Division of inheritance between first-degree heirs

Last modified: June 2023

The Civil Code of the Russian Federation outlines how the inheritance is divided between first-priority recipients - close relatives. To prepare documents, it is important to take into account some legal nuances.

Who is the priority recipient

Persons who lived together without registration cannot claim their rights to inheritance after the death of their husband or wife.

A dependent spouse can claim ownership of the deceased's home or car, but a person living in a "common law" marriage with the deceased is not recognized by the court unless there is a will. The fact of living with the testator is proven at the hearing of the case.

The heirs of the first stage according to the law (clause 1 and clause 2 of Article 1142 of the Civil Code of the Russian Federation) are:

• surviving spouse;
• son daughter;
• parents;
• grandchildren are an exception.

Shares in the inheritance are received by persons in the 1st stage. If the deceased had only one close relative, for example a spouse, he receives monetary compensation or an object in real form. In court, all property is divided fairly.

Things are distributed evenly among all persons, or unevenly, according to a court decision, in the presence of special circumstances. The blood relationship between the recipient and the testator is documented.

Are parents heirs? A mother and father of retirement age or with a disability group can contact a notary. The only exceptions are parents who were deprived of their rights and did not participate in raising the child (clause 1 of Article 1117 of the Civil Code of the Russian Federation).

If there is a will

With a will, the transfer occurs according to the rules, but with nuances. The Civil Code of the Russian Federation determines categories of people with a mandatory percentage if they were not indicated in the documents.

Obligatory shares have (legal successors with obligatory share):

• minors;
• parents who are unable to work;
• disabled persons over 18 years of age;
• spouse - on disability leave, on maternity leave, disabled.

• After the death of the father, minor (or disabled) sons and daughters receive what is due to them, even if another person was indicated in the will.

Employees of the OiP body represent the interests of children after the death of their parents (Article 1167 of the Civil Code of the Russian Federation) and ensure that they are not deprived if there is a will.

The will establishes a clear list of recipients, but some persons inherit an obligatory share, even in the absence of a surname in the document (clause 1 of Article 1122 of the Civil Code of the Russian Federation), but the question arises: are adopted children heirs of the first priority? If there is an adoption certificate, they have equal rights with their relatives.

 

It is important to understand how the inheritance is divided among first-degree heirs without a will in order to avoid errors in registration. According to the Civil Code of the Russian Federation, the following have the right to divide the inheritance, regardless of the order:

• persons adopted into the family, registered under the law on adoption;
• dependent citizens (cohabitants, nephews);
• relatives who were financially supported by the deceased.

1. If there is no will, the dependent provides evidence of kinship or financial support from the testator to the court.

If a controversial situation arises, the distribution of the inheritance between the first-priority heirs is carried out in court. After studying the provided documents and evidence of kinship, the judge also determines the shares of inheritance by law.

If there is no dispute, then you can register the share with a notary, in the standard manner.

Basic rules for inheriting property without a will of the first stage:

1. In court, property is divided taking into account requirements, applications, and legal norms.
2. Violators are deprived of their rights, deemed unworthy recipients, and excluded from the division process.
3. The first line of inheritance is blood relatives and spouses. However, dependents have equal rights when registering property.
4. If there are no claims against other relatives, you can register your interest in the property with a notary.

Relatives, at their own discretion, file a lawsuit to remove one of the family members from the list of heirs.

Grounds for such recognition (clause 1 of Article 1117 of the Civil Code of the Russian Federation):

1. The commission of illegal actions by a person in relation to the participants in the process.
2. Obstruction, threats when drawing up a will for the deceased, intentional damage or loss of a will.
3. Increasing your percentage by illegal means, using blackmail, threats.
4. Intentionally involving other recipients of property in violation of the registration procedure, an attempt to remove them from the list for committing an illegal act;
5. Other discovered circumstances that violate current legal norms.

If there are no grounds for recognizing a person as an unworthy heir, it is enough to contact a notary. They choose an office at the place of official registration and provide a passport and birth document. The specialist will provide all the necessary forms to fill out.

Section Features

The other share is divided between children and grandchildren (by the right of representation (clause 1 of Article 1146 of the Civil Code of the Russian Federation), as well as parents. The husband or wife also claims their percentage in the common inheritance.

If valuable things or an apartment were acquired by the spouse before marriage, or executed under a gift agreement, then the division occurs equally.

Nuances that are taken into account when inheriting:

1. The inheritance must be divided equally among all representatives of the first line.
2. When it is determined who the heirs of the first priority by law are, the paperwork process begins.
3. In order to respect the order of inheritance of shares, citizens can enter into an agreement among themselves and independently distribute property in equal shares among those who have the right to it (clause 1, article 1165 of the Civil Code of the Russian Federation).
4. For the remaining spouse, the division of the apartment by inheritance occurs according to the following scheme: his own, indivisible part is determined, and everything that remains is divided in the standard manner.

 Property is transferred from parents to children in the first place, however, it is important to know how housing and movable objects are inherited. If only grandchildren remain, they participate in the process by right of representation from their parents (clause 1 of Article 1146 of the Civil Code of the Russian Federation).

How to divide property between children:

1. Visit the notary's office, fill out an application and attach your passport and birth certificate to it. To prepare documents for children under 18 years of age, the presence of another parent or guardian or a representative of the guardianship service is required.
2. Contact the Register and register ownership.
3. If a controversial situation arises, a statement of claim is drawn up and the process begins in court.
4. Movable and immovable properties are distributed by court order among all applicants.

Before dividing the inheritance between children, you should make sure that there are no unworthy heirs.

Between brothers and sisters, the division occurs in equal parts, in the absence of special marks. One of the children may receive more if:

• other recipients gave up their share;
• the person claiming to receive the property is found unworthy;
• illegal actions were committed against the deceased or other recipients of the inheritance. Anyone who interferes with the registration of the inheritance will be excluded from the queue.

• To protect violated rights, you need to go to court, where a statement of claim will be drawn up.
• This short video explains in detail about shares in the inheritance:
• The procedure and conditions for transferring valuable things by inheritance are determined by law:

1. If a document describing the last will of the deceased was not found or declared invalid, movable and immovable objects are inherited by the one who is recognized as a worthy recipient, in accordance with the norms of the Civil Code of the Russian Federation. Items not specified in the will are also divided according to law.
2. Natural and adopted children have the right to an apartment and other objects.
3. Inheritance by parents from deceased children is possible, provided that the father and mother are disabled or have a disability group.
4. Under the Civil Code of the Russian Federation, non-working minors are obligatory heirs.
5. The degree of relationship is determined by documents and witness testimony.
6. It is necessary to divide things and real estate objects and register them as ownership within 6 months from the date of opening of the inheritance (clause 1, article 1154 of the Civil Code of the Russian Federation).

When making a decision, the court takes into account many factors: whether the property is divisible or indivisible, whether the things were used by the heir during the life of the relative, whether the deceased and the applicant for the inheritance lived together.

If movable or immovable objects are recognized as indivisible, the one who registers them as property is obliged to transfer monetary compensation to other heirs.

The law protects the rights of all citizens, including the deceased owner of property, therefore, when making a decision, the court analyzes all known facts and studies documents. In some cases, persons not specified in the will have the right to receive a compulsory share.

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Division of inheritance between first-degree heirs

Home / Inheritance / How the inheritance is divided between first-line heirs

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Disputes between relatives over inheritance are not uncommon. Moreover, sometimes disputes arise even between the closest relatives, for example, parents and children.

To avoid conflicts, the legislation provided for the procedure of inheritance and division of inherited property. In this article we will look at how the inheritance is distributed among first-line heirs.

Inheritance by law. Order of heirs

After the death of a relative, the issue of inheritance comes on the agenda. Who will inherit? How to divide the inheritance? Who will get what?

If a will was not drawn up during life, inheritance will occur according to law. In accordance with the law, inheritance occurs in order of priority, depending on the degree of family ties.

The closest relatives of the deceased - his husband or wife, children, as well as parents - inherit first.

Heirs of the first stage. Division of inheritance

In Russian legislation there are 7 lines of heirs. The first line includes the closest relatives of the deceased:

• husband or wife;
• children;
• parents.

Husband wife

The right of inheritance is granted only to the spouse with whom the deceased was in an official marriage registered with the civil registry office. Living together in a so-called “civil” marriage or church marriage (wedding) do not give a man and woman the right to inheritance.

If a husband and wife divorce even one day before death, they are deprived of the right to inherit after each other.

You can often hear the erroneous statement that the husband or wife receives the largest share of the inherited property - more than half. This is wrong.

Before dividing the inheritance, you will need to allocate equal shares from the joint property of the spouses that belonged to each of them - the deceased and the living (according to the same principle as during a divorce). The deceased's share will be distributed among the heirs, including the living spouse.

Thus, the husband or wife will receive half of the joint property and part of the inherited property, on an equal basis with the other heirs of the first priority.

In addition to joint property, the personal property of the deceased is also subject to inheritance. The personal property of a living spouse (even if it was used by both spouses, even if it looked like common property, for example, an apartment) is not subject to inheritance.

For example, during marriage, a husband and wife built a house. It belonged to the two of them as joint property. The couple had one son. After the death of her husband, the question of dividing the house arose. Half is the wife's property.

The second half is subject to division between the three heirs of the first stage - the wife and two children. Thus, the son’s share will be 1/4, the wife’s share will be ¾. By analogy, the division of other common property of the spouses occurs.

Children

All children of the deceased have the right of inheritance:

• both those who were born in an official marriage and illegitimate children;
• both natural and adopted children;
• born during the life of the testator and after his death (over the next 10 months).

Parents

Parents who survive their child have first right of inheritance.

Both father and mother have equal shares, regardless of whether they are married, long divorced, or never married at all. Parents who adopted the deceased have the right of inheritance, just like relatives.

Parents who were previously deprived of parental rights in relation to the deceased do not have the right to inherit.

Other heirs of the first stage. Right of representation

It happens that the heir of the first stage (in particular, the son or daughter of the testator) dies even earlier than the testator himself or at the same time as him. Then the right of representation is applied, according to which the grandchildren of the testator (that is, the children of his children) receive the right to inherit instead of their deceased parent (the testator's son or daughter).

The share that should have gone to the deceased heir is equally divided among the heirs by right of representation.

For example, at the time of a man’s death, his wife, as well as his father and mother, were still alive. The only son died several years ago. My son has two children. The inheritance will be divided into four equal parts - one quarter each for the wife, father and mother, and one quarter for the son's children. The share of the son's children will be divided equally between them.

The only obstacle to inheritance by right of representation is the will of the testator, set out in the will, according to which these heirs (grandsons or granddaughters) are disinherited.

Dependents

The law provides for another category of legal heirs - dependents. They can be relatives from one of the seven lines, or they can be complete strangers (for example, a common-law wife).

But to enter into inheritance the following conditions must be met:

• disability of a dependent;
• the material support provided by the testator was the main source of income for the dependent;
• maintenance for a year until the death of the testator;
• cohabitation for a year before the death of the testator (if the dependent is not a relative).

A dependent can count on no more than ¼ of the inheritance, even if there is no other first-line representative besides him.

Distribution of inheritance among first-degree heirs. Shares

Above, when considering representatives of the first stage of heirs and heirs by right of representation, we mentioned the procedure for distributing the inheritance between them. Now we will simply summarize the mentioned legal provisions.

So, the inheritance is divided equally among the representatives of the first priority.

If the testator's husband or wife is among the heirs, his share in the common marital property is first established - it is not subject to division, but belongs to him. The remaining share that belonged to the deceased spouse is divided among the heirs, including the spouse.

For example, if there are four heirs, each will receive ¼; if there is only one, he will inherit everything.

The share of heirs by right of representation is determined according to a different principle. The share that would have belonged to the deceased heir is distributed equally among his heirs.

Depending on how many there are, the size of the share will depend.

Despite the detailed provisions of the law, the heirs themselves can determine the order of distribution of shares and the size of the share of each of them - by drawing up an agreement. If they cannot reach an agreement (for example, the size of the shares does not suit them), and it is impossible to conclude an agreement, the division of the inheritance can be carried out through the court.

Inheritance by will. Mandatory share

Previously, we talked about inheritance by law, in particular, about primary heirs. It's time to talk about inheritance under a will, since the rights of some primary heirs are taken into account even in the presence of a will.

The fact is that the legislation provides for a mandatory share, which can be claimed by the closest relatives of the deceased, even if by will he deprived them of any rights of inheritance.

The following may apply for the obligatory share:

• Disabled husband or wife;
• Disabled father, mother;
• Disabled children;
• Minor children.

Minor children are children who were under 18 years of age at the time of opening the inheritance. Disabled children, parents or spouses are pensioners and disabled people.

Mandatory heirs can claim half of the share that would have belonged to them if there were no will.

Inheritance terms for the first stage

According to the law, exactly 6 months from the date of death of the testator are allocated for registration of inheritance. There are exceptions to this rule:

• The six-month period may be calculated not from the date of death, but from the date the court made a decision declaring the testator missing or dead;
• The deadline for registering an inheritance may be extended if, for good reasons, the primary heir was unable to do this in a timely manner. Read more about this in the article “How to enter into an inheritance after 6 months”;
• If the primary heir is an unborn baby, he will enter into the inheritance after his birth, regardless of the 6-month period.

If none of the primary heirs enters into the inheritance, this right is granted to the second priority, for which 6 months are also allocated. And so on…

You will find more information about the order of inheritance in the article “The order of inheritance by law.”

How is the inheritance divided between first-priority heirs according to the law?

In the absence of a will, which reflects the last will of the deceased relative, entry into inheritance rights occurs in the order of legal priority, sequentially.

That is, representatives of only one line can lay claim to material benefits, and if there are none, then the values ​​pass to the participants of each subsequent level of kinship.

The place of the leaders in this table is occupied by the heirs of the first stage, and how the inheritance is divided depends on many factors.

Inheritance by law. Order of heirs

Chapter 63 of the Civil Code of the Russian Federation regulates the conditions and procedure for acquiring property rights to inheritance in the order of legal priority. Article 1141 of this legal document fixes the basic principles of distribution of benefits between representatives and establishes how the inheritance is divided in each specific case:

• consistency must be observed;
• it is necessary to confirm the levels of relationship with the deceased testator;
• in addition to the main list of applicants, there are candidates with the right to receive property based on presentation;
• except for special cases, property is divided between representatives of the same line in equal parts.

Important! There are cases when there are first-level relatives, but they do not receive an inheritance. This applies to situations where the heirs renounced their rights to property or were declared null and void, that is, such that they are deprived of inheritance rights.

Heirs of the first stage. Division of inheritance

In total, in Russian legal practice it is customary to distinguish between seven lines of heirs, which are divided according to the degree of relationship with the deceased citizen. Thus, the following are the first to claim the division of the entire inheritance:

• official spouse;
• biological and adopted daughter and son;
• mother and father of the deceased person.

Husband wife

The following types of marital relationships are recognized as moral and ethical standards:

1. Registration of an official marriage at the registry office with receipt of the appropriate certificate. From the day of the wedding, mutual legal rights and obligations arise between the husband and wife in relation to each other. This applies to the acquisition of ownership rights to real estate and other benefits that are recognized as common and belong to the spouses in equal shares.
2. Civil marriage. This type of relationship involves living together, running a common household and sharing expenses, but such living has no legal force and does not create mutual legal obligations (with the exception of raising common children).
3. Church Union. Wedding is also not the basis for recognizing a couple as spouses.

How the inheritance is divided among first-degree heirs depends on whether the deceased citizen had an official spouse. If the testator was not legally married, then the assets in equal parts go to other representatives of the queue.

Attention! When a marriage relationship is dissolved, mutual legal rights and obligations are lost, so the former partner cannot lay claim to the inheritance. Even if the divorce was finalized a few hours before the death.

If there is an official spouse, the division of property benefits occurs according to the following formula:

All family property – personal property of the living spouse – 50% of all benefits (which are the widower’s spousal share) / based on the number of applicants in the queue.

For example, the property of deceased citizen A is inherited. He did not draw up a will, so the property passes into the possession of representatives of the first level of legal priority. The deceased A. is survived by his wife, citizen O., as well as a minor son, citizen D.

When dividing the inherited property, the notary established that ½ of all inherited values ​​belongs to the spouse. The second part was equally divided by the lawyer between the wife and child. Thus, the wife received a part of the property equal to 2/3 shares, and the son – 1/3 share.

Children

The daughter and son of a deceased parent can claim property benefits regardless of age and financial independence. Also, inheritance can be equally carried out by the following children:

• living together with a parent and separately from him;
• biological (when recognizing paternity or entering information about the father into the child’s birth certificate) and adopted (which must be confirmed by a court decision);
• born at the time of death or who were born within 300 days from the date of death of the testator (in this case, you will have to file a lawsuit to restore the missed deadlines for entering into inheritance rights).

Even if the parent was deprived of parental rights, the children will claim his inheritance.

Parents

Both parents are on the list of first priority applicants. This means that inheritance will be received according to the following principles:

• biological parents and adoptive parents can equally register ownership rights to a child’s property;
• the distribution of values ​​occurs in equal shares, regardless of the fact that the mother and father live together and the registration of marital relations between them.

Attention! Mother and father who have lost parental rights are not included in the list of applicants for inherited benefits.

Other heirs of the first stage. Right of representation

In addition, Article 1142 of Chapter 63 of the Civil Code of the Russian Federation provides for the possibility of inheritance by right of representation.

This means that if one of the potential applicants for material wealth died and cannot receive property, then instead of him, his descendants will inherit a share of the values.

For example, citizen Zh. died and left behind an apartment. In order of first priority, the following are applying for a share of the apartment:

• his wife is citizen S. (half of the real estate does not belong to the woman, since it was in the possession of the deceased citizen before the wedding),
• K.'s minor son,
• O.'s adult son (by drawing up a will, the testator deprives his adult son of rights to property, guided by his riotous lifestyle);
• the daughter of the deceased person died before the death of her father, after which she was left with a minor child.

During the division of property, the notary divided the property rights in equal parts between his wife, his minor son, and the child of his deceased daughter. Thus, each of the applicants received 1/3 share of the apartment.

Dependents

Another condition for how the inheritance is distributed between applicants without a will is related to the presence of dependents, that is, persons who are financially supported by the deceased citizen. Citizens may be recognized as dependents in the following cases:

• complete loss of ability to work;
• the person’s only financial income is the assistance of a deceased citizen;
• the minimum period of cohabitation with the support of the testator must be 12 months.

This group of applicants for material benefits may include relatives of the testator or strangers who are not related by kinship.

According to the provisions of the Civil Code of the Russian Federation, the maximum share of property that owners can count on is 25% of the total volume of material goods. The exception is situations where voluntary agreements on the division of inherited property are drawn up (drawn up according to a universal model).

Distribution of inheritance among first-degree heirs. Shares

As noted above, the procedure for dividing property between potential heirs depends on several factors. These include:

• the presence of a will that excludes some applicants from among the heirs;
• entry into force of court documents declaring heirs void;
• presence of an official spouse;
• the emergence of grounds for representation.

According to the general rule, during the division of property between applicants, a notary performs actions in the following sequence:

• allocates the share of material goods belonging to the official spouse of the deceased citizen as personal property;
• allocation of common property, half of which belongs to the living spouse and cannot be inherited by other claimants;
• division of the remaining inheritance in equal parts between all representatives of the first priority;
• if there are heirs, they acquire their share of material wealth.

The legislator also allows you to formalize an agreement between heirs on the division of inherited property. Such a document is drawn up according to a universal template and contains a voluntary division of shares between all first-priority applicants. Signing an agreement between part of the heirs is not allowed. Participation of all candidates in the procedure is mandatory.

Inheritance by will. Mandatory share

When acquiring inheritance rights by will, legal priority may also be taken into account. Thus, in a number of circumstances, representatives of the first level of heirs can count on dividing property as a compulsory share. This means that such candidates will definitely register a share of property, regardless of the last will of the deceased citizen.

Important! The obligatory share implies that the candidate will receive at least 50% of the amount of value that would be available if inherited by law.

Such applicants include:

• children under 18 years of age;
• an elderly mother and father who receive only a pension and are not officially working;
• official spouse who has lost his ability to work;
• children - disabled children.

If there is an agreement on the division of inherited property, then the volume of the obligatory share may be greater. But installing a smaller part of the funds is not allowed.

Inheritance terms for the first stage

The legislator has established that the maximum period for entering into inheritance rights is six months from the moment the grounds for inheritance arise. Such grounds include the receipt of a death certificate of the testator or the entry into legal force of a decision to recognize a citizen as missing or dead.

These deadlines may be changed in the following situations:

• one of the applicants for the valuables is a child who has not yet been born (entry into property rights will be formalized after the birth of the baby);
• deadlines were violated for objective reasons (for example, due to being abroad);
• after this period, first-level candidates have not entered into their inheritance rights (second-level participants are involved in inheritance, for which another six months are allotted).

Dividing the property between claimants based on legal priority ensures that each close relative receives their share of the property. Whereas, in the presence of a will, the order of distribution of values ​​is fixed by the testator himself, distributing them among relatives or strangers.

How to divide inherited property according to the law: possible options for dividing the inheritance

Almost every person faces the need to register property after the death of close relatives and divide the inheritance between heirs at least once in their life. Without knowing the law and all the specifics, applicants for inheritance do not contact a notary or apply too late.

As a result, they have to prove the fact of accepting the inheritance in court. Conflicts also arise among heirs who did not contact the notary’s office on time and learned there that they did not receive the property.

The courts are considering many such claims. Disagreements also arise during the legal division of inheritance. Let's consider the main subtleties concerning the inheritance of real estate.

How property is divided during inheritance: main points

The heirs are the living relatives of the testator and those conceived during his lifetime. They may also be other persons in respect of whom a will has been drawn up.

As a general rule, inheritance is opened at the last known place of residence of a person on the day of his death.

You can inherit - Art. 1111 Civil Code of the Russian Federation:

• things;
• money;
• securities;
• duties and rights of the deceased.

Unworthy heirs (Article 1117 of the Civil Code of the Russian Federation) who are deprived of parental rights in relation to their deceased child are deprived of the opportunity to receive anything.

There are two types of inheritance and some nuances.

Legally

According to the law, the relatives of the deceased inherit, taking into account the order of priority (Article 1141 of the Civil Code of the Russian Federation). There are 8 lines of inheritance, depending on the closeness of the relationship.

Heirs of 2-8 lines appear only when there are no relatives of the previous lines, or they do not accept the property or refuse it.

To enter into an inheritance, you must submit an application to the notary’s office no later than six months after the death of a relative and attach a copy of your passport. Next, the notary will explain what additional documents need to be provided.

Then, with the issued certificate of the right to inheritance and an application for registration of the right, they turn to Rosreestr.

You can also:

1. Contact the MFC in person.
2. Send documents to Rosreestr by mail with a list of attachments and notification of delivery.
3. Submit an application and documents through the official website of Rosreestr.

The period for registering the right will be 3 working days from the date of receipt of documents by Rosreestr, and when applying electronically - 1 working day. When applying through the MFC, the registration period will be 5 days.

State registration of the right is confirmed by an extract from the Unified State Register, which is valid for 30 days from the date of receipt.

If there is a written will of the testator

A will reflects the persons and the property that a person wishes to leave behind. Relatives are not always recorded on this paper.

It is also possible to indicate sub-designates if the heir:

• will not have time to enter into inheritance;
• will not want to take it;
• will lose such right;
• will be found unworthy.

Those whose name is not in the will do not receive the inheritance, except for those entitled to a compulsory share. The scheme of actions in the presence of a will is similar to legal inheritance.

Who has the right of compulsory share

Not always everything bequeathed goes to the person the deceased wanted, even when he, while alive, formalized his wish in writing.

A group of people defined by law is protected from situations where they may be left without an inheritance. This is due to the degree of their relationship, age and physical capabilities.

The right to a compulsory share (Article 1149 of the Civil Code of the Russian Federation) is secured:

• for children under 18 years of age or older, but due to their health condition are unable to work;
• unable to work as husband, wife, father, mother;
• dependents unable to work.

These individuals will receive at least 50% of what they would have received if there had been no will. This 50% is provided from property that is not specified in the will, and if it is not enough, from the will. The procedure for contacting a notary is similar.

Through the court, you can achieve a reduction in the size of the mandatory share and even deprivation. This will happen if the heir under the will lives in the house or apartment that is bequeathed to him.

However, due to the obligatory share of the above persons, he cannot register them as property, or the property through which he receives his only profit is also subject to division with these relatives.

The procedure for dividing inherited housing

When there is real estate, and there is more than one heir, disputes arise about the procedure for its use and disposal.

The division of real estate is carried out according to a will, or according to the general rule. Legal heirs are in an equal position.

But sometimes some have certain advantages.

Right of priority to residential premises

When a residential premises is inherited, people who lived in it before the death of the owner, in the absence of other housing, have an advantage in receiving it (Part 3 of Article 1168 of the Civil Code of the Russian Federation).

This right can only be exercised if the deceased was the sole owner. In this case, you need to pay financial compensation to the others, or transfer them other property from the inheritance.

The validity period of this opportunity is no more than 3 years. It is formalized by drawing up a written contract with other heirs or an agreement indicating the amount of compensation and the payment period.

If the heirs do not have a preemptive right

When no one has an advantage, shares in the property are distributed in turn. The living space is divided between the primary heirs, that is, children, father, mother, spouse.

If there are none, it is divided among the next line of people, and so on. You can express your disagreement in a claim.

Example of division of real estate between heirs

The heirs of the deceased Belov A.I. are his daughters Belova A.A. and Zelenova E.A.

Belova A.A. wants to take advantage of the preemptive right, since she lived with her father in an inherited apartment. He has no other housing. To do this, she filed a lawsuit against E.A. Zelenova. and Rosreestr.

Due to the fact that Belova A.A. may pay compensation to Zelenova E.A. only for 4 years and in an amount less than the share of Zelenova E.A., the court in the claim of Belova A.A. refused. The division of the apartment between the sisters will be carried out in the general manner, with ½ share each.

The meaning and role of a notary

• A notary has the most important function when conducting an inheritance case, since it is he who, after collecting and checking the papers, issues a certificate of the right to inheritance.
• Within half a year after the death of the testator, an application for the issuance of this certificate is submitted to him, and if the deadline is missed, an application for acceptance of the inheritance.
• At the end of 6 months, the notary issues a certificate if during this period he does not identify grounds for refusal to issue.

After completing all the notary’s actions, you can enter into an agreement on the division of inherited property between the identified heirs and define your own conditions in it, taking into account personal interests. The rights of the heirs will be registered by Rosreestr on the basis of an agreement on the division of inherited property and a certificate.

Until all certificates are issued, the notary can protect and manage the inheritance, but not longer than 6 months. When the notary is far from the property, he sends the order to another notary.

An inventory is made, cash is deposited with the notary, currency, securities, and jewelry are sent to the bank for storage. It is possible to draw up a trust management agreement.

How to fairly divide an inheritance: shares of heirs of the same order

One of the main principles of civil law is the principle of justice. A fair division of property is between one line of close relatives, persons who lived together and cared for the deceased.

In the same amount, the inheritance is divided between persons of the same priority. To avoid quarrels and misunderstandings, you should analyze possible situations.

After the death of parents between children

Children are considered the closest relatives of their parents, so they are the first priority heirs. But good relations do not always develop between them.

Therefore, you need to know the rules that determine the order of division of the hereditary mass between brothers and sisters.

Children inherit:

• relatives, from all marriages;
• adopted;
• born out of wedlock, when paternity is established.

If by a court decision the deceased was deprived of parental rights in relation to one or more children during his lifetime, they will still be the first heirs.

Children will divide everything received from their parents equally if their grandparents are not alive. The exception is if one of the children has an advantage, which was mentioned earlier.

Otherwise, you can only disinherit your children by bequeathing your property to someone else. Children are then disinherited if they do not have a compulsory share.

Between spouse and children from first marriage

The share of his official spouse is deducted from the property of a deceased man. We are talking about property acquired by a husband and wife.

The notary allocates half to the wife, and the remaining half is divided among other heirs, including the widow.

Sons and daughters from a first marriage have equal rights as primary successors, as does the wife of the deceased. They and their parents will share the remaining half of the inheritance in equal shares.

Between heirs of the first and second order

When there are heirs of the first two orders, priority rights are given to the closest relatives - father, mother, children, spouse. Everything acquired by the deceased will be distributed among them.

Those second in line to receive the inheritance if:

• there are no priority successors;
• they refused to accept the property;
• they were found unworthy;
• they are deprived of parental rights.

Under these circumstances, they can write a notarized statement. The same procedure will apply to them. The recognition of an applicant for inheritance as unworthy is proven during a judicial hearing of a claim from an interested person.

After the death of a wife between husband and child

After the death of a woman, her husband and child become the first in line heirs. The man gets half of the joint property (Article 1150 of the Civil Code of the Russian Federation), and it does not matter whether other names are named in the will.

If a woman wrote a will exclusively for her husband, only minors or disabled children will have a mandatory share, otherwise they will not receive anything after their mother.

In case of legal inheritance, the spouse and child become the primary heirs with the same rights and amount of property, of which half of the jointly acquired property has already been allocated.

Features when dividing inherited property

Without knowing the law, you may encounter certain difficulties and subtleties.

Often, heirs refuse the inheritance completely, partially, or die before the testator. Division is difficult when inheriting indivisible things, which, as a rule, concerns real estate.

In these situations, the Civil Code of the Russian Federation clearly prescribes a course of action. The law protects the interests of spouses, minor children, parents who are unable to work and dependents.

If they disagree with the division of property drawn up by the will, the parties are forced to go to court.

Joint property of spouses

The Civil Code and the RF IC contain the basic rule that the joint property of spouses is divided in half both during a divorce and after the death of one of them, even if a will was written in favor of other persons.

The notary allocates the spousal share in the inheritance , which is half and goes to the surviving spouse. The rest is divided according to general rules.

It doesn’t matter who the owner is, who purchased or paid for the item, or whether the second spouse had his own income. The only thing that matters is the fact that this property was acquired during an officially registered married life.

Jointly acquired property includes (Article 34 of the RF IC):

• salary;
• pensions, benefits, mat. assistance, damage due to loss of ability to work;
• movable and real estate;
• shares, bonds, bills, certificates;
• investments, investments, shares in authorized capital.

Personal belongings of the deceased, purchased before marriage, received as a gift or inherited, items for personal use, are divided on a general basis.

Indivisible things

An indivisible thing is the division of which will lead to destruction, damage, or change in its purpose.

These are:

• apartment;
• automobile;
• Appliances;
• collections of paintings, stamps;
• paired things.

The heir has the advantage of receiving this thing if he owned it together with the deceased. And this does not depend on the fact that other heirs also used it earlier.

For example, a car was registered as the property of a father and son, then the latter has a preemptive right to receive the father’s share of the car, even if the mother and sister used it earlier.

If the ownership of the car was registered only in the name of the father, but the son used it, then he will have an advantage over it during division, if the mother and sister did not use it previously.

If the receiver refuses the inheritance

Refusal of inheritance is formalized in writing and certified by a notary. After this, the order of inheritance changes. You can simply refuse, or you can do it in favor of the mother, son, and other heirs.

The testator may indicate another person in his written will if the heir renounces his right to inheritance. Then everything bequeathed will pass to the designated person.

When it is not specified, the part of the property that was renounced will pass to the other heirs of the testator in proportion to their shares. The same scheme applies to legal heirs.

By right of representation

If the death of an heir in one of the queues occurs faster than the death of the testator or at the same time, his part will pass to the heirs by right of representation (Article 1146 of the Civil Code of the Russian Federation).

This applies to the testator's grandchildren, cousins, and nephews. Does not apply to those deprived of inheritance who are found unworthy.

These relatives must also contact a notary no later than six months.

When is a trial needed?

1. Filing a claim in court to divide inherited property or challenge the will of the testator is not uncommon.
2. Division of inheritance in court – a complex, rather lengthy process that arises in the absence of a voluntary agreement between the successors of the deceased.

3. There is no other way but legal proceedings when:

1. Several people inherit an immovable property. Then it becomes their common property and a court decision is necessary to allocate each person’s share.
2. The will of the testator is disputed.

3. The marital share and the right to an obligatory share are disputed.
4. The heir is considered unworthy.
5. The six-month deadline for submitting an application to the office has been missed.

When going to court, a statement of claim is written according to the form, the whole situation is described, and one’s disagreement is stated, with references to the norms of the law. Supporting documents are attached to it.

All this is filed in court either at the location of the inheritance, if these are houses, apartments or other real estate, or at the place of residence of the defendant, if he needs to be declared unworthy, to challenge the will.

Recommendations for dividing inheritance that you cannot do without

Entering into an inheritance and accepting it does not always go without problems. This is a lengthy procedure that requires some strength and knowledge. In order for this process to go as quickly as possible and produce results, you should remember the basic rules.

5 useful recommendations for the heir:

1. To avoid litigation, you must contact a notary at the place of last residence of the deceased within six months from the date of death of the testator.
2. If you have good relations with other heirs, it is worth concluding an agreement with them on the division of property, at your own discretion with the greatest benefit and convenience for all heirs.
3. You should know the order of entry into an inheritance, the grounds for depriving an heir of an inheritance, and the procedure for dividing the share of an heir who has refused the inheritance.
4. The spouse needs to identify the jointly acquired property before the notary and provide documents on its acquisition.
5. In cases of disagreement with the division of property, failure to reach an agreement with other heirs, or missed the deadline for entering into inheritance, it is necessary to go to court.

By following the advice, it will be easier to formalize your rights to property. In addition, it will be possible to avoid conflicts and disputes between heirs. However, if you have questions, it is better to contact a lawyer.

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