Documents for opening an inheritance according to law and will

Home » Inheritance » Documents for opening an inheritance case with a notary for 2023

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Opening an inheritance case is an action of a notarial nature, which is the beginning of inheritance paperwork. This is an integral stage of acceptance of the inheritance by the successors by law and by will, and for its implementation, the heirs, as well as the notary, are required to take certain steps. One of them is the collection and submission of documents necessary to register the property of the deceased.

List of documents for opening an inheritance case

According to clause 117 of Order No. 78 of the Ministry of Justice of Russia, the basis for starting proceedings in an inheritance case may be the filing by an heir or other interested party of an application with one of the following requests (in some cases there may be several of them):

• acceptance of inheritance;
• issuance of a certificate of inheritance;
• refusal of inheritance;
• taking measures to protect the property of the deceased;
• establishment of trust management of inheritance;
• separation of the marital share from the inheritance;
• issuing funds for a decent funeral of the testator;
• agreement to serve as executor;
• issuance of a certificate of appointment as executor of a will.

Along with any of the above statements, in order to open a case, the applicant will need to provide a certain list of documents confirming the basis for the fulfillment of their requirements. When determining the positions of this list, you need to start from the status of the applicant:

1. The successor applies on the basis of a document providing him with the right of inheritance (will/certificate of kinship, marriage, adoption, dependency).
2. Legatee or executor - based solely on the will.
3. The spouse (if his rights to the property of the deceased are limited to half of the jointly acquired property) is required to present only a marriage certificate, regardless of whether inheritance occurs by law or by will.

Also of considerable importance is the level of authority of the person applying for the opening of an inheritance case. An applicant speaking on his own behalf only needs to present a passport or other proof of his identity. But the copyright holder does not always have the opportunity to appear before the notary in person. The reason for this may be:

• lack or limitation of legal capacity due to health reasons;
• minority;
• lack of physical opportunity to get to a notary at your place of residence (due to departure, heavy employment, etc.).

Official representatives have the right to help beneficiaries under these circumstances. They can write an application to open inheritance proceedings and carry out other necessary actions on behalf of their principal or ward. But for this they need documentary evidence of authority, and for each category of representatives they will be different:

1. Legal representative (parent of a minor) - passport and birth certificate of the inheritor/legate.
2. Legal representative determined by the state (guardian, trustee of a person incapacitated due to age or physical condition) - passport and decision of the guardianship and trusteeship authority.
3. Voluntary representative (of a fully capable citizen) - passport and notarized power of attorney.

Not all minors are deprived of the right to independent expression of will.

The right to apply for the opening of an inheritance without parents and guardians is available to emancipated teenagers aged 16–18 years (after presenting the appropriate resolution of the guardianship and trusteeship authority), as well as citizens 14–18 years old.

Only in the latter case, all actions of children within the framework of inheritance proceedings must be confirmed by legal representatives within a reasonable time.

By will

If the applicant supports the legality of his application with the posthumous orders of the deceased, he will need to provide the notary with the following papers:

1. Death certificate of the testator.
2. A will or document establishing the right of the applicant to claim a portion of the deceased's property on other grounds.
3. Certificate from the place of residence of the deceased.

Death certificate

This document is drawn up at the registry office and is issued exclusively to the relatives of the deceased. To obtain it, you must appear before the authorized body operating in the territory where the deceased lived, died, was discovered after death, or where a medical death certificate was issued.

The relative will need to present the following list of documents to the registry office specialist:

1. Own passport.
2. Passport of the deceased.
3. Medical death certificate (can be replaced by a court decision declaring the testator dead).
4. Official papers indicating the relationship of the applicant and the deceased (birth certificate, marriage certificate, adoption certificate, change of surname).

If the relatives of the deceased refuse to issue a death certificate to the heir under the will, he can obtain a duplicate from the registry office based on the act of expression of the will of the testator.

In the case where the testator is not a relative or family member of the testator and does not have a will in hand, he can obtain a duplicate through a request from a notary or through the court.

Confirmation of the basis of inheritance

If the testator has drawn up a will, then it will be the main document establishing the property rights and obligations of the persons specified in it.

The legal holders of the marital share will need to provide a marriage certificate and deeds of title to the jointly acquired property and, if available, an agreement on its division concluded with the deceased or heirs under the will.

Recipients of the obligatory share (disabled close relatives, spouse, dependents of the testator) present to the notary a document establishing the relationship with the deceased (birth or marriage certificate), and a medical report on the lack of ability to work or a court decision establishing the fact of dependency.

Certificate from the place of residence of the deceased

To obtain a certificate, you can contact the territorial administration or the “My Documents” public service center. To do this, you need to provide an application for the issuance of paper, the applicant’s passport and the death certificate of the testator (the last two documents are presented for viewing and making copies).

The authorized agency undertakes to register the application within 10 minutes and consider it within 1 working day. After which the applicant is issued the necessary certificate.

You can order the execution of a document and receive it either personally or through a representative, provided you have a notarized power of attorney. There are also options for sending an application by postal or email.

By law (without a will)

In the absence of a notarized will, the transfer of the property rights of the deceased is carried out in a legal manner, which provides for the calling of heirs from among his relatives.

After submitting the above application, they will need to provide the notary with confirmation of family ties with the deceased or certificates indicating the fact of the heir’s dependency - it all depends on the basis for inheritance.

When transferring property in the order of legal priority, documentary evidence of relationship or marriage with the deceased is important. In a situation where all relatives, up to the fifth generation, are absent, dependents become the legal holders of the property, who must also certify this fact with the help of relevant certificates and acts.

Acts confirming belonging to the current line of inheritance:

1. The testator's parents will need his birth certificate, the children will need theirs, and the spouse will need a marriage certificate.
2. Grandparents present a birth certificate for their child (parent of the grandchild) and the testator, brothers and sisters - an act establishing their birth and the birth of the deceased.
3. Aunts and uncles confirm inheritance rights with the help of a birth certificate for themselves, their nephew and his parent (their brother or sister).

The heirs of stages 4–6 will need to collect the most papers. They will have to establish contact with the entire chain of relatives connecting them to the testator.

Seventh-stage successors (stepmothers, stepfathers, stepsons and stepdaughters) will need two documents: a certificate of relationship/matrimony of the spouse/parent with the testator and a personal connection with this spouse/parent. For example, in order for a stepmother to receive an inheritance from her stepson, she must present a marriage certificate with her deceased spouse and the stepson’s birth certificate.

In addition to the acts of title, the heir will be required by law to have the same documents as in the case of a will.

List of documents required to open an inheritance case for certain types of property

In addition to the above, the heir, in the course of inheritance proceedings, must present to the notary the title documents and the assessment report of the property being drawn up.

The following documents are not required when opening an inheritance case. Their successor can apply a little later - in person, by mail or through an official representative.

Apartment

To accept an inherited apartment, the notary is provided with:

• purchase and sale agreement, privatization, gift, certificate of inheritance or other document establishing the property right of the testator;
• extract from the Unified State Register of Real Estate (issued at the Rosreestr office);
• technical passport of the premises.

Land plot

You can register a land plot using the deeds of title of the deceased, a boundary plan and an extract from Rosreestr.

Household, residential building

Acceptance of a residential building as an inheritance occurs on the basis of the same documents as when registering an apartment - an act indicating the transfer of the object into the ownership of the testator, a certificate from the Unified State Register of Real Estate and a technical passport of the living space. A boundary plan of the land plot surrounding the residential premises may also be required.

Transport

To register a vehicle with a notary, the heir presents the title document for it (donation agreement, purchase and sale agreement, etc.), state registration certificate and technical passport.

Garage, box, parking space

An underground parking space, a garage and a box are types of real estate, and therefore are subject to registration by the Federal Service for State Registration, Cadastre and Cartography.

It is the territorial office of this body that issues extracts confirming the emergence and transfer of rights to any object registered by the service.

In addition to such an extract, the successor to the “car space” will need a technical plan of the property and the agreement under which the testator received it as property.

Bank deposits

A bank deposit is included in the inheritance if the successors have an agreement on its opening. If it could not be found, but the heir knows in which branch the account was created, he can contact an employee of the financial institution for accurate information about the amount of the deposit, and also request official confirmation from a notary.

Stock

To register inherited securities, a citizen goes to a notary with a standard package of documents and asks him to submit a request to the registrar of the shares owned by the deceased. After an official response from the registrar, the shares are included in the inheritance estate.

Submitting documents to open an inheritance case

The package of necessary papers is submitted to the notary in several stages:

1. Application for opening a case.
2. Certificates on the basis of which inheritance proceedings are carried out and documents confirming the authority of the applicant.
3. Acts establishing the characteristics of objects of inheritance and the rights of the testator regarding them.
4. Receipt for payment of state duty.

If you have all the necessary papers, opening an inheritance case is quite easy:

1. The applicant finds a notary at the place where the inheritance was opened and submits an application to him to perform the necessary notarial action. He can present his request in advance or directly to the notary.
2. The interested party has the right to present the next group of documents later and, if necessary, in a different way. But it is recommended to do this without much delay, since the period for accepting an inheritance is limited to six months from the date of death of the testator.
3. The authorized person, after checking the previously submitted papers, establishes an exact list of additional acts, based on the type and characteristics of the inherited property.
4. The last document in the inheritance case is a receipt for payment of the state fee. It will be required from the heir if the request he made to the notary is for the issuance of a certificate of title. For its receipt, the successor will pay from 0.3 to 0.6% of the value of the object of inheritance (depending on the degree of relationship with the deceased)

Almost each of the above documents is an integral part of the process of opening and maintaining an inheritance case. Therefore, the absence of even one act may become grounds for refusal by a notary.

And there is not much time to search for or restore lost papers.

The situation is aggravated by the bureaucracy of some government agencies and the instability of the archives, and the heir, in a panic, misses all the deadlines, forgetting about such an effective tool as the help of a lawyer.

Contacting the specialists of the website ros-nasledstvo.ru will allow you to avoid many difficulties, starting from the stage of opening inheritance records and ending with obtaining a certificate of inheritance. The consultation received upon first contact is free.

FREE CONSULTATIONS are available for you! If you want to solve exactly your problem, then :

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Documents for opening an inheritance according to law and will

Home / Inheritance / Documents for opening an inheritance

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The opening of an inheritance case occurs upon the written application of the heir who has applied to the notary's office. You can read more about drawing up and submitting an application in the article “Application for inheritance.”

However, it is not the filing of the application that is key. To open and conduct an inheritance case, documentary evidence is required...

• Death of the testator – opening of inheritance is possible only after the death of the testator;
• Place of opening of the inheritance - the inheritance case is conducted not in any notary office in the country, but at the place of opening of the inheritance;
• Time of opening of the inheritance - inheritance is possible only in a certain time period, the countdown of which begins from the day of opening of the inheritance;
• Heirs – who will inherit and on what basis (will, law)?
• Inherited property - depending on the composition of the inheritance, the list of documents for conducting the inheritance matter depends.

Below we will look at what documents (certificates, certificates, extracts, reports) will need to be submitted to the notary. The list is quite large, but it is not necessary to go to a notary’s office with a complete set of documentation. After all, the process of preparing it can be significantly delayed. First, you can submit the main documents, then the rest.

Documents for opening an inheritance

This means that, along with the application for inheritance, the heir must submit the following documents:

Confirmation of the death of the testator

Death is confirmed by a death certificate issued by the civil registry office on the basis of a medical certificate or a court decision.

Confirmation of the place of opening of the inheritance

According to the law, the place of opening of the inheritance is the last permanent place of residence and registration , which can be confirmed by one of the following documents:

• An extract from the house register or a certificate issued by the housing maintenance office;
• An extract or certificate issued by the Department of Internal Affairs about the deregistration of the deceased at the place of last residence and registration.

If the last place of residence and registration is unknown to the heirs, the place of opening of the inheritance may be the location of the property that belonged to the deceased. A document that confirms the location of the property may be:

• Title or title document for inherited property (if its location is indicated there) - certificate of ownership, civil contract;
• An extract from the Unified State Register of Real Estate issued by the Rosreestr authorities on the registration of the deceased’s ownership of the inherited property (indicating its location).

If the property is located in different places, the opening of the inheritance occurs at the location of the most valuable property. This is confirmed by a market value assessment report or other documents containing an estimate of the value as of the date of death of the property owner.

If the heir or notary has difficulties determining the place of opening of the inheritance, he will have to go to court to do this. Read more in the article “Application for establishing the place of opening of inheritance.” The court decision, which will be made on the basis of such an appeal, is submitted to the notary as a document determining the place of opening of the inheritance.

Confirmation of the time of opening of the inheritance

The opening of the inheritance occurs on the day of death of the testator, which is confirmed...

• death certificate issued by the civil registry office on the basis of a medical (medical) certificate or a court decision, if the testator is declared dead by a court decision (in this case, the date of death is the expected date of death indicated in the court decision or the date the court decision enters into force).

From the day the inheritance is opened, the countdown of the 6-month period allotted by law for inheritance begins.

Heirs, basis for inheritance

...by will

If inheritance occurs by will, only the will . If it was certified by another notary or official, the will must bear a note indicating that it has not been changed or revoked.

…in law

If the testator did not leave a will, inheritance will occur according to the law - in order of priority. The heirs will be relatives. Therefore, they need to provide the notary with documents confirming the relationship between them and the testator .

It can be:

• Birth certificate (if the heirs are children, parents, brothers and sisters of the testator);
• Marriage certificate (if the heir is husband or wife);
• Death certificate (if inheritance occurs by right of representation);
• Certificate of change of last name, first name or patronymic.

The law provides for the right of inheritance for dependents. Dependents must provide the notary with documents confirming their dependence .

If we are talking about minors or those disabled by age (pensioners), a birth certificate or passport is sufficient.

If we are talking about disability due to health reasons, you need MSEC certificates or a pension certificate.

Inherited property. Documentation

Let's consider what documentation a notary will need in the process of conducting an inheritance case, depending on the inherited property.

... to inherit an apartment or a share of an apartment

1. Title document: certificate of state registration of ownership, certificate of ownership, issued in the name of the testator;
2. document of title: (sale and purchase agreement, exchange, certificate of inheritance, etc.);

Registration of inheritance under a will: sample application

Registration of inheritance by will

Step 1: searching for a will

The testator has two ways to inform all interested parties about his will:

1. Transferring the will into the hands of the heir himself. In this case, we are talking about the second copy, and the first is kept in the notary's office.
2. Informing about which notary office the document was executed in, where you can obtain a copy of the document with the consent of the testator.

However, the heirs may not be aware of the existence of a will ; therefore, in such cases, after receiving a death certificate, the heirs can present this document and a document confirming the fact of relationship to any notary office in order to initiate a search for the will in the notary database.

If a will was ever executed, it will be found, and the applicant will be given the address of the notary office where the will was executed. After this, the heirs should appear before the specified notary to receive a copy of the will. And even if the will was transferred by the testator to the heirs, you will still have to appear to mark its validity.

Step 2: opening of inheritance

To begin the procedure for entering into an inheritance, you will first have to open it. The notary, whom the heirs will contact, opens an inheritance case. This may be a notary office at the last place of residence of the deceased, or at the address of his property. You will need to present a whole package of documents:

1. A will with a note indicating its validity.
2. A copy of the testator's death certificate.
3. Documents confirming the location of the testator's property.

The date of opening of the inheritance will not be the date the heirs apply to the notary, but the date of death indicated in the certificate. If the testator is declared dead by a court decision, then the date of opening of the inheritance is considered to be the date the court decision enters into legal force.

Step 3: Submit your application

In order for a notary to be able to issue a certificate of inheritance to the heirs mentioned in the will, each of them must either submit on his own behalf an application to accept the inheritance or an application to renounce it.

The application is made in simple written form. Samples can be obtained from a notary office, or downloaded below. Each heir pays 300 rubles for filing an application. You can submit the application in person or entrust it to a trusted person using a notarized power of attorney.

If the heir is a person under 14 years of age, then a guardian or parent submits an application on his behalf (there is no need to obtain permission from the guardianship authorities). If the heir is over 14 but under 18 years old, then he writes the application himself, but the written consent of the parent or guardian is attached to it.

In the case when the heir lives in another city , a procedure is provided when the application is submitted to the notary's office at the place of residence of the heir, and then the notary himself sends it by mail to another city. A power of attorney addressed to a representative can also be sent by mail.

Download a sample application for acceptance of inheritance under a will

Step 4: Document Verification

This responsibility is assigned to the notary who accepted applications for inheritance under a will from the heirs. He will need to do the following:

1. Check the passport details of the applicants with those specified in the will.
2. Verify the authenticity and legality of the will.
3. If the will states that property is transferred to a blood relative, then you will need to obtain documents and check their authenticity that certify the fact of relationship.
4. Carry out a check to identify persons who are entitled to an obligatory share by law, and if their names are not in the will, distribute the inheritance in accordance with the law.
5. Perform the remaining notarial actions.

If the heirs mentioned in the will oppose the allocation of the obligatory share to persons not mentioned in the will, then the notary will explain to the parties their right to resolve the dispute in court.

Step 5: accepting the inheritance

You can receive a certificate of inheritance from a notary only 6 months after the date of death of the testator . The period may be reduced or increased.

The reason for reducing the period may be the urgent need of the heir to take ownership rights when there are no other claimants to the inheritance, the will has been drawn up as required, and the composition of the estate has been determined.

The basis for increasing the period may be the refusal of the heir specified in the will and the search for other heirs.

For issuing a certificate of inheritance you will have to pay a state fee in the amount of:

• 0.3% of the value of the inheritance (but not more than 100 thousand rubles), if we are talking about heirs of the first stage;
• 0.6% of the value of the inheritance (but not more than 1 million rubles), for all others.

After paying the fee, the heirs each receive a certificate of inheritance in their name, indicating the value and composition of the inherited property.

If we are talking about real estate, vehicles and other property that requires state registration of property rights, then the date of emergence of such rights is considered to be the date of death of the testator, regardless of how long the procedure for entering into an inheritance and re-registration of property rights takes.

In special cases, the heir will not be able to receive the bequeathed property, then he has the right to receive its cash equivalent . A typical example is the bequest of a share in the authorized capital of a joint-stock company. The founders of the general meeting may decide to refuse to transfer the bequeathed share to the heir, but to issue in return a sum of money commensurate with the share.

Step 6: Executing the Will

The simplest case is the transfer of ownership of property under a will. But often this transition is preceded by certain actions:

1. Property protection.
2. Search and seizure of property.
3. Fulfillment of a debt obligation.
4. Transfer of property to the heir with registration.

Often, when a will specifies minors or citizens with limited legal capacity, a third party may be named as the executor of the will under the will, who will be entrusted with the obligation to execute the will.

This person, in the interests of the heirs, carries out all the necessary activities: submits documents to the notary’s office after the death of the testator, registers the transfer of ownership of the property and other actions.

Is it possible to refuse an inheritance?

Valuable property transferred by will to heirs may carry encumbrances. These could be:

1. Real estate pledged to the bank or with persons registered in it who have the right of lifelong residence.
2. Debentures.

It is impossible to accept an inheritance and refuse debts. The heirs have the right either to completely agree with the will of the testator and accept the inheritance as it is, or to refuse it.

The refusal is issued in the same notary office where the inheritance case was opened.

You can refuse completely, without specifying the reasons and those to whom the rights to the inheritance will be transferred, or you can draw up a refusal in favor of any person specified in the will or not specified.

What to do if the deadlines for entering into an inheritance are missed?

The statutory period of 6 months for entering into an inheritance from the moment it is opened by the heirs may be missed due to various circumstances. In such cases, are there two ways to proceed?

1. Extrajudicial (conciliation) restoration of the missed deadline. It is carried out at the request of the remaining heirs, who agree to include another person in the inheritance case. In this case, all previously issued certificates of inheritance rights are canceled and new ones are issued in accordance with the agreement on the redistribution of shares.
2. Judicial restoration. It will not be difficult to obtain a court decision if the reason for absence was truly valid, and more than six months have passed from the moment the obstacle to filing an application was removed until the filing of the statement of claim.

On September 1, 2018, changes to the inheritance law come into force in Russia. Read more >>

Documents for opening an inheritance case with a notary

The basis for initiating the process of transferring the right of ownership of property designated as an inheritance is a separate application prepared by the successor of the deceased or another person, which displays a request to accept a separate part of the property mass. Where can this be done?

Everything will directly depend on how the testator decided to dispose of his own values ​​acquired during his life. Considering this point, the package of documentation required to register an inheritance with a notary may vary. Therefore, they must be transmitted to different places.

To be able to open an inheritance case, you need to submit the following documentation to the notary:

• Original certificate confirming the fact of death;
• If an inheritance is accepted by law, a document is required to confirm the family connection with the deceased (this can be evidence confirming various facts: birth, marriage, name change, divorce, adoption, etc.) in the original;
• When accepting an inheritance under a will, you must provide such a will with a notarial mark (affixed by the notary who certifies the will, or by the notary who keeps the documentation archive) to confirm that there have been no changes to the will or its cancellation (in the original);
• A certificate issued by housing authorities (housing society, REU, HOA, DEZ, EIRTS and others) to confirm the last permanent address of residence of the testator (registration) at the time of death (in the original);
• An extract prepared using the information contained in the house register from the last permanent address of residence of the deceased, with a note indicating the deregistration of the testator (in the original);
• A copy of the financial and personal account (owner’s registration card) or the Unified Housing Document from the place of permanent residence of the testator (in the original);
• It is necessary that the heir arrives with a valid identification document (there should be no expired passport, changes must be made to the document when turning 20 and 45 years old).

• An inheritance case cannot be opened if the documents mentioned in positions: 1-4.7 are not presented.
• List of documentation required to ensure the possibility of inheriting certain types of inherited property
• Apartment:

• Documentation of title nature for the property (we are talking about contracts of rent, exchange, purchase and sale, certificates of ownership, the right of inheritance of housing, state registration of rights, etc.), in originals;
• The assessment of the object on the day of death of the person. It can be cadastral, inventory (taking into account the date of death). Or you need to submit a certificate of the actual market price of housing on the day of the citizen’s death, with a copy of the relevant license giving the organization the right to evaluate real estate (in the original);
• Cadastral passport for the premises (in original);
• Extract from the Unified State Register of registered rights to an apartment from Rosreestr (in the original);
• Certificate of existing registered housing rights from the DHI (including if registration of housing rights took place before the end of January 1998) in the original;
• A certificate stating that there are no debts for tax payments on the property (if the property was transferred to the testator by inheritance or was donated before the beginning of January 2006), issued by the tax office (in the original).

By land plot:

• Documentation confirming the rights to a specific land plot (this list contains: contracts of exchange, purchase and sale, rent, as well as various certificates: on the right to inheritance, on state registration of rights, on the right of ownership of the object, Resolutions issued by the Head of Administration, etc. . p.) in the original;
• The plan and cadastral price of the land plot, valid at the time of the death of the testator (they are issued by a branch of the Land Cadastral Chamber, a department of Rosreestr in the territory where the land is located) or a certificate (conclusion) on the market price of the plot on the day of death of the testator with a copy of the license of the organization engaged in valuation activities specified objects (must be certified);
• An extract made from the Unified State Register of Rights for registered land rights from Rosreestr (in the original);
• A certificate regarding the absence of debts on tax payments accrued on the property (if the property was passed to the testator by inheritance, or was donated before the beginning of January 2006), prepared by the tax office (in the original).

By homeownership:

• Title documentation for home ownership (this can be all kinds of agreements: rent, purchase/sale, exchange, as well as certificates confirming ownership/inheritance/state registration of rights, etc.) in the original and a copy certified by a notary from each of these documents;
• An assessment of the home ownership is carried out by the day of the death of the testator (can be cadastral or inventory, taking into account the date of death) or a separate conclusion is presented on the market price of real estate on the day of death of the testator, with the presence of a certified copy made with a license from an organization engaged in activities in the field of assessment real estate objects;
• Original cadastral passport for a specific premises;
• An extract made from the Unified State Register of Rights for registered rights to a certain home ownership (in the original);
• A certificate (in the original) regarding the absence of debts for mandatory payments in relation to property (for property that was inherited by the testator or was donated before the beginning of January 2006), issued by the tax office.

By transport:

• Passport issued for a technical device or registration certificate for a car (original);
• Certificate confirming the registration of the car (its original);
• A certificate-conclusion regarding the price of transport established on the day of the testator’s death, with a certified copy of the organization’s license to perform valuation activities on motor transport;
• An extract prepared using the register of notifications on pledges of property classified as movable (from a notary), in the original.

For garages, boxes, parking spaces:

• Documentation establishing the right to the specified objects (this can be the following agreements: barter, purchase/sale, rent, certificates confirming ownership of the object, the right to inheritance, state registration of the right, as well as a certificate confirming the full payment of the share, etc.) n.) in the original;
• A completed assessment of the listed objects on the date of death of the testator (can be inventory or cadastral), as well as a certificate-conclusion on the price of the object on the market established on the date of death of the testator with the presence of a certified photocopy of the license confirming the right of the organization to carry out valuation activities (in the original);
• Extract of data from the Unified State Register of Rights on documented rights to a specific box, parking space or garage construction (in the original);
• A certificate confirming the repayment or absence of debts on mandatory tax payments (in relation to property that was transferred to the testator by inheritance or gift before the beginning of January 2006). The original document is issued by the tax office.

For financial deposits:

• Documentation confirming ownership of financial deposits (agreement on cash deposit, savings book, etc.);
• To confirm the amount of your pension you have not received, you must submit a certificate from RUSZN;
• If available, a testamentary disposition for the deposit is passed on.

By promotions:

• You need to obtain an extract/certificate as of the day of death of the person, prepared from the register of shareholders of a certain company (such documents are issued by the joint-stock company or the registrar) in the original;
• A certificate-conclusion based on the results of their assessment on the day of the testator’s death, plus a certified copy of the license of the organization that has the authority to carry out the assessment of shares (in the original).

Submitting documents to open an inheritance from a notary

In total, there are three methods provided by law for transferring documentation to a notary for the purpose of accepting an inheritance.

The first method involves delivering it in person. It is one of the most optimal because, using it, a person declares his own rights correctly and, most importantly, in a timely manner.

But, still, not each of the heirs has a real opportunity to arrive at the testator’s funeral and personally complete the proper documentation.

For this purpose, the latter must have an appropriate form of power of attorney to confirm duties and rights. The procedure followed in the process of drawing up such a document is established at the legislative level.

1. Any of the applicants for material assets subject to inheritance has the opportunity to formalize their rights to them using the remote method.
2. It provides for sending the entire package of documentation, to the extent necessary for the notary to formalize the inheritance, through the postal service, using a valuable letter.
3. Of course, all documentation must first be notarized at the applicant’s place of residence.

Opening an inheritance

Opening of inheritance is one of the most important legal components of inheritance that occurs with the death of the citizen-testator.

On the day of its opening, the volume of the inheritance mass, the grounds for inheritance, the subject composition of persons called for inheritance, the moment of acquisition of the inheritance, its estimated value, etc. are determined.

In addition, the time of opening of the inheritance is of great importance when calculating the time limits for protecting and entering into the inheritance, issuing a certificate of right to it, etc.

Provisions of Art. 1114 of the Civil Code defines three cases of determining the time of opening of an inheritance - in general cases, this is the day of the citizen’s death; in the case of declaring a citizen dead - the day the corresponding court decision comes into force; and the day of the citizen’s expected death, if established by such a decision.

It should be noted that the determination of the fact of death of a citizen-testator by a court decision does not exclude the obligation to obtain a death certificate - it indicates the final date of death, based on a medical certificate, a court decision or the data specified in it.

This component has other features, in particular:

• If the time of opening of an inheritance is determined by the date of expected death established by a court decision, then the rights of the heirs in this case are ensured by a special rule for calculating the time limits for entering into an inheritance. So, according to paragraph 1 of Art. 1154 of the Civil Code, the six-month period is counted not from the date of opening of the inheritance, but from the entry into force of the court decision .
• When determining the time of opening of an inheritance, only the date of death matters - a more precise time of death does not matter. That is why, according to paragraph 2 of Art. 1114 of the Civil Code, the death of several citizens on the same day is considered to have occurred simultaneously. Within the framework of hereditary succession, they cannot inherit from each other and the remaining successors are called to inherit.
• At the same time, the provisions of paragraph 2 of Art. 1114 of the Civil Code does not take into account the presence of multiple time zones in the Russian Federation and the associated time difference in different parts of the country, which, under a combination of circumstances, creates problems in determining the day of opening of the inheritance of the testator and heir. The resolution of this issue rests with the courts, which must proceed from the specific features of the case.
• The moment of opening of the inheritance must be documented. The only document confirming this can only be a citizen’s death certificate issued by the registry office. If it is impossible to provide them to the notary, he has the right to request a copy of the act record recording the death of the testator.

Place of opening of inheritance

No less significant a fact of inheritance than time is the place of opening of the inheritance .

Its determination is necessary when resolving a host of issues - when submitting an application for acceptance and refusal of an inheritance, obtaining a certificate of inheritance, when taking measures to protect the inheritance, increasing inheritance shares, filing claims by creditors, etc. It is determined according to the rules of Art. 1115 of the Civil Code, according to which it is considered the last place of residence of the citizen-testator.

Based on Art. 20 of the Civil Code, the last place of residence of the testator should be considered the address at which he permanently or primarily resided at the time of his death or when he was declared dead.

Regarding minor citizens and citizens under guardianship, this place is recognized as the place of residence of their legal representatives.

Thus, the place of opening of inheritance cannot be recognized as a place of temporary residence or stay - places of military deployment, places of detention, student dormitories, etc. In order to determine the place of opening of the inheritance, their permanent place of residence prior to military service, arrest and study, respectively, is recognized.

In addition, potential heirs need to remember that:

• According to clause 30 of the Methodological Recommendations for performing certain types of notarial actions, approved by Order of the Ministry of Justice of the Russian Federation No. 91 of March 15, 2000, the place of opening of the inheritance must be confirmed by a certificate issued by the housing maintenance enterprise or internal affairs bodies. Such a certificate is issued at the place of permanent registration of the citizen.
• If such place of residence is unknown or is located outside of Russia, in accordance with clause 2 of Art. 1115 of the Civil Code, the place of opening of inheritance should be considered the location of the inherited property . Such a location must also be documented - an extract from the Unified State Register, a title document for the property, etc.
• In cases where the property included in the inheritance mass is located in different places, the inheritance is opened at the location of the real estate included in its composition or its most valuable part. And in the absence of real estate, the place of discovery is considered to be the location of the movable property or its most valuable part. The value of a part of the property can only be determined by conducting an expert assessment and determining its objective market value.
• If there are no documents confirming the location of the inherited property, the inheritance can be opened on the basis of a court decision establishing the place of opening of the inheritance, as a fact of great legal significance (clause 9, paragraph 2, article 264 of the Code of Civil Procedure).

The procedure for opening an inheritance with a notary

The opening of an inheritance should be considered a special legal state, the occurrence of which “triggers” the procedure for registering inheritance rights. Without opening an inheritance, none of the heirs can receive the property rights due to them . Based on the provisions of Art. 1153 of the Civil Code, the opening of an inheritance involves a visit by the heir to a notary and going through a step-by-step procedure.

According to Art. 1153 of the Civil Code, only the notary whose office is located at the place where the inheritance was opened can open an inheritance, i.e. in the county of the testator's last place of residence.

The inheritance case in relation to one testator can be conducted exclusively by one notary, which should be taken into account if there are several heirs.

Thus, all heirs must contact one notary at the place where the inheritance was opened .

In this case, they will need to go through a step-by-step procedure, each stage of which should be considered separately.

Application for opening of inheritance

The procedure for opening an inheritance begins with the potential heir filing an application for opening (acceptance) of an inheritance.

The specified application is submitted to any of the notaries operating at the place of opening of the inheritance. According to Art.

62 Fundamentals of legislation on notaries, it must be submitted in writing . Such a statement must contain the following information:

1. an indication of the private/public notary or official to whom the application is being submitted;
2. full passport details of the heir and testator;
3. grounds for accepting an inheritance - by will or by law;
4. the last place of residence and date of death of the citizen, an indication of documents confirming this;
5. an indication of the will of the heir to accept the inheritance;
6. information about other known heirs of the same line or other obligatory heirs - if there is a will;
7. information about the composition of the inheritance and documents confirming its composition, as well as its location;
8. date of compilation, signature of the heir.

Opening an inheritance case

After receiving the application and the necessary documents, the notary checks them, after which, in order to record the information necessary for the transfer of property rights to the heir, he starts and opens an inheritance case . The basis for opening a case is the receipt by a notary of the first document indicating the opening of an inheritance (for example, a death certificate).

one inheritance case can be opened for one inheritance . When establishing the fact of opening several cases, cases opened in violation of the principle of priority (Art.

1115 of the Civil Code) are transferred to a notary whose competence includes conducting a specific inheritance case.

Opening and conducting a business by a notary requires him to perform a number of actions aimed at formalizing inheritance rights, among which are:

• accounting of documents, applications, refusals, consents received from heirs related to the procedure for opening an inheritance;
• notification of all interested parties about the fact of opening of inheritance;
• requesting documents necessary for registration of inheritance rights;
• promoting proper protection and management of inherited property;
• issuance of a certificate of inheritance;
• issuing decisions to cancel certificates issued by a notary and refuse to issue them.

Only original documents are placed in the inheritance file, with the exception of those that cannot be withdrawn - they are placed in the form of copies . In addition to the documents presented by the heirs and other persons, the decisions made by the notary are also included in the file.

All documents of the inheritance case are placed in a cover on which, when opening the case, a number of procedural details are indicated - data of the notary and testator, case number and index, etc.

Documents for opening an inheritance

The process of opening an inheritance is always accompanied by the collection of necessary documentation. All documents presented to the notary within the framework of the inheritance case must comply with Art.

45 Fundamentals of legislation on notaries - do not contain errors, erasures, additions, crossed out words, corrections and damage, etc.

The list of documents for opening an inheritance includes:

1. application for acceptance of inheritance/issuance of a certificate of right to inheritance;
2. original and copy of the death certificate issued by the civil registry office;
3. documentary evidence of the relationship between the heir and the testator - birth certificate, marriage certificate, divorce certificate, adoption certificate, etc.
4. documentary evidence of the last place of residence - a certificate of registration, an extract from the house register, etc.,
5. original and copy of the potential heir’s passport;
6. the original and a copy of the will, with a note from the notary who certified it that it was not canceled or changed;
7. documents confirming the location of the testator's property;
8. title documents for property included in the inheritance mass, etc.

Cost of opening an inheritance

The very fact of opening an inheritance, as such, does not involve any costs, since, based on Art.

1113 of the Civil Code, it occurs automatically with the death of the testator, declaring him dead or determining the date of his expected death.

However, the heir will incur certain expenses when accepting the inheritance , which is an integral result of the inheritance procedure. So, the cost of this procedure will include several factors:

• The cost of the state fee for issuing a certificate of inheritance . According to paragraph 22 of Art. 333.24 Tax Code, its size depends on the presence of family ties. So, if the heirs are close relatives (Article 14 of the Family Code) of the testator, then the amount of the state duty will be 0.3% of the market value of the inherited property (but not more than 100,000 rubles). For all other heirs, the size of half the share will be equal to 0.6% of the value of the property (but not more than 1 million rubles).
• Please note that the provisions of Art. 333.38 of the Tax Code, the legislator has established a number of benefits for certain categories of heirs when paying the specified state duty.
• Cost of legal and technical notary services . In addition to the state fee, the notary charges a fee for other operations performed by him - drawing up an application for acceptance of an inheritance, copying documents, issuing duplicates, opening a case, etc. The cost of these services is regulated by each notary separately.
• The cost of assessing inherited property . The assessment of the market value of property is carried out for the purpose of collecting a state fee for issuing a certificate of inheritance and, as a rule, is a mandatory requirement of notaries. It is carried out by private appraisers, and therefore the cost of the appraisal is set individually by each of them. Please note that when assessing real estate, the legislator allows the use of not only market, but also cadastral and inventory values.

The meaning of opening an inheritance

Provisions of Art. 1113 of the Civil Code establishes that the death of a citizen and the recognition of him as deceased by the court, which is close to it in consequences, are the only exclusive basis for inheritance . Thus, the fact of the death of a citizen and the subsequent opening of an inheritance determines the emergence of a special legal property state.

The peculiarity of the fact of opening an inheritance is that upon its occurrence, all property rights and obligations belonging to the testator before death are now recognized as an inheritance mass, subject to acquisition by the legal successors of the deceased.

An opened inheritance, in turn, is a collection of property that has lost its legal owner and acquires a new owner as a result of an act of inheritance. The consequence of opening an inheritance is the transfer of the property of the deceased testator to other persons. Based on this, we can highlight some features of this process:

• The opening of inheritance should be considered the legal state of property, which is one of the properties of inheritance and is caused by the death of the testator. In the process of opening an inheritance, the set of rights and obligations included in it acquires the properties of inherited property, which is intended to be acquired by new subjects of civil rights.
• Thus, the fact of opening an inheritance is of paramount importance for succession and is the only basis for changing the legal holder of property acquiring the status of an inheritance mass due to the death of its owner. What is noteworthy is that the opening of an inheritance is an irreversible fact, except in cases of the appearance of a citizen declared dead.
• The time and place of opening of the inheritance are no less important - they have a direct impact on the calculation of the deadlines for accepting and protecting inheritances, the basis and composition of the inheritance, the moment of its acquisition, the place of filing the application and issuing a certificate of inheritance, etc.