the court finds that the heir possessed all the necessary information, but has not made a declaration to the notary that he wishes to inherit for a number of unrespectful reasons, the action will be denied to him, and the court will consider the heir ' s conduct as a refusal to obtain the property of the deceased.

The heir took the inheritance, but he didn't get it properly from the notary.

The claim will have to be brought before a court if the heir hasn't gone to the notary in six months, although in reality he's been using the inheritance all this time.

When the deceased and his heirs lived together, and after his death, they stayed there, made repairs, and paid for public services; that is, their intention to take their inheritance, though notarized.

Under the law, if, in the six months following the death of a citizen, even a small portion of his property was taken by the heir, all property could be considered to be such.

Reference to the court is necessary to confirm its intention to inherit and to document it later.

The claim shall be filed, as in the previous case described above, and shall include information on the heir, the heir, on the basis on which the property is to be transferred to the person concerned (probate, first-line right), and information on the property itself and its value is also required.

As the claimant has actually inherited the property, documentary evidence is required (communal bills, repair papers and costs of building materials, etc.).

Second way, inheritance without going to court.

Let's consider this: for example, a deceased citizen had several heirs, except for one of them, who accepted the inheritance within six months, and in this case, the following is the case: a person who failed to exercise her rights on time applies to the other heirs for permission to do so.

If the other owners agree to do so, they shall draw up a written authorization, which each of them shall sign, and they shall certify the paper from the notary, which shall result in the nullification of the previous certificate of inheritance and the issuance of a new version; that is to say, there is no need to apply to the court.

In order to inherit, applicants have to collect certain documentation. There are several types of package; therefore, it is best to have multiple copies of different documents.

The common set of documents includes the same documents required by the court to support the statement of claim, but it requires the addition of property papers.

In order to inherit an apartment, the following documents are required:

• A document on ownership of the dwelling;
• Personal account (copy);
• A statement of non-debt in utility payments;
• Information on the assessment of the dwelling carried out by the BTI.

Land ownership requires:

• A paper on the ownership of the plot;
• BTI Land Assessment Report. Passport;
• Inventory documents.

Legacy papers:

• A certificate of ownership;
• A document on the estimated cost of the vehicle;

Documents required for the inheritance of deposits and securities:

• Stock register certificate;
• An agreement with the bank to provide it with services;
• Savings book;
• Shares and securities.

A notary ' s office has a statement that a person wishes to enter into or renounce inheritance of property.

It matters!And when you decide on a matter concerning the inheritance, know that it is accepted or not accepted, and that you are in debt, and that you are in debt, and that you are in debt, and that Allah is All-Knower, All-Knower.

Features of inheritance 6 months after death: time limits for processing claims

The State has a period of time to wait for the right to inherit, which is currently six months, and sometimes the circumstances do not allow the heir to exercise this right during the period of time.

It was possible to extend that deadline, but it was necessary to deal with the issue in a sound manner.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem is whether you use the form of an online consultant on the right or call at +7 (499) 938-52-17. It's quick and free!

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Succession 6 months after death

In order not to be late in entering the right to inherit, it is necessary to know when the countdown of the six-month period set by the State begins, which is regulated by article 1154 of the Russian Civil Code.

Article 1154 of the Criminal Code of the Russian Federation: Date of acceptance of the inheritance

• The inheritance may be taken within six months of the opening of the inheritance. In the event of the opening of the inheritance on the date of the alleged death of the citizen, paragraph 1 (arts. 11-14), the inheritance may be taken within six months of the entry into force of the court ' s decision declaring him dead.
• If the right to inherit arises for other persons as a result of the heir ' s refusal to inherit or the removal of the heir on the grounds set out in article 1117 of this Code, such persons may accept the inheritance within six months of the date on which they have the right to inherit.
• Persons for whom the right to inherit arises only as a result of the failure of the other heir to inherit may accept the inheritance within three months of the end of the period referred to in paragraph 1 of this article.

On the day when he died, the first day of the appointed term will begin.The date of death will be recorded in the certificate issued by the registry office.Six months after that, the heirs enter into inheritance rights.

In some cases, it is not possible to establish the exact date of death; this is the case in cases where a person is missing or has died in special circumstances that cannot be established; these cases are decided by the court, i.e. by a decree which will indicate the date of death and will be considered the first day of the statutory time limit.

The timing of the inheritance, as well as the starting point of the countdown, were discussed here.

Opportunity to do so before six months

It is not possible to obtain a document establishing ownership of the estates that have passed by the end of the six-month period; this period is accepted by the State without justification; within six months, the notary communicates with the heirs and invites them to present themselves for a statement.

It matters!Only after six months could persons who had claimed their rights in a timely manner inherit the inheritance they were entitled to, so the waiting rule was always the same and there were no exceptions.

The basic rules for applying for inheritance are set out in article 1153 of the Criminal Code of the Russian Federation. The first action to be taken by a relative who hopes to do so is to contact a notary at the place of residence of the deceased person, where he will express his will to accept the inheritance.

Article 1153 of the Criminal Code of the Russian Federation: ways of accepting an inheritance

• The acceptance of the inheritance shall be made at the place of the opening of the inheritance to a notary or authorized by law to issue a certificate of succession to an official, an application by the heir to accept the inheritance or an application by the heir to issue a certificate of inheritance; if the application of the heir is transmitted to the notary by another person or sent by post, the signature of the heir on the application shall be certified by a notary, an official authorized to perform notarial acts (art. 1125, para. 7), or by a person authorized to certify a power of attorney in accordance with article 185.1, para. 3, of this Code; if a power of succession is specifically provided for in the power of attorney, no power of succession is required for the acceptance of the inheritance by the legal representative.
• It is recognized that it has not yet been proved that the heir has accepted the inheritance if he/she has performed acts that indicate actual acceptance of the inheritance, in particular if the he/she has taken possession or administration of the inheritance property; taken measures to preserve the inheritance property, protect it against attacks or claims by third parties; made expenditures on the maintenance of the inheritance property at his/her own expense; paid off the debts of the he/she or received from third persons the money due to the he/she.

The notary will propose a number of actions to the applicant:

1. Collect a complete set of documents, the composition of which will vary according to the property owned by the deceased owner. The main document confirming the death of a person is a death certificate, which must be in the hands of the requesting citizen.
2. The second is the search for a will written by the deceased owner.
3. The third step was to write a statement implying that a citizen was prepared to be a legitimate heir, which was only followed by a search for a will and delivery to a notary of the documents he would require.
4. The next step consists of the payment of a duty consisting of the value of the property and the degree of kinship between the deceased person and his successor.
5. A certificate confirming the legality of a citizen ' s application to a notary and the existence of all the prescribed documents may be obtained from the registry authorities to obtain a further certificate of ownership.

It is important to remember that all of the above-mentioned action algorithms need to be implemented within six months.

Article 1155, paragraph 2, of the Russian Civil Code provides for the inheritance of a late relative, but this will require the written consent of all relatives who have succeeded in accepting the inheritance.

Attention!The written consent must be written in the notary ' s office by each of the relatives who have already inherited it, and the signatures must be certified by a specialist of the notary ' s office.

If you do not have the right to apply for inheritance within six months, then you may search for all the other heirs, and if you do not object to the succession of another person, then the whole procedure shall be carried out on a common basis in a notary office.

If the State registration of the right has already been completed, the new certificate issued by the notary will be amended accordingly.

If the relatives do not grant their permission, and the notary also refuses the late heir's request, then he has only one way to go to court.

Statement of rights in case of delay

In order to apply to the judicial authority for the restoration of the time limit for inheritance rights, it is necessary to have a written refusal from a specialist of the notary ' s office, in which the notary will indicate the reason for the refusal to process the documents and issue the certificate.

It matters!If the heir had valid reasons that he could document, the court would take his side and extend the time limit set by the State.

Before taking part in the proceedings, the late relative will require a full package of documents to be produced by him.It includes:

• Identification of the applicant as well as his photocopy;
• The death certificate of the owner of the property;
• If it is an intestate inheritance, then documents will be required to confirm the relationship between the deceased and the applicant;
• A refusal issued by a notary;
• A receipt confirming payment of the State duty.

Evidence

In addition to the basic documents, it will be necessary for the court to present all kinds of evidence to justify the passage of the time limit established by the State.The evidence that is able to resolve the case in a positive way is as follows:

1. On the right, confirming imprisonment.
2. A certificate issued by a medical institution stating that a citizen had received in-patient treatment.
3. The fact that the heir ' s physical and mental condition prevented him from adequately assessing the situation.
4. Failure to obtain a visa to leave another country or urgent cases documented.

In the case of recourse to a court, the requirement is to write a statement of claim.The claim should contain the following information:

• The name of the court to which the application is sent by the applicant;
• A description of the information known to each heir;
• Data on the relationship between the deceased and the victim;
• Request to the court for additional time to inherit;
• An indication of the reason for the delay of the six-month deadline.

Help!Such an application would be made by the late heir, and the defendant would be relatives who had succeeded in entering into inheritance rights or representatives of municipal authorities if the property had been given to them.

We describe in more detail the manner in which a claim for restoration of the time limit for acceptance of the inheritance can be made.

Consideration of the case

After the documents have been filed and the petition has been filed, the court checks the authenticity of the papers and contacts the notary who was responsible for the inheritance distribution.

During the trial, the details of the case will be clarified and a decision will be taken, so that the court ' s decision may change the allocation of property and assign certain shares.

Video about the features of re-enactment through court:

State duty and other expenses

The amount of the State duty charged is determined by article 333.19, paragraph 1, of the Constitution of the Russian Federation andmay be between 400 and 600,000 roubles.The final amount will depend on the price of the claim, i.e. the amount of the inheritance.

Help!In addition to the State duty, the plaintiff often uses the services of a qualified jurisprudential specialist, which is necessary in order to draw up a valid legal document when filing it with the judicial authority.

Sometimes the plaintiff is assisted by a lawyer participating in a court hearing, who, like a lawyer, pays for his services.

Lose complaints

Under article 320 of the Code of Criminal Procedure, an appeal may be lodged against a decision handed down by a court in accordance with the established procedure.

Article 320: Right of appeal

• Decisions of the court of first instance that have not entered into force may be appealed in accordance with the rules of this chapter.
• The right of appeal against the decision of the court is vested in the parties and other persons involved in the case; the right of appeal is vested in the prosecutor participating in the case.
• An appeal may also be lodged by persons who have not been involved in the case and whose rights and obligations have been authorized by the court.

If the court has ruled against the complainant, he or she has the right to appeal against him or her; an appeal must take place no later than the time when the decision becomes enforceable; and a complaint must be submitted to a higher judicial body.

Recovery due to ignorance of death

The court will carefully examine every such communication from relatives. If the niece who lives a thousand kilometres from her dead grandmother learns of her death and the deceased ' s sister relatives who live on a nearby street have not been aware for a long time, then such a fact may alert the court.It's a case like this that's being vetted for hiding a death.and as a result, the decision is rendered.

Conclusion

The passage of the legal time limit to appeal to a notary is not yet a matter of serious concern, but most of the relatives try to remedy the situation and meet the late heir; and if there is no such understanding, the court will decide on the matter.

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Is it possible to inherit before six months?

Answer:........................................................There is a six-month period of time from the date of the testator ' s death until the date of the testator ' s death; a notary must visit or declare his or her inheritance rights up to six months from the date of the testator ' s death.

Time frame for acceptance of the inheritance

The deceased ' s estate passes over to the deceased ' s heirs by law or by will, and regardless of the pattern of succession, it is important that the successor does not miss the period set aside for the acceptance of the inheritance, pursuant to article 1154 of the Civil Code, which is six months ' duration.

The end of the six-month period begins with the death of the heir; for example, if a person dies on 1 May, the heir must assume the right to inherit before 1 November; this is the rule for those who were separated from the deceased.

If, at the time of his death, the heir was living with him at the same address as he was in the same household, he was deemed to have actually taken the inheritance, and did not have to go to the notary for up to six months; and if a person actually accepted the inheritance, he had 75 years to change all the documents in his own name.

Why do you have to wait six months?

The law provides for a period of six months for all heirs to claim their rights; it may be that the successor does not immediately know the death of a relative, lives in another city or State, and that it takes time for him to come to the notary and apply for it.

In addition, six months is enough time to collect the missing papers for the conversion of the property, to provide the necessary background information, and the notary himself will be able to make inquiries to the public authorities about the ownership of the property claimed by the heirs.

Can a notary inherit before 6 months?

The inheritance involves the heir ' s receipt of a title document for the property (the certificate of succession); the new owner may obtain the document after six months; as a general rule, the notary does not issue a certificate of right to inheritance before six months (art. 1163 of the Civil Code).

In exceptional cases, a notary may issue a certificate of succession before six months; this is provided for in article 1164, paragraph 2, of the Civil Code.

• There are no other heirs who can claim property;
• There is no legal dispute between the heirs.

In practice, notaries do not run the risk of inheriting before the end of the six-month period, as it cannot be ruled out that there will be a successor in time that the principal heirs may not have known (children from other marriages, children born out of wedlock, etc.).

If the deadline is missed

Often, the heirs do not know the consequences that may arise if they do not contact the notary on the matter of inheritance in time, all the more reason being that the time limit for the acceptance of the inheritance may result in a person simply being deprived of the right to inherit.

The most frequent reasons for the delay are:

1. Legal illiteracy (a citizen did not know when to declare his inheritance rights).
2. Lack of knowledge of the heir ' s death (the other heirs ' concealment of the relative ' s death or late notification of the incident).
3. The heir ' s disease or the state of helplessness (not being able to contact a notary in a timely manner).
4. Training in another city, service, serving a sentence.
5. Other reasons.

In any case, it would not be possible to obtain a notary inheritance if the period had expired; the notary would refuse such a successor; an order would be issued to deny acceptance of the application for a citizen ' s inheritance; and what should the heir do?

It is up to the court to prove whether the reasons for the delay have been respected; the law does not clearly describe which reasons may or may not be respected; the court relies on the circumstances of the particular case and the evidence provided.

Judicial practice shows that there are valid reasons: stay in treatment, military service, long-term travel, but a citizen ' s lack of knowledge of the law and lack of personal time to visit a notary office will not be considered to be a valid and objective reason.

When filing a claim for restoration of time limits, the heir must not simply present his arguments but must also prove them.

For example, if he has been treated in a medical institution for a long time, the claim must be accompanied by certificates, medical records, hospital sheets, etc.

If a citizen has been on a mission for a long time, an order from the workplace to send him on a business trip, copies of tickets, hotel receipts or a dormitory should be added to the case.

If the court makes a favourable decision, the heir should not delay and appeal to the notary within the time limit specified in the judgement.