What to do next after inheriting?

When a certificate of right to inheritance has been received by law, the question of what to do next becomes especially relevant. Difficulties arise for persons who do not know the legal intricacies of inheritance.

What actions need to be taken after receiving a certificate of inheritance? Where should I contact? All these issues require detailed coverage and will be discussed in the article.

What is a certificate of inheritance

This is a supporting document, the owner of which can argue his position in inheritance proceedings. It must contain information about the successor, testator, notary and property. The information contained in the certificate must correspond to the actual state of affairs.

Theoretically, it is not necessary to issue a certificate, but practice shows the opposite picture. If this document is available, its owner has the right to safely dispose of inherited real estate (part of it) and movable property. The issuance is made both to one successor and collectively, to the constituent elements of the inheritance or to its full volume.

Who is the certificate issued to?

The certificate is issued to those citizens who have drawn up an application or actually entered into a legal role. The candidates indicated in the text of the will, as well as persons claiming status under the law, are involved in the transfer.

The Civil Code of the Russian Federation identifies seven queues and their representatives, disabled dependents of the testator. The queues are represented by close and distant relatives of the deceased.

The certificate is issued to citizens recorded in the text of the will. Thanks to him, they gain official confirmation of their rights both before the notary and before other legal successors.

How to get a certificate

Chronologically, the procedure for entering into an inheritance precedes the acquisition of a certificate. The property of the deceased can be accepted notarially or virtually. Where should I go to obtain a certificate?

In case of actual inheritance

There are a number of actions, the implementation of which will indicate actual inheritance:

• ownership and management of a residential building, apartment, car of the testator;
• paying off rent arrears;
• taking measures to protect inheritance;
• payment of bills under a social tenancy agreement, for utilities, repair and restoration work, etc.

It is enough to perform one of the indicated actions so that we can say that the inheritance has been accepted. After this, the actual successor has the right to receive a confirmation certificate.

In case of missing deadlines, the establishment is carried out in the framework of court proceedings, where it will be necessary to prove the valid nature of the reason for the missed deadline. It will be possible to become the owner of a certificate only after a positive decision of the judge.

The judicial procedure for resolving the issue of issuing a document has one notable feature: the decision can replace the certificate, but on the condition that the act contains information about the legality of the successor’s claim.

For this to happen, during the court hearing it is necessary to petition for the establishment of the designated fact. The judicial act received in hand will become a full-fledged analogue of a certificate. If it is possible not to resort to court proceedings, in order to obtain a legal certificate of the right to part of the inheritance, you must contact the notary chamber.

When notarizing an inheritance

Where to go if the need arises to register an inheritance? It makes sense to contact the office when the applicant has documents proving the fact of acceptance of the inheritance - a check for payment of utility services, a written agreement for security services.

After receiving the application and submitted documents, the office employee reviews them within the framework of inheritance proceedings and, in case of a positive decision, initiates the issuance of a certificate of inheritance.

Appeal to the ward is carried out at the place of residence of the deceased. If difficulties arise with this, for example, a person lived in another state, then you should contact a notary at the location of the real estate (as a rule, this is the most valuable part of the inheritance).

Procedure

The sequence of actions is as follows:

• To issue the relevant document, an application is drawn up, after which it must be submitted for consideration;
• after receiving the application, the notary verifies the identity using the applicant’s passport, accepts documents on the death of the testator and initiates the opening of a case;
• a written request is registered, papers confirming the relationship are transferred (they need to be collected and presented to the notary according to the list);
• after checking all the documents, a certificate is issued in 2 copies (one remains in the case file);
• on the appointed date, the certificate is handed over to the legal successor in person or sent by mail;
• It is mandatory to notify the guardianship and trusteeship authorities and the tax service if one of the legal successors is a minor and incompetent citizen.

The applicant may be a representative of the heir. In this case, it is necessary to issue a notarized power of attorney for him.

Required documents

Preparing a certificate of inheritance involves collecting the following documents:

• certificate for the deceased testator (judicial act declaring death);
• a certificate indicating the place of residence of the deceased before death;
• a certificate confirming the localization of property;
• birth certificate, act establishing dependent status (confirm the right to inheritance);
• extracts from the Unified State Register of Real Estate;
• technical plan for the object of inheritance, if it is real estate;
• assessment act;

It happens that some of the papers have already been filed in the case thanks to the actions of other legal successors. In this case, you only need to convey the missing ones.

Deadlines

The law does not set clear deadlines for obtaining a certificate when it comes to filing an application. Restrictions affect the timing of accepting an inheritance. You must declare your rights within 6 months from the date of death of the testator. It is impossible to take part in the proceedings later, and the person is also deprived of the right to inherit.

There is an exception to the rule. If the deadline is missed and there is evidence (the reason for the omission is valid), restoration of rights is initiated, but for this you will have to file a lawsuit in court.

If one of the applicants does not accept the inheritance, 3 months are given to contact a notary from the date of expiration of 6 months after death. The preparation and issuance of a certificate of title is carried out six months from the date of death of the testator. This is stated in Article 1163 of the Civil Code of the Russian Federation.

Postponement of deadlines is allowed if:

• a court hearing is held to confirm the rights of the citizen applying for a certificate;
• the birth of another successor is expected;
• the provided papers require examination (raise doubts among the notary office employee).

An accelerated option for obtaining a certificate is possible only if the notary has good reason to state that there are no other applicants for the inheritance.

Expenses

The cost of obtaining a certificate includes the notary fee (legal and technical services) and the state fee. The state duty is set at 0.3% of the value of the property received (for close relatives) and 0.6% for other candidates.

The following persons can receive an exemption (including partial) from payment:

• disabled people of the first and second groups (pay half the amount);
• dependents (disabled and minors);
• legal successors of citizens who died while performing military service.

The cost of legal and technical government services directly depends on the tariffs in force in a particular constituent entity of the Russian Federation. In Moscow, a certificate of title to real estate requires the payment of 5,000 rubles, and for movable property – 3,000 rubles. WWII veterans and concentration camp prisoners are completely exempt from the tariff.

When is canceled

The grounds for revocation of an already issued certificate are as follows:

If an annulment occurs, the heir returns the property or compensates its value to another successor.

What to do next

After entering into an inheritance, the question of what to do next arises almost immediately. When the document is in hand, the recipient of the inheritance needs to make a choice. He has received a certificate and now has the right to use the property for its intended purpose, donate it or sell it.

An integral step is preliminary registration of ownership by registering with Rosreestr (if we are talking about obtaining real estate), with the traffic police (when it comes to a vehicle).

Real estate

What to do if you inherited an apartment or received a house? Housing is registered in the appropriate register. Full ownership is possible only after this procedure. To do this you need:

• contact the branch of Rosreestr or the MFC and submit applications for registration of ownership (its transfer);
• collect a package of documents (certificate of inheritance, passport, technical plan, receipt of payment of the duty);
• wait for a response on the resolution of the issue (successful registration or refusal);
• obtaining an extract from the Unified State Register of Real Estate, which confirms the full transfer of property into the possession of the heir.

Vehicle

10 days are allotted for re-registration of the car; for delay, a fine of 2000 rubles is charged. To change owner information, you need to do the following:

• pay the state fee (850 rubles);
• make a new MTPL policy;
• take a new diagnostic card;
• submit an application and a package of documents to the State Traffic Safety Inspectorate.

You will need the heir's passport and a car certificate.

Bank deposit

To withdraw cash from deposits received as an inheritance, or to re-register a deposit, you must go to a specific bank branch and submit an application. It is mandatory to provide the received certificate (judicial act). All the necessary information on the account is in the bank, so no additional paperwork is required.

Business

The enterprise as an inheritance will become full-fledged property only after the registration of the property complex has been carried out. Despite the integrity of the transferred real estate with tangible assets, real rights and trademarks, the inherited object can be divided between the heirs (joint property).

Registration is similar to the real estate transfer scheme. You should contact the Rosreestr branch. If future plans include continuing the business, you will need to register as an individual entrepreneur or legal entity (if this has not already been done).

If the business is sold, it all comes down to registration with Rosreestr. The enterprise will be transferred to the recipient only upon payment of a duty in the amount of 0.1% of the assessed value. Selling a business is one of the options for the development of events. The purchase and sale transaction does not require prior contact with the tax authority.

Share in a business company

A limited liability company assumes that its part will go to one of the legal successors only with the consent of other participants. If there is a refusal, the citizen has the right to receive the compensation due to him. In essence, the share is sold to existing members of the company.

Upon receipt of their consent, information about the new owner is entered into the database through the tax service (Unified Register of Legal Entities). Consent must be given by all members of society without exception.

Weapon

The weapon that was in the possession of the deceased during the investigation is transferred to the police for safekeeping. If the legal successor receives permission to purchase, carry and store weapons, he will be able to receive it in the prescribed manner.

Otherwise, the weapon must be sold to those persons who have such a permit. One year is allotted for implementation from the date of receipt of the inheritance certificate. If the deadlines are not met, the weapon is transferred to state ownership, and the copyright holder receives compensation (it is less than the amount that can be obtained upon sale). The decision on transfer is made by the judicial authority.

Debts

Any registration of inheritance in one way or another concerns the debts of the deceased. Since they are tied to existing material wealth, inheritance will entail their transfer to new owners. The resulting rights to property raise the question of what to do with the debts of the deceased.

In some cases, the debt turns out to be greater than the possible profit from the property. If there is no desire of the heir to assume a debt obligation, the inheritance is renounced.

After receiving the certificate (six months after the opening of the inheritance proceeding), it will not be possible to refuse.

There is an exception to this rule; it concerns actual heirs and requires a positive outcome of the trial.

Obtaining a certificate is not a difficult task. Proceedings regarding inheritance can be much more complicated.

What needs to be done next when you have a certificate of the right to inheritance under a will or by law? This question sometimes seems quite difficult.

You can get significant help in solving it from professional lawyers. If you have legal knowledge, you can take on the matter yourself.

What to do after inheriting

After entering into an inheritance, worries do not become less. There are bureaucratic formalities, without which it is simply impossible to get what you are owed: you must collect a set of documents, clarify your status with several government agencies and, if necessary, pay tax.

To receive an inherited property estate, you must submit an application to a notary's office before six months have passed from the date of death of the testator. As soon as this period ends, they receive a certificate of ownership of the inheritance.

Where to go with such paper and what to do after entering into an inheritance?

How to secure the right to inherited property

• passport;
• certificate confirming the right to inheritance;
• receipt for payment of state duty.

Registration of rights is confirmed by the issuance of a corresponding document, which means that the procedure for registering an inheritance is completed and the heir can dispose of it as he sees fit.

If the inherited property is a car, then to complete the registration procedure the car must be registered with the traffic police located at the place of registration of the person who received the property.

Strict deadlines for obtaining a certificate of ownership are not provided for by law. Heirs have the opportunity to refuse to receive a certificate. But when selling, donating, or bequeathing such property, problems will certainly arise. This will be impossible to do, since there are no title documents confirming the rights to housing or cars.

Is it possible to sell a home without registering ownership?

The formal right to dispose of housing appears to the heirs from the day the inheritance is opened, that is, from the moment of the death of the testator.

From now on, they can use the apartment or house at their own discretion: live there or rent it out, pay utility bills and do repairs (redevelopment).

However, it is impossible to sell housing for which ownership has not been registered. In order for the process of alienation of an apartment to be completed, it must first be re-registered as ownership.

A certificate of the right to inheritance is issued on the basis of reliable data confirming that, in addition to the persons who applied for their shares, there are no other heirs who are entitled to a share in the inherited property mass. The reliability of the data is assessed by a notary. In practice, this issue can cause trouble for all parties, since there are no clear criteria for determining reliability.

What to do when inheriting a plot of land

• The city Archives receives a decree that the land has been granted ownership.
• If the land is located on gardening territory, then an archival extract attached to the resolution is filled out.
• A cadastral passport is ordered from Rosnedvizhimost. It is drawn up according to form B.1, that is, without demarcation.
• The Federal Tax Service is required to obtain an extract indicating the absence of debt. It will not be issued unless the state fee is paid.
• You need to obtain an extract from the Unified State Register from the registration service.

And this entire set of documents should be provided to a notary, who will issue a certificate of inheritance. Now the acquired right should be registered in the Registration Service department, and only after that the plot will be at the disposal of the heir.

What to do if you inherit debts

Along with property, heirs often receive debts, for example, unpaid utility bills, credit, loans, installments. As an option, the housing received under the will is mortgaged. The person who has acquired the right of ownership has two legal ways out of this situation:

• He may renounce the inheritance in favor of other relatives if he is unable to cover his debt obligations.
• To get rid of a loan, loan or installment plan, it is enough to file a lawsuit and appeal against attempts to claim funds from credit institutions.

Important: no organization has the right to unreasonably demand the debts of the deceased from his heirs, therefore, if the fact of inheritance is not confirmed, then no payments need to be made.

How to receive an inheritance if it is a bank deposit

• a will, notarized and drawn up in the presence of a bank employee;
• a document confirming the right to receive an inheritance share. Notarized, with a wet seal.

If the deceased has children who have not reached the age of majority or other relatives who claim an obligatory share in the inheritance, then the will will not be fully executed in the part where all other inheritors appear. The procedure for transferring deposits from owner to owner is free and simplifies the process of receiving inherited deposits.

Important: the will must be drawn up in the presence of a clerk working at the bank that opened the deposit account. In addition, it is mandatory to determine the circle of persons (if there are several) to whom shares in the deposit will be allocated.

When the inheritance of a deposit is formalized by a notary, the bank is provided with:

• passport;
• a certified copy of the death certificate;
• documents confirming the existence of a deposit, for example, an agreement on opening a deposit account;
• bank card;
• documents confirming relationship with the deceased;
• if the heir is a foreigner - a passport and visa translated into the state language of the subject of the Russian Federation.

In a situation where the will was drawn up in a bank, the heir must provide the following papers: passport; a notarized copy of the death certificate, bank statements.

The bank is not obliged to search for heirs. Contributions that are part of the will, and those that are not claimed, become state property. In some cases, heirs may claim a deposit before the six-month deadline, for example, the reason is the need to pay for the services of a funeral home.

Do I need to pay a state fee when receiving an inheritance?

Many people think of inheritance as the acquisition of rights, while many do not even think about the existence of equivalent responsibilities. According to the Constitution and the Tax Code of Russia, paying taxes is one of the main responsibilities of citizens. The Tax Code of the Russian Federation stipulates that the amount of state duty for those entering into an inheritance may be different. According to the general order of inheritance:

• The certificate is issued to relatives of the 1st and 2nd stages (children, parents, spouses, brothers/sisters) and they pay the state 0.3% of the total value of the received property mass. However, this amount cannot exceed 100,000 rubles.
• Heirs further in line are required to pay 0.6% of the total cost, and the maximum amount is 1 million rubles.

Registration of property rights is the direct responsibility of the heir, which consists of observing a cycle of formalities and collecting title documents. It is not enough to simply enter into an inheritance; you need to perform a number of procedures to facilitate the acquisition of the ability to dispose of the received property individually and at your own discretion.

Procedure after entering into inheritance in Russia

​What From the moment they receive a certificate of inheritance from a notary's office, citizens can not only own, but also dispose of acquired property assets.

In relation to movable property (furniture, household appliances, etc.) no additional actions need to be taken. However, for the most valuable assets, after the completion of the inheritance case, many formalities must be observed - registering ownership, obtaining title documents, etc.

Peculiarities of entering into the rights of heirs

After the death of a citizen, his relatives (in case of inheritance by law) or any citizens and legal entities named in the will can register ownership of property after the death of a citizen. Before issuing a certificate of inheritance, the notary checks the following facts and circumstances:

1. composition of heirs - each potential recipient of property must confirm his will by submitting an application;
2. list of property assets - the specified information is provided by potential heirs, or the notary submits requests to the authorized bodies (Rosreestr, traffic police, banks, etc.);
3. the presence of family ties with a deceased citizen (in case of inheritance by law);
4. compliance with the deadlines for submitting an application to a notary’s office - the desire to accept an inheritance must be notified to the notary in writing within six months;
5. absence of grounds preventing entry into inheritance (for example, recognition as an unworthy heir, etc.).

After six months from the opening of the inheritance, the notary is obliged to issue a certificate to each heir who has confirmed his desire to accept the property.

When inheriting by law, all assets and funds are divided in equal shares between heirs of the same line.

According to the will, the size of the shares may not be the same, and the testator may distribute certain property in favor of specific persons.

Receiving a certificate from a notary's office means that the heir has acquired ownership of part of the property. At the same time, the inherited property is transferred to the recipient - movable property is actually transferred to citizens, and rights to real estate or vehicles are subject to official registration.

It must be taken into account that simultaneously with the acquisition of rights to property, the heir “receives” a proportional part of the debts of the deceased citizen. This fact is not reflected in the certificate, since this rule is contained in direct provisions of the law.

Let's consider how rights to inherited property are secured, and what procedures must be followed after entering into an inheritance.

What to do with real estate

• the entire property or the share allocated to the heir must be registered in the state register of the Unified State Register of Real Estate;
• each heir who has received a share of the property applies to the registration authorities independently of each other;
• the law does not define deadlines for applying for registration of rights, no penalties are provided for this;
• Until the right is registered in the Unified State Register of Real Estate, the heir will not be able to dispose of the property - sell or lease to third parties, donate, bequeath, etc.

You can own and use real estate without re-registration of ownership rights without restrictions.

What to do with the apartment after inheriting in order to register ownership? To do this, follow the following algorithm of actions:

1. if the residential premises have not previously undergone the cadastral registration procedure, or the apartment was divided into shares between several heirs, you need to apply for the preparation of a technical plan;
2. the production of a technical plan is the responsibility of a cadastral engineer, who records all the characteristics of the apartment or individual shares;
3. the technical plan and certificate of inheritance are submitted to the MFC “My Documents” or directly to the Rosreestr service;
4. information about the new owner is entered into the Unified State Register of Real Estate, and the heir is issued an extract from the state register.

It is with the issuance of an extract from the Unified State Register that ownership is officially confirmed. In addition to the ability to dispose of real estate in civil transactions, this entails the following consequences:

• information from the Unified State Register is automatically transmitted to the tax authorities, which will calculate property tax in relation to each property;
• from the moment of registration of ownership, the owner of the apartment is obliged to pay contributions for major repairs if the residential premises are located in an apartment building;
• After entering information about the new owner into the Unified State Register of Real Estate, the apartment may be foreclosed on for the debts of the deceased citizen.

One of the principles of maintaining the USRN register is accessibility and openness. This means that information about the new owner will be available to an unlimited number of people.

When inheriting a land plot, additional nuances arise, although registration of ownership takes place according to similar rules. Here's what heirs who inherited land need to consider:

1. if the plot is inherited by several persons, in order to register rights to shares it is necessary to carry out land surveying and prepare a land survey plan;
2. the production of a boundary plan is also carried out by a cadastral engineer;
3. the heirs have the right to enter into an agreement on the distribution or determination of shares - on the basis of this document, the engineer will mark in the boundary plan the parts of the site belonging to each new owner;
4. registration of rights in the MFC or Rosreestr will take place on the basis of a boundary plan and a certificate of inheritance.

When inheriting a land plot, its intended purpose and permitted type of use remain unchanged. For example, if at the time of the testator’s death the plot could only be used for agricultural production, the heir will be able to change it only after registering the right.

Other legal consequences that occur after registration of land ownership will coincide with other types of real estate - assessment of land tax, foreclosure of the plot for the debts of the testator, etc.

Registration of car rights

If a car is inherited, the rights to it must also be registered. Otherwise, the heir does not even have the right to drive the car, since the first check of documents by traffic police officers will reveal a discrepancy between the vehicle registration certificate and the actual owner.

What to do with the car after inheriting? Having received a certificate from a notary office. You need to do the following:

• apply to the territorial division of the State Traffic Safety Inspectorate with an application for registration of ownership of the vehicle - the basis for re-registration will be a notarized certificate;
• when re-registering a car to a new owner, state registration numbers can be retained, or new license plates can be obtained;
• the heir will receive a vehicle registration certificate, on the basis of which he must reissue the MTPL insurance policy.

If the heir does not have a driver's license, he will not be able to drive the car even after registering ownership. This does not make it impossible to transfer the right of control to other persons under a power of attorney or lease agreement, or to sell the car to third parties.

From the moment of registration of rights to a car, the obligation to pay transport tax arises. Information about the new owner is transmitted by the traffic police service to the tax authorities, so the requirement to pay transport tax will be sent to the heir automatically.

Nuances of registration of inheritance rights

When registering the rights of heirs in relation to real estate and vehicles, additional nuances may arise. For example, if the heir is a minor citizen, he can also register ownership. To do this, you need to consider the following nuances:

1. for children under 14 years of age, all actions are carried out by their legal representatives (parents, guardians, etc.), who will apply for the registration procedure;
2. minor heirs who have reached the age of 14 will themselves apply for registration of rights, but this requires the consent of adult legal representatives;
3. in relation to children-heirs, the rule on proportional acceptance of debt obligations of a deceased citizen also applies;
4. property, land and transport taxes will also be charged on child heirs.

Registration of rights to an inherited car must be carried out simultaneously by all heirs if the car was received in shares.

Since this option for owning and disposing of a car is difficult to implement in practice, it is advisable to redistribute the heir’s property even upon completion of the inheritance case.

For example, in exchange for a share in a car, the heir may receive part of the funds that belonged to the deceased citizen. In this case, the redistribution of property can occur on the basis of an agreement concluded between the heirs.

What to do after receiving a certificate of inheritance by will or by law

The state allots six months to conduct the inheritance case. During this time, the notary studies and evaluates the property of the deceased testator, finds out which of the relatives are the heirs and what share each of them is due. After this period, the heirs are issued a document - a certificate of right to inheritance.

This paper is the main (in addition to the will) confirmation that the inheritance was received legally. Based on the certificate, relatives can enter into inheritance rights.

Issuance of a certificate of inheritance: further steps

So, the necessary documents were collected, the notary established all the circumstances of the inheritance case and identified the circle of legal successors who should inherit the property and valuables of the deceased.

At the state notary's office, each heir receives a certificate of the right to inheritance (in person or through a legal representative). In this case, the heirs pay a state duty in the amount of 0.3 to 0.6 percent of the value of the property involved in the inheritance process.

• When receiving a certificate of inheritance for an apartment , the heir should contact the Rosreestr authorities or a multifunctional center for the provision of public services to register the housing in his name. This procedure takes 10 working days.
• inherited vehicle must be re-registered and documents issued for it.
• If the deceased has a deposit , then you must contact the bank and present, among other documents, a certificate of inheritance. Bank employees will re-register the deposit or issue the due amount.

In what cases is it necessary to register inherited property?

Now that there is a certificate of right to inheritance, the heir is faced with the question of what to do next. Is he already the full owner of the acquired property or not? According to Russian legislation, some types of inherited property are subject to registration. This includes real estate and vehicles.

Cadastral registration of real estate is maintained by Rosreestr . He (along with the MFC) is responsible for registering housing rights. According to current legislation, this procedure may not be carried out. But if the real estate is not registered, the new owner will not be able to fully take ownership and, therefore, make real estate transactions.

In other words, based only on the certificate, the heir can only live in the inherited living space, but not sell it or rent it out. Unregistered housing cannot be given as a gift, mentioned in a will, or exchanged.

You also need to pay a state fee and write a corresponding application. After following all procedures, the successor will be issued a certificate of registration .

If the heir is not limited in time to register an apartment, then he has only ten days a vehicle The procedure takes place at the traffic police, where you need to come and provide a car.

Before this, it is important to undergo a technical inspection, purchase a compulsory motor liability insurance policy and pay the fee. It is calculated as a percentage of the cost of the car (its valuation is carried out by a notary, and necessarily on the day of death of the former owner).

Next, the assignee submits the following documents to the inspection::

• original passport;
• certificate of inheritance;
• vehicle passport (PTS);
• previous registration certificate (issued to the testator);
• OSAGO policy;
• application for vehicle registration.

Important : if the testator, during his lifetime, issued a power of attorney for the right to drive a vehicle to other persons, from the moment of the owner’s death this document ceases to be valid.

When receiving a monetary deposit as an inheritance, the heir contacts the bank, having in hand a certificate and the necessary package of documents:

• original passport;
• a copy of the death certificate of the deposit owner;
• savings book (if available) or bank agreement on opening a deposit;
• certificate of inheritance issued by a notary;
• documents confirming the family ties of the testator and heir;
• if available – a notarized copy of the will;
• information about the applicant's current account.

Sberbank is given no more than 5 working days to consider the application of the legal successor, after which (if all documents are in order) the account is re-registered or the amount due is transferred to the heir.

Debts of the testator

Having debts from the deceased is a fairly common case. Debt obligations are of two types:

• Not inherited . This includes those obligations that terminate with the death of the debtor (unpaid alimony or penalties for failure to fulfill an agreement related to professional activities)
• Transmitted by inheritance . These are debts for housing and communal services, various types of loans, penalties accrued for late payments, etc.

If there is only one heir, debt claims are made only to him. If there are several of them, then the debt is distributed to each of them in equal shares, similar to how the inheritance is divided between them in equal shares.

All relatives who agree to the inheritance automatically become successors to the debts of the deceased. In this situation, the question arises whether to accept such burdensome obligations or to find a way to refuse them.

If the total value of the inheritance and the amount of debt are identical, the heirs are faced with a difficult choice, and the solution of the issue goes into the sphere of individual cases. A different situation occurs if the deceased left behind much more debt obligations than property. It is a rare heir who will agree to take on the headache and pay off the debt at his own expense.

Nuances of inheritance

What you should pay attention to when accepting an inheritance:

• If the amount of debt exceeds the values ​​accepted for inheritance, then the heirs are not liable to creditors with their own property, not related to the inherited property.
• Utilities can only claim debts for housing payments for the last three years.
• Personal debts of the deceased can pass to the heirs only if the lender has a written receipt. A similar limitation on the statute of limitations applies here. In addition, private debts are often successfully challenged by heirs in court.
• From the moment a person accepts an inheritance, credit institutions begin to charge late fees.
• If the loan agreement does not specify restrictions on causes of death, the loan is repaid not by the debtor’s heirs, but by the insurance company.

Refusal of inheritance can be issued not only within the six-month period while the inheritance case is being processed. Interestingly, it is permissible to do this even after you have inherited an apartment or vehicle.

It is important to remember that a waiver is not retroactive and the decision related to it is final . Then, most likely, the debts will absorb the bequest, but these obligations will in no way affect the heirs.

It happens that new heirs are announced, and then the notary’s office is obliged to double-check everything and, if necessary, recalculate the amount of inheritance due to the legal successors.

There are also frequent legal proceedings during which the right of some participants in the process to their share of the savings of a deceased relative may be revoked. To prevent this from happening, it is important to work harmoniously with lawyers at the initial stage.

If additional, for the time being unknown, property is discovered, then the previously issued certificate remains in force . After assessing the value of the new property and paying a fee based on this assessment, the property is included in the estate.

Conclusion

Thus, the total period for citizens to enter into inheritance is six months, from the date of death of the testator until the issuance of a certificate of inheritance. During this period, the size of the estate left by the deceased and all probable heirs are established, who, after completing the necessary documents, can register the inherited property in their name.