Statement of the place where the inheritance is to be opened (model)

The possibility of inheritance is one of the fundamental human rights (art. 35, para. 4, of the Constitution of the Russian Federation). Upon the death of a citizen, his property is transferred to other persons; the procedure of succession begins with the opening of the inheritance; in order to obtain inheritance property, it is necessary to determine his whereabouts correctly.

Article 35 of the Constitution of the Russian Federation

What's the place where the inheritance is discovered?

The legislation refers to the place of discovery of the inheritance as the last address of the actual residence of the deceased person (art. 1115, Civil Code of the Russian Federation).

The exact location of the right to inherit is necessary for the following purposes:

• Establishment of an inheritance case;
• Protection of property by notary;
• Submission of claims on behalf of creditors to the deceased ' s successors;
• The determination of the jurisdiction to file a claim (if the rights of the heirs have been violated).

The location of the discovery does not depend on where the heir died, which means that in the event of a person ' s death on mission, on vacation or in the workplace, the property will be deemed to be open at the address of the residence; if the place of registration cannot be determined, the inheritance will be opened where the property is located.

Article 1115 of the Civil Code of the Russian Federation, "The site of the discovery of the inheritance"

Rules for the determination of the opening place

In accordance with the requirements of article 1115 of the Criminal Code of the Russian Federation, an inheritance case is filed at the address of the deceased ' s permanent residence.

The place of residence is considered to be:

• Private homes;
• Apartments (including service apartments);
• Rooms;
• Other premises occupied under owner ' s rights or under a contract of employment.

The following documents should be submitted to the notary office to confirm the address of the testator:

• An extract from the home book;
• Identification certificate from the passport desk;
• The management company ' s paper on the payment of utility charges;
• Information provided by the employer on the residence of the deceased;
• Information from social protection agencies.

If a citizen has long lived outside the Russian Federation, the discovery of the inheritance is determined at the address of the greater part of the property; such a situation will require an opinion on the value of the property at the date of death.

Opening time of the inheritance

In accordance with article 1114 of the Code of Criminal Procedure, inheritance is to be opened on the date of the death of the citizen (or on the date on which the judicial act on the death of the deceased becomes valid).

The exact opening time is necessary to calculate the time frame for the issuance of a claim for entitlement to property.The date of death is indicated in the certificate issued by the registry office on the basis of the medical report.

Read also: Title of real property

Article 1114 of the Civil Code of the Russian Federation, "The time of the discovery of the inheritance"

Grounds for making a declaration to the court on the place where the inheritance was opened

The following situations will require recourse to the court to determine the place where the inheritance is to be opened:

• There is no information on the address of the residence;
• The heir was not permanently registered;
• There are no documents attesting to the location of the discovery;
• It's hard to determine the location of most of the property.

On the basis of a court decision, the estate case is filed with the notary office.

Preparation of the application to the court

The declaration of the place where the inheritance is to be opened must be made in accordance with the rules of procedural law (art. 131 of the Code of Criminal Procedure of the Russian Federation).

The application should specify:

• Name and address of the judicial authority;
• Information on the applicant (name, name, patronymic, postal address, contact number);
• Information on the persons concerned (data from the notary and other heirs);
• A summary of the circumstances (information on the heir, grounds for the right to inherit);
• Reasons for recourse to the courts;
• Request to establish the place where the inheritance is to be opened;
• A list of the attached evidence;
• Date and signature.

The evidence given in the application requires documentary confirmation.

The list of annexes includes copies of the following documents:

• Identification of the applicant;
• The certificate of death of the owner of the property;
• Legal identification documents containing the location of the property;
• A reasoned decision by a notary refusing to start a inheritance case.

• When applying to the court, the State is required to pay 300 rubles (300 rubles).
• To download a claim to establish the place where the inheritance is to be opened
• Article 131 of the Code of Civil Procedure of the Russian Federation: Form and content of the statement of claim

Conditions for recourse to the court

The judge will accept the motion if the following requirements are met:

1. The applicant is the heir (by will or by law);
2. There is no dispute between applicants for ownership;
3. The notary is legally refusing to start a inheritance case.

The unlawful actions of a notary officer are also contested by the courts, but the complaint is not related to the establishment of the place of application for the right to the estate of the heir.

Examination of the application by the court

The following factors shall be taken into account in the examination of the case:

• How long the heir lived at a specific address;
• Where the estate is located;
• What is the cost of the facilities;
• Where the most valuable property is located.

Witnesses (neighbors, medical personnel or postal staff) may confirm the applicant ' s claims; if the heir is unable to obtain any documents on his own, he may request the court to obtain the necessary documents.

Choice of notary

Read the same: How can we prove a relationship with the deceased?

There are several ways to find the right specialist:

1. Clarify at the nearest notary office;
2. Go to the Regional Notary House;
3. Use the electronic register of open inheritance cases.

The latter option would be appropriate only if any of the heirs had already applied for the property of the deceased owner.

The declaration of inheritance is intrinsically linked to the determination of the place where the succession will take place, with one inheritance subject to the establishment of only one inheritance case, and the law therefore imposes special requirements on the procedure for determining the place where the right of succession arose.

Application for a place to open the inheritance — Jouropor

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Upon the death of the owner, his property is left without the owner; therefore, the assets of the deceased citizen are transferred to his or her relatives; if there is a will, third persons or enterprises may inherit the property.

The acceptance of the inheritance is based on the applicant ' s application; the document is filed at the place of registration of the deceased subject; difficulties arise if you do not know where the heir lived.

How to establish the location of the inheritance, consider in more detail.

Place of discovery of the inheritance

Art. 1115 of the Russian Civil CodeEstablishes the following options for the place where the inheritance is to be opened:

1. Place of permanent registration of the deceased citizen (confirmed by discharge from the home book).
2. Location of immovable property belonging to the deceased (confirmed by right-making documents).
3. Place of storage of the most valuable property of the deceased owner (in the absence of real estate).

The cost of the facilities is determined on the basis of the property valuation report, which is based solely on the market value.

In some cases, however, the heirs are not aware of the place of permanent registration of the deceased, a situation which is possible if the citizen has lived outside the country for a long time.

In addition, a notary may refuse to open an inheritance on its territory; in such a situation, the heirs will have to apply to the court to determine the place where the inheritance is to be opened.

An example.F. ' s citizen lived in the territory of the Republic of Kazakhstan, but he was a citizen of the Russian Federation and received an old-age pension in the territory of the Russian Federation. The money was transferred to a bank account, which allowed F. ' s citizen to come to the Russian Federation several times a year and withdraw funds for residence in the Republic of Kazakhstan.

The matter could be settled exclusively by the courts, since the only property of the deceased was a bank account.

How to write correctly, prepare a declaration of the place where the inheritance is to be opened

The application shall be submitted in writing only, and the document shall comply with the requirements of the PCA of the Russian Federation.

The statement should indicate:

• Name of the district court;
• Information on the applicant (F.I.O., address of the propiska, telephone for communication);
• Similar data on the persons concerned (notary);
• title of the document;
• The circumstances of the case;
• Final request;
• List of annexed documents;
• Date, signature.

Statement of the place where the inheritance is to be opened (model)

Model declaration of the place where the inheritance is to be opened

To download a claim to establish the place where the inheritance is to be opened

Where do you want to go, in which court?

An application to establish the place where the inheritance is to be opened shall be dealt with in a special manner and the claim to establish the place where the inheritance is to be opened shall be submitted to the District Court at the place of the potential heir ' s residence.

The complainant must mention the fact that he does not know the last place of residence of the deceased subject; the papers may be submitted through the office of the District Court or sent by mail.

Documents attached

• Written evidence of the facts must be attached to the statement.
• Minimum list of documents
• Source: http://allo-urist.com/zaivlenie-ob-stanovlenii-mesta-otkrytyya-nasledstva/

Model declaration of the place where the inheritance is to be opened...............................................................................

In ___________________(name of vessel) the applicant shall: ___________________(FIO in its entirety, address) The person concerned shall: ___________________

(FIO in full, address)

establishing the place where the inheritance is to be opened

"__" ___.__..................................................................................................................................

When I applied to a notary to obtain a certificate of inheritance, the notary explained that I had the right to apply to the court to establish the place where the inheritance was to be opened.

2. In accordance with article 1115 of the Civil Code of the Russian Federation, if the last place of residence of the heir who possessed property in the territory of the Russian Federation is unknown or outside the territory of the Russian Federation, the place of the opening of the inheritance in the Russian Federation is recognized as the place of such inheritance.
3. If such inheritance is located in different places, the place where the inheritance is discovered is the place where the immovable property or the most valuable part of the immovable property is located and, in the absence of immovable property, the place where the movable property or its most valuable part is located.
4. The value of the property is determined on the basis of its market value.
5. The place where the inheritance is opened is located at: __ (specify the address of the place where the inheritance is to be opened in its entirety, including the region, city, street, home) because __ (specify the grounds for determining the place where the inheritance is to be opened).

The location of the inheritance is necessary to obtain a certificate of right to inheritance, and there is no dispute about the right.

On the basis of this statement, in accordance with articles 131-132, 264 of the Code of Civil Procedure of the Russian Federation;

Please:

1. Set the place where the inheritance will be opened after death (FIO heir) at: __ (specify the address of the place where the inheritance will be opened in its entirety, including the region, city, street, house).

List of documents annexed to the statement(copies by number of persons involved in the case):

1. Copy of the statement
2. Document confirming payment of State duty
3. Death certificate
4. Documents confirming the right to inherit
5. Documents confirming the location of the estate at the address specified by the claimant

Date of the application of the applicant

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Source: http://zajavlenie.com/obrazcy-dokumentov/iski/ob-stanovlenii-mesta-otkrytyya-nasledstva.html

• In order to establish inheritance rights, it may be necessary to apply to the court to establish the place where the inheritance is to be opened.
• This is necessary in cases where it is not possible to document the place of residence of the deceased or the location of his property.
• The most frequent case is the situation where a citizen has withdrawn his registration and has not been able to register again before death.

The heirs of the deceased shall apply to the court for the establishment of the place where the inheritance is to be opened. Other heirs may be interested in such cases. The court ' s decision will give rise to an application by the notary to accept the inheritance.

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Example of an application to establish the place where the inheritance is to be opened

1. To Railway District
2. Kemerovo Court
3. Submitted by: Utesov Valeri Sergeyevich
4. 650,000, Kemerovo,

D. Dmitrieva, D. 453

Tel. 89897458765

Statement on the establishment of an opening site

27.07.2015 Utesova Olesia Ivanovna died, 20.12.1962, my aunt. She has no close relatives — her husband and children — and her parents died in 2010.

In 2012, I moved my aunt to Kemerovo, and before that, she lived and was registered with Elikaevo of Kemerovsky province. She took off her registrations when she moved, sold her house, and a temporary registration was made in Kemerovo.

Utesova O.I. was in need of care, was hospitalized several times to receive emergency medical care, and my father, Utesov Sergei Ivanovicz, brother of Utesova O.I., died in early 2014. Thus, I am her sole legal heir (in the order of submission).

After the death of Utsova, O.I., a bank deposit of 737,500 rubles (seven hundred and thirty-seven thousand and five hundred) remained in her name.

Semizarov, D. 12, as well as a notary in the Kemerov region, were denied access to the documents because I could not confirm the residence of Utsova O.I. until her death in a certain place, and I was advised to go to court.

The following neighbours can confirm the residence of Utsova O.I. in Kemerovo in my apartment: Svetlov Mikhail Alexandrovich, Kemerovo, D. Dmitriyev, D. 455, Yakushchenko Kira Sergeyevna, Kemerovo, D. Dmitrieva, D. 451, Istokova Medical Sister Olga Mikhaylovna, Kemerovo, Art. 7th Construction, D. 34.

In accordance with article 264 of the Code of Criminal Procedure,

Please:

To establish that D. Dmitriev, D. 453, D. Kemerovo, Altay province, is the site of the discovery of the Otesova Olesi Ivanovna estate, 20.12.1962.

Annex:

1. Copy of the statement
2. Letter of payment to the court of law
3. Copies of Utesova ' s birth certificates, V.I., O.I. Utesova, V.S.
4. A copy of the death certificate of Utsova O.I.
5. Bank ' s certificate
6. Notary ' s refusal
7. A copy of Utsova O.I.'s outpatient map.
8. Request to call witnesses

23.12.2015 V.S.

Grounds for making a declaration on the place where the inheritance was opened

The place where the inheritance is discovered is the last residence of the heir. If the last residence of the heir is unknown, the place where the inheritance is discovered is recognized as the location of the estate.

If the estate is located in different places, the place where the inheritance is discovered is the location of the immovable property and its most valuable part.

In the absence of immovable property, the place where the inheritance is discovered is the location of the movable property or its most valuable part; the value of the property is determined by its market value.

• Faced with the difficulty of determining the location of the inherited property or of confirming the residence of the deceased citizen in his notary district, it is necessary to apply to the courts.
• The law has a key role to play in the opening of the inheritance in a given place and in the issuance of documents in that place.
• In the absence of information on permanent registration, when the heirs reside abroad, when it is difficult to determine the value of immovable property in different notary districts, it is a legal fact that the court has established the place where the inheritance is to be opened.

Application to court for the location of the inheritance

If there were grounds for applying to the court to establish the place where the inheritance was to be opened, it was important to avoid the need to file a complaint against a notary; if a notary acted wrongfully, the court would not consider the place where the inheritance was to be opened.

In the application, it is appropriate to indicate the reasons for the difficulty of the notary in determining the place where the inheritance is to be opened, i.e. the reasons for the application to the court; the person who made the application must be the legal heir, since the discovery of the inheritance is important to him; and in such cases, it is important that there be no dispute between the heirs.

The application shall be submitted to the district (city) court of the applicant ' s place of residence, and witnesses shall be invited to the court to confirm the complainant ' s arguments in the latter ' s place of residence.

Source: http://xn--80aafg4awbfeg9o.xn--p1ai/iski_vse/zaavlenie-ob-stanovlenii-mesta-otkrytyya-nasledstva/index.htm

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Statement on the determination of the place of commencement of the inheritance

And if you do not have any knowledge of the matter, then you will not be able to do so, nor will you be able to do anything about it, nor will you be able to do anything about it, nor will you be able to do anything about it, nor will you be able to do anything about it, nor will you be able to do anything about it, nor will you be able to do anything about it; indeed Allah is Oft Forgiving, Most Merciful.

Reasons for filing an action with the court

As a representative of the law, any lawyer could not open an inheritance if he did not have data on the place where the deceased had been registered or on the remaining values left behind; a statement could help to resolve the matter.

The reasons for this situation may be as follows:

1. A man sold all his property, took off his register and left for a new place of residence, and died on the road or before he could register at a new address.
2. Lost or missing documents that confirm the deceased ' s ownership of the property left behind by the deceased ' s death, no information on their location, which happens in the event of a fire or a robbery of an apartment.
3. The deceased did not have a permanent propiska until the end of his life he could live with a temporary propiska, not in his home.
4. The deceased has several properties and transports left, and it is not possible to identify the most valuable of them.
5. A relative went abroad and rented his property, and his family might not have known about it.

In spite of the objective reasons that prevent the commencement of a property case, no one can become the legal owner of the property without a court decision; a notary or property lawyer must be contacted to solve the problem; he will demonstrate a model application for the opening of the estate and help fill it in.

Recourse to the courts

It is not possible for all citizens to file an application with the court to determine the location of the case, except for legal relatives (by will or by law) who do not have property disputes with other persons in the case; the competence of the document will depend on the legality of the plaintiff ' s claims.

It's good to know:It should be borne in mind that no appeal could be lodged against the actions of a notary who had refused to initiate a succession case.

In this case, the court will consider the case of the notary and not the property issue of the successor; since the location of the objects is not determined, the claim is brought before the court in the area of the applicant ' s propiska.

But it's not as easy to draw up as it seems at first sight, but professional lawyers will help avoid the many mistakes that inevitably arise in filling out such documents.

The model includes such text blocks:

1. Address: It describes where and from whom the document is submitted. If necessary, it allows the identification of interested persons who may be legal entities or persons in the will, followed by the title of the document, the Statement.
2. The details of the application are described in detail, such as the passport data of the heir, the date of his death and the number of legal citizens, with full listing.
3. Information on the object of interest: The full name and technical characteristics of the objects which form part of the inheritance mass are given.
4. The situation that led to the fact that it was not possible to start a property case, a reference to the actions taken, accompanied by documentary evidence and testimony.
5. The facts that point to the location of the values and arguments in favour of this information.
6. Application before the court: The plaintiff requests that the specific location of the opening of the inheritance be established by law.
7. List of documents annexed to the statement.
8. Date, signature, last name, initials.

Once the sample had been adopted as a basis and had become a literate document, it was necessary to gather all the documents necessary to prove its right.

List of court documents

If the application to determine the place where the inheritance was to be opened was correct, it would be accepted by the court secretariat; the case would need to be thoroughly prepared for the hearing; and it would be more than just a suit and a fresh shirt; the officials of the law would have to be provided with incorruptible documentation that would substantiate and prove the facts presented by the plaintiff in the document.

Such documents should be brought with them:

• The applicant ' s inheritance passport;
• A certified photocopy of the statement of claim;
• A death certificate for a person whose property is the property of the estate;
• The court ' s decision to recognize a citizen as dead;
• The documents confirming the deceased ' s ownership of the tangible property specified in the document;
• Technical documentation showing the location and location of the property (technical passports, sales contracts, gifts, certificates);
• The notary ' s written waiver of the inheritance case and acceptance of the related application from the deceased ' s successor;
• A bill for the payment of State duty for the adoption of a document for the determination of the discovery of property.

All the other documents have already been attached to the suit, and if the verification has not produced a negative result, the court will rule in favour of the plaintiff; it is the recognition of the specific point where the transaction is to take place.

If it consists of several parts that are separated, it becomes the location where the most valuable object is located.

The price of movable and immovable property is determined by an independent expert at market rates.

If only vehicles of various kinds are left after the deceased (which is not uncommon — people often live in cars, boats, trailers and strawberries), the inheritance will be located in the parking lot of the most expensive machinery.

As a rule, when properly and carefully prepared, applications for location are considered in favour of legitimate entities.

In order to increase the likelihood of success, it is recommended that an experienced lawyer, who has a great deal of experience in property matters, be employed.

When you decide to start a lawsuit, you have to estimate the amount of profits that you can make, and if it's close to zero, you don't have to waste time and nerves on long trials.

Model document

Statement on the determination of the place of commencement of the inheritance

Video on the theme

Model declaration of the place where the inheritance is to be opened

In order to claim the right to inherit, it is necessary to draw up a declaration of acceptance of the inheritance; this document indicates the desire to accept the estate; the document is drafted in a form and submitted to the notary office that deals with the inheritance case.

Grounds for recourse to the court to determine the place where the inheritance is to be opened

The definition of the place where the inheritance is opened is a rather complex issue.

It cannot be defined:

• In the place recently inhabited by the deceased;
• Where the property owned by the deceased is located;
• If there are more than one real estate and it is located in several places, the inheritance case is opened where the largest part of the inheritance is located.

• When do you have to go to a judicial authority?
• However, it is not easy, often a potential heir may have to go to court.
• The following situations may be the basis for this:

• There is no information on the last permanent registration of the deceased, and it is assumed that the person died before leaving the apartment but did not acquire a new one due to death;
• There are no documents to confirm where the deceased has recently lived or where the property owned by him or her is located;
• The deceased lived at the place of temporary registration and did not have a permanent residence permit;
• The deceased ' s property is located in different localities and it is not possible to determine where the major equipment is located.

Since it is not possible to determine the permanent place of residence, or the place of ownership, it is not possible to open an inheritance case; in order to clarify the situation, it is necessary to refer the matter to a judicial authority.

What do you need to go to court?

A number of requirements must be met in order for the court to hear the case:

• It is necessary to ensure that the notary performs lawful acts; if he refuses to open an inheritance case, the notary ' s actions should be complained of;
• The right to apply to the court is the right of a person who may claim the inheritance (the basis is a legal succession or a will);
• There are no disputes between the successors.

Such an application may be considered by a district or city court, which is in the place of permanent registration of the plaintiff, and the court ' s services are required to pay a fee of 300 roubles (art. 333.19, para. 8).

In order for the court to take up the question of the location of the inheritance case, a claim must be made in full conformity with the law.

The requirements of the SC of the Russian Federation provide for the following parts in this document.

• At the beginning of the document: Reference should be made to the name of the judicial authority, information on the plaintiff and other persons interested in the inheritance (name of patronymic, place of residence and telephone number);
• Reasons for applying to court: Information should be provided on the person who left the inheritance (FIO, when he was born and died), other successors, the property of the deceased, and the reasons why it is not possible to determine the place where the inheritance is to be opened.
• How the court should solve the problem, the purpose of the lawsuit before the court is to determine the place where the inheritance case will be opened.
• List of documents attached to the claim;
• Set date;
• Check the signature.

1. It should be made clear that the application is submitted to the court not only if it is difficult to determine the place where the inheritance is to be opened, but also if, for a number of reasons, the heir has missed the date of succession.
2. At the same time, he had already actually inherited, but had not applied to the notary.
3. What is actual inheritance acceptance?

This is the execution of certain actions by the successor in the administration of the deceased ' s property, i.e. payments are made for communal payments, repairs are made to the apartment, debts are paid, and measures are taken to preserve the property.

If those circumstances occurred, the application to the court should indicate how the inheritance had taken place, and the evidence of what had already occurred should be listed.

However, in order for the court to make the necessary decision, it should be explained why the heir had missed the due date of the inheritance and had not turned to the notary, and it should be proved that the circumstances had indeed occurred.

In the claim, mention should be made of the other applicants for inheritance in the suit, as well as of the place where the notary office is located, and note that the claim is made in a few copies, depending on the number of parties to the proceedings, i.e. the number of heirs, plus one copy each, will be referred to the notary, the court and the applicant.

• The statement of claim should be accompanied by documents such as witness statements in writing, various certificates, cheques, debt receipts, photographs, video recordings.
• The declaration should be signed and the date set.
• Nevertheless, there are several nuances to be taken into account when applying to the court.
• It is very important to focus on three details:

• Each notary has a template for filling out documents; therefore, it is not necessary to write them on its own; it is better to follow all formalities directly from the notary; this will avoid the need to do work several times;
• A person claiming inheritance has the right to make two requests to the notary:
  • To establish the fact that inheritance rights have been acquired;
  • To issue a certificate of succession (this document may be requested by filling in a separate application).
• A statement made by a representative shall not be accepted, as this is not permitted.

It is possible to use the model of an application for the location of the inheritance located here.

Statement of confirmation of acceptance of the inheritance

The Legal Encyclopaedia MIP "The Legacy "

Contents

Under the law, the heir may actually or notarize the inheritance within six months of the confession of the heir ' s death.

The notary method of acceptance requires a notary to be contacted at the place of residence of the heir, with confirmation of the right to inherit (a will or documents confirming the relationship to the heir) the heir must express his wish to inherit in writing.

A declaration of succession is an official document in which the heir confirms his intention to inherit.

Contents

The standard form for a declaration of succession is not established by law, but there are several basic principles on which a document should be drawn up:

• The statement shall be written only by the in-person heir and shall not be written by a trusted representative of the heir.
• It is mandatory to indicate the IRS and the information from the Death Certificate of the heir (date of death and when and by whom the document is issued) and to attach an additional copy of the Death Certificate to the Statement.
• Reference should also be made to the basis for the inheritance, which may be based on a relationship (confirmed by the relevant documents) or the existence of a notarized will in the name of the heir.
• The existence of other heirs should also be clarified if they have refused to inherit in your favour.
• The main part of the document should be expressed in the requirement of the heir to determine whether he or she has accepted the inheritance.
• In addition, it is possible to state in the application its wish to obtain a certificate of inheritance so that it is not necessary to prepare a separate document containing such a request.
• At the end of the Declaration, all attached documents should be listed, as well as the date of writing and a signature.

It is not necessary to write the Application well in advance of a notary ' s visit because a specialist may have his own document template, which is convenient for him to work with, and the lawyer will also indicate what additional information should be provided in the Statement if necessary.

Actual inheritance

Court disputes often arise if the heir did not apply to the notary in time (until six months after the death of the heir) to confirm his wish to inherit, but for a specified period of time used his estate and spent on it; in this case, the heir must prove that he actually inherited in a timely manner.

Evidence of actual acceptance of the inheritance can be found in cheques and receipts showing the heir's expenditure on maintenance of the property (the LAC Qualitation, the repair contract, etc.).

), evidence provided in writing (indications by neighbours that the heir was living in an apartment or using some property of the heir), photographs and video records of the actual use of the property.

All available evidence must be submitted in a timely manner and, if it is sufficient and reliable, the heir will be given a certificate of right to inherit, and all available evidence of actual use of the property should be listed in the Statement.

Judicial practice

If the heir has not entered into inheritance either legally or in fact in a timely manner, he or she will have to assert his or her right to possession of the estate in a court of law.

In such a case, the heir himself formulates a statement of claim which indicates a valid reason why timely acceptance of the inheritance was not possible.

On the basis of the submissions, the court will reach a verdict on the possibility or impossibility of restoring a person ' s inheritance rights.

Application for the place where the inheritance is to be opened

Application to establish the place where the inheritance is to be opened — download the sample

An application to establish the place where the inheritance is to be opened is made when the deceased has not been registered at his place of residence; this is usually the case with a notary who proposes to resolve the question of the place where the inheritance is to be opened through a court of law.

What's the place where the inheritance is discovered?

The place where the inheritance is discovered is the last place of residence of the deceased heir.

If the last place of residence of the heir is unknown, the place where the heir ' s estate is discovered shall be recognized as the place where the heir ' s property is located.

If the inheritance is located in different localities, the place where the inheritance is opened is the place where the immovable property or its most valuable part is located and, in the absence of immovable property, where the movable property or its most valuable part is located; the value of the property is determined by its market value.

The place of residence of the inheritor may be confirmed by the registration of the place of residence and the place of residence; the place of last permanent residence may be confirmed by the documents, in particular the certificate of registration of the place of residence; and the place of the opening of the inheritance may be established by a court decision, as well as by:

• a certificate from the housing and maintenance organization;
• A certificate from a local government authority;
• A certificate from the deceased ' s place of work concerning his place of residence;
• A certificate from the address office concerning the registration of a citizen at his or her place of residence;
• A statement of the housing or building cooperative;
• And from the book of the House,
• A certificate from the military of where the citizen was registered;
• a statement of the address to which the pension was delivered to the heir.

The place of discovery of the inheritance is the permanent residence of the heir, even if the heir has lived for considerable time outside the place.

A citizen ' s place of residence may be a dwelling, an apartment, a room, a dwelling of a specialized housing stock (a residential building, a dormitory, a manoeuvring house, a living place in a social welfare home, etc.).

) or other accommodation in which the citizen permanently or predominantly lives as the owner, under a contract of employment (recruit), a contract for the employment of a specialized dwelling or on other grounds provided for by the legislation of the Russian Federation and in which he or she is registered at his or her place of residence.

Preparation and filing of an application for judicial review

The application is submitted to the district (city) court of the complainant ' s place of residence, stating why it was necessary to apply to the court, where the heir lived at the time of his death, and why this cannot be determined out of court.

Evidence may be used to prove the place of residence of the deceased, and evidence of residence may also be obtained from the testimony of witnesses.

The application shall be paid for by the Minister of State.

The current rate of payment for the Ministry of State is as follows:

I'm going to court.

Model declaration of the place where the inheritance is to be opened

In ___________________ (name of court) The applicant: ___________________________________ (FIO in full, address) The person concerned:________________________________

(FIO in full, address)

Application for the place where the inheritance is to be opened

"__" ___.__..................................................................................................................................

When I applied to a notary to obtain a certificate of inheritance, the notary explained that I had the right to apply to the court to establish the place where the inheritance was to be opened.

In accordance with article 1115 of the Civil Code of the Russian Federation, if the last place of residence of the heir who possessed property in the territory of the Russian Federation is unknown or outside the territory of the Russian Federation, the place of the opening of the inheritance in the Russian Federation is recognized as the place of such inheritance.

If such inheritance is located in different places, the place where the inheritance is discovered is the place where the immovable property or the most valuable part of the immovable property is located and, in the absence of immovable property, the place where the movable property or its most valuable part is located.

The value of the property is determined on the basis of its market value.

• The place where the inheritance is opened is located at: __ (specify the address of the place where the inheritance is to be opened in its entirety, including the region, city, street, home) because __ (specify the grounds for determining the place where the inheritance is to be opened).
• The location of the inheritance is necessary to obtain a certificate of right to inheritance, and there is no dispute about the right.
• In accordance with articles 131 to 132, 264 of the Code of Civil Procedure,
• Please:

1. Set the place where the inheritance will be opened after death (FIO heir) at: __ (specify the address of the place where the inheritance will be opened in its entirety, including the region, city, street, house).

List of documents annexed to the statement(copies by number of persons involved in the case):

1. Copy of the statement
2. Document confirming payment of State duty
3. Death certificate
4. Documents confirming the right to inherit
5. Documents confirming the location of the estate at the address specified by the claimant

1. Date of the application of the applicant
2. To download the application model: 
3.   Application for the place where the inheritance is to be opened

Application for the place where the inheritance is to be opened

• Procedure for determining the place of commencement of the inheritance
• Model declaration of the place where the inheritance is to be opened
• List of documents attached
• How to apply

Procedure for determining the place of commencement of the inheritance

The place where the inheritance is discovered is the address at which the heir lived before he died.

The address of living citizens is confirmed by the passport registration stamp, but since the deceased person ' s passport is handed over to the civil registry for disposal, the heirs apply to the management company ' s passport desk for a form 29 certificate to confirm the heir.

If the heir is a person under 14 years of age, the default assumption is that he lived with his parents (art. 20, para. 2, of the Criminal Code of the Russian Federation). The registration of a minor is confirmed by the registration certificate issued by the Department of Internal Affairs.

If a citizen has both registrations (at his or her place of residence and residence), the inheritance will be opened on a permanent basis (Abs. 6, para. 6 of the Recommendations..., Ut. by decision of the PNP, protocol of 27 - 28.02.2007 No. 02/07).

In cases where there is no registration as such or if there is only a temporary basis, the property will be located (art. 1115, para. 2, of the Criminal Code of the Russian Federation):

1. The focus is on the location of real estate.
2. If the property is dispersed, each part of it is evaluated by cost and the most valuable part is selected.

There is no legislative procedure for such an assessment, and the heirs determine the value of the inherited property themselves.

Model declaration of the place where the inheritance is to be opened

1. The heirs may, in exceptional cases, apply to the court to determine the place where the inheritance is to be opened.
2. An application for the location of the inheritance shall be submitted to the District Court at the complainant ' s address under the rules on the determination of legal facts.
3. What is contained in the statement:

• The details of the court, the applicant;
• The reasons why the applicant needs to know the place where the inheritance is to be opened;
• Evidence of the impossibility of such determination without judicial intervention (e.g. refusal by a notary for lack of permanent registration of the deceased);
• The address of the place of discovery, the grounds for the allegation;
• Please establish that the inheritance has been opened at the designated address;
• Date and signature of the applicant.

The application is filed if the place of discovery does not affect the fate of the inheritance, but the court ' s finding of a dispute over the right to leave the application without consideration, i.e. in this case, the applicant must defend his rights in the proceedings (Mosgorsud ' s appeal decision of 18 July 2017 in case No. 33-27980/2017).

You can download the application here: The declaration of the place where the inheritance is to be opened is a sample.

Often, by proving his rights, the heir who applied for the location of the inheritance misses the most important thing, and this is proof that the heir lived in a particular place.

For example, a woman who was not in contact with an immature and dark father decided to inherit a daughter after his death, but the deceased was removed from his register and the notary refused to issue a certificate of inheritance.

And witnesses did see an unhuman man, but they didn't even know his name.

The Court refused to establish the place where the inheritance was to be opened (the appeal decision of the Stavropol Provincial Court of 23 August 2016 in case No. 33-7053/2016).

Let's tell you which documents we have to attach to the application.

List of documents attached

The application shall be accompanied by:

• The certificate of death of the heir (copy);
• Documents confirming the composition of the inheritance (copy);
• The claimant ' s birth certificate (copy);
• A document confirming the place where the inheritance was discovered (copy);
• Notary ' s certificate of refusal to issue a certificate of right to inheritance (copy);
• A receipt for the payment of the public service (original).

In order to confirm the last permanent residence of the heir, what documents can be used to confirm the location of the inheritance?

• from the housing and maintenance organization on the registration of the heir at his place of residence;
• From the place of work of a deceased citizen concerning his or her place of residence;
• issued by a housing or building cooperative;
• From the military unit on where the heir lived before he was recruited for military service;
• from the social protection agency to which the citizen ' s pension was delivered.

How to apply

How can you apply for a place of inheritance?

First of all, an application must be made in accordance with the requirements of article 131 of the Code of Criminal Procedure, which is signed by the applicant or his representative (subject to such power of attorney).

It is then necessary to pay the State Ministry for 300 rubles (art. 333.19, para.

The next step will be to file an application with the court.

Please note that the application is submitted to the ordinary court of the applicant ' s place of residence (art. 266 of the Civil Code).

The application shall be brought before the court by the applicant or his representative:

• In person (if the application is submitted in person to the court, an additional copy of the application is required to indicate its acceptance).
• By post (advising the issuance of a registered letter listing the investment and the notification of the service);
• Electronically (this requires a certified record on the State Services website or an enhanced qualified electronic signature).

The place of discovery of the inheritance may not only be established by the court on the basis of documents; therefore, in the absence of supporting documents, it is recommended that witness statements, audio and video recordings should be provided as evidence of the inheritance ' s place of residence.

*** 

Thus, an application to determine the place where the inheritance is to be opened shall be made if it cannot be determined by general rules; the case shall be dealt with in a separate proceeding.

If there is a dispute between the heirs, the court will take legal action against him.