How to process the inheritance after the husband's death: place, documents, dates

There is no clear list of heirs, as opposed to the cases in which property was received by written will of the deceased.

The Civil Code of the Russian Federation: chapters 61-63 regulates the procedure, the characteristics of the procedure and the inheritance.

Consider ways to inherit, as well as how to inherit a spouse after her husband's death.

The priority of inheritance established by law

The latter option is a priority over inheritance under the law, except in cases where the inheritance is not always granted in the shares specified by the deceased.

The inheritance may begin within six months of the date of death of the heir.

In the case of an inheritance under the law, the heirs receive the property in order of priority.

The first ones in line are:

• spouse;
• Parents/adherents;
• Children;
• Grandkids by right of submission.

Succession by right of representation — inheritance of the portion of the heir who died before the discovery of the inheritanceThis method of inheritance refers to the right of inheritance under the law.

In the absence of the heirs of the first line, the heirs of the second line may inherit the same principle for the next rounds.

Priority is given in articles 1142 to 1145 of the Russian Civil Code (Chapter 63).

But if members of a particular line calling for inheritance are found to be unworthy, they will be denied such a right, and the fact must be confirmed by a court decision.

The following persons may be considered as unworthy heirs:

• Perpetrators of unlawful, intentional acts against the heir;
• Perpetrators of unlawful, deliberate acts against persons who inherit property;
• Parents who claim inheritance after the death of their child, but have long and bitterly evaded parental responsibilities.

In addition to the succession lines, there are persons who receive a guaranteed share of the estate, the incapable dependants of the deceased.

The basic condition is to be kept in maintenance for the last year, and it is not necessary to live with the heir.

Ways of accepting an inheritance (article 1153 of the Criminal Code of the Russian Federation)

If the heir transmits the application to the notary with the assistance of another person or sends the document by post, the signature of the heir must be certified by the notary or other official who is entitled to perform the notary act.

An inheritance may be accepted through a representative if the power of inheritance is specified in the authorization; if the inheritance is taken by a legal representative, the power of attorney is not required.

The heir shall inherit (until it is proved otherwise) by performing an act which shall be evidence of actual acceptance of the inheritance, if the heir:

• Has taken possession or administration of the inheritance;
• Take measures to preserve the inheritance and protect it from attacks and claims by third parties;
• Spent his inheritance money.

By will

The spouse may inherit all of the deceased husband ' s property or lose everything, depending on the content of the will.

However, the law protects the right of socially disadvantaged spouses; the disabled wife receives a compulsory half of the inheritance, even if the will dictates otherwise.

The will may also be challenged if:

• The testator was found to be mentally ill and his condition prevented him from understanding the meaning of his actions;
• For the testator is dementia.
• The will was made while the testator was under the influence of alcohol, drugs or severe illness;
• The testator was subjected to mental or physical pressure, was misled, was deceived, as a result the contents of the testator ' s will had nothing to do with the testator ' s real will.

Other grounds for invalidating a will:

• Gross irregularities in presentation: no structure, date, location;
• The will was made up of a group of persons;
• The detention is contrary to the law;
• Existence of false signatures;
• The will of the testator is expressed by the representative;
• The absence of witnesses in writing, if their presence is required;
• The will is not certified or certified by persons who do not have the authority to do so.

Another way to render the will null and void is to ensure that the remaining heirs are declared unworthy.

The testator is permitted by law to revoke or modify his earlier will at any time and not to state the reason for its cancellation or modification.

No one ' s consent is required to cancel or amend, and the testator has the right to cancel the old will by drafting a new will.

If the new will is invalid, the inheritance is still performed.

The following are entitled to challenge the will:

• Priority heirs;
• If there is no heir to the first line, then the heir to the second line and so on.

How is it appropriate to inherit if there is a will?In order to be bound by the will, the spouse must provide:

• A copy of the death certificate of the spouse;
• Passport;
• It's the will itself.

Procedure for challenging a will

A will is challenged in court, a suit must be filed, and the spouse must attach to the suit:

• His passport;
• The death certificate of the spouse;
• A copy of the will;
• The marriage certificate (the other heir provides a document confirming the grounds for the challenge and a document confirming the relationship).

Additional documents challenging the will:

1. Expert opinion on a post-mortem psychiatric examination, the document must confirm that the testator was incompetent at the time of making the will.
2. Medical certificates, statements: testimonial of the testator ' s presence in a psychoneurology clinic, discharge from an outpatient card with an opinion on alcohol, drug addiction, etc.
3. Witness testimony.
4. The expert ' s opinion on a handwriting examination, which must confirm or deny that the document was not signed by the testator.
5. Only a notary, chief doctor or deputy doctor, on duty doctor, hospital director, nursing home, captain of the ship, chief of the expedition, commander of the military unit.
6. Documents that confirm that the witnesses were persons who were not entitled to this right: notary, testator, testator ' s children or parents, incapable persons, persons with disabilities (deaf, blind), citizens who did not speak the language in which the will was drawn up, interested persons.

In each case, the list of documents is individual.

Examinations to determine the capacity of the testator at the time of making the will and other examinations shall be carried out before the action is brought before the court or during the proceedings.

If the expert does not provide a clear answer to the questions raised, the expert ' s examination is not evidence of an invalid or disputed will.

The examination shall be considered invalid if the expert has violated the rules governing its conduct.

The inheritor ' s estate may be:

• movable, immovable property;
• Property belonging to the heir at the time of the opening of the inheritance;
• Rights and obligations;
• Money;
• Securities;
• Duty to pay debts;
• and so on.

The spouse has the right to inherit by law if the marriage is officially registered and has not been dissolved at the time of the spouse ' s death.

Pre-distribution of estates between heirs is made by the joint-law share of the estatei.e. the spouse first gets his share of the joint property acquired during the marriage, then the remaining property becomes the estate.

The wife has half of her own control as she pleases.A part of the husband, if there are children, is divided between them or between the other heirs by will or by law.

The distribution of the marital share does not require judicial proceedingsIf it is clear from the property documents that the property was acquired during the marriage, the notary will separate the inheritance from the marital share, any difficulties being resolved by the court.

Consider the documents to be given to the spouse to inherit after her husband's death.

Documents

A notary must be collected and brought to the notary in order to obtain his inheritance from the notary after his husband ' s death:

• Original, copy of the spouse ' s death certificate;
• The certificate of his last residence (in the document all the residents are indicated on the date of the death of the heir);
• Marriage registration certificate;
• Documents confirming the acquisition of property during marriage and the right to inheritance;
• passport.

A certificate of inheritance may be obtained from a notary with the consent of the other relatives, otherwise the case is decided by a court.

Consider how to inherit a car or an apartment after the husband's death, which documents should be provided further.

Depending on the estate, the spouse provides:

Apartment	A legal instrument; A document on the State registration of the property of the dwelling; The cadastral passport; A receipt of non-payment debts; A document showing the estimated value of the dwelling at the time of the spouse ' s death.
Land	A legal instrument; The site's cadastral plan; A document showing the estimated cost of the site.
Vehicle	A legal instrument; TC passport; A document containing the value of the car.
Securities, deposits	Contribution contract (or bankbook); An extract from the register of all shareholders; The name of the OS, AO and others.

Date of inheritance

How long can you inherit?The legislation provides six months for the preparation of the documentation and application to the notary.

But the period may be extended if the right to inherit has been obtained after:

1. Refusal to inherit another heir, you can inherit within six months from the date of rejection.
2. The other person did not inherit the inheritance and may inherit within three months of the completion of the six-month period from the date of the death of the heir.

If the deadline has been missed and the heir does not fit into the categories described above, the problem can be resolved without trial.

The consent of all those who have inherited it must be obtained.

If no one inherits the property (the only heir has missed the deadline), the inheritance is declared to be extinct, and it is transferred to the property of the Russian Federation or municipal entities.

The procedure for the restoration of their rights in a willless inheritance in the absence of disputes:

1. The consent of all heirs (desiredly) must be obtained orally.
2. To prepare and notarize the written consent of the heirs.
3. The notary will redistribute the share of the estate.
4. Cancellation of the earlier certificate of succession.
5. To issue new certificates of succession.
6. Re-register information in public registers.

Out-of-court arrangements for the resolution of missed deadlines are rareThese changes usually reduce the shares of other heirs or deprive them of their right to inherit altogether.

The refusal of at least one heir makes an out-of-court settlement procedure impossible.

The judicial procedure provides for the filing of an actionThe defendants are the present heirs: the grounds for filing: the heir was not aware of the existence of the inheritance, the dates were missed for a valid reason.

The following are considered to be valid reasons:

• Serious diseases;
• The circumstances that created a state of powerlessness for the heir;
• Illiteracy preventing inheritance.

Lack of knowledge of the law does not exonerate responsibility.

Payment of the Minister's fees

If the inheritance is received by the first-line heirs, in 2023, they must pay 0.3 per cent of the value of the inheritance received, but not more than 100,000 roubles.

Other heirs pay 0.6 per cent of the value of the property, for which the upper threshold is 1 million roubles.

But from the payment of the government, the heirs are exempt:

• A living area if they were living with the heir;
• The property of the deceased in the performance of public duties (also victims of political repression);
• Bank deposits, pension payments, intellectual remuneration;
• Insurance payments for the death of the deceased as a result of an industrial accident;
• Minors who have no legal capacity to inherit.

Persons with disabilities in the first and second categories have a 50 per cent benefit.

The tax shall be paid whether the spouse inherits in will or in accordance with the law; the amount of the government will be the same in both cases.

Features

The spouse does not have the right to dispose of or dispose of property that the husband has inherited or prior to marriageThese are not shared property.

As an exception, the court sometimes considers the situation where the value of the property has increased substantially through investments made during the marriage, but these investments need to be proven.

How to process the papers and how to inherit after the husband's death

In order to learn how to inherit after the husband ' s death, some nuances of the procedure and the rules of the law are needed, and it should be borne in mind that citizens belonging to the first line of succession are given the primary right to take possession of property.

Who else will inherit

There is often a dispute over who takes over the property if the man has not only a wife but also other close relatives; the wife has the right to inherit after the death of the heir because she belongs to the first degree of consanguinity, provided that the marriage has been registered.

The share is reduced if there are other relatives, since the inheritance rights of the deceased are transferred by law to all relatives in the first category of heirs: children, parents, those who are unable to work and who can claim a compulsory share; the division of property is carried out equally among all; and when the procedure is completed, each owner must obtain a certificate.

A person who is unable to work, if he is a child of the deceased or his parent, is entitled to a share in the property.

Features of a wife's inheritance after her husband's death

The marriage share of the inheritance under the law is determined by the notary if there is no document left by the husband; the special feature of the inheritance in this case is that the personal property of the wife is granted; not everyone knows what to do and how to conduct the procedure properly.

If you have a husband's estate, you may have a share of the property of the wife, and if you have a wife, you may have a share of the property of the woman, and if you have a husband's property, you may have a share of the property of the wife.

All that is left behind is shared between the children and the parents of the deceased, and they are entitled to a compulsory portion, regardless of whether the spouse inherits or bequest has been made.

Means of inheritance: actual and notarized

In the event that a notary has a document with a list of heirs, the following must be done in order to take over the property previously owned by the spouse:

1. To file an application with a notary to accept property not later than six months from the time of death; a wife who was abroad or in treatment on the day of the discovery of the inheritance and who missed the deadline may restore it.
2. It will then be necessary to submit documents confirming the existence of a related relationship, and it will also require property documents and a death certificate.
3. The notary opens the case and takes over the inheritance after the death of the citizen, and a certificate of ownership is issued to the relatives, even if they receive half of the property, and the process is considered to have been completed.

On actual inheritance, the recipient pays all the bills, repairs the apartment and incurs all other expenses; in order to obtain a certificate of ownership, an application must be made and a notary must be contacted.

If the marriage was not registered

If the relationship between the citizens has not been officially registered, it is almost impossible without a will to inherit a civilian wife, the property will be distributed to the parents of the deceased.

Under the law of the Russian Federation, a civil wife cannot file documents for herself, even if she has been in the household with the deceased for many years and has acquired many valuable things; a civil wife can only obtain property if she is dependent on a man.

For example, only a legitimate wife could claim inheritance, and it was irrelevant when the relationship between the spouses had been registered and what property had been acquired during the marriage.

Method of entry: documents by date

If the wife doesn't know how to process the inheritance after her husband's death, she needs to contact a notary, and it is important not to miss the deadline after the death of a relative.

Procedures for processing:

1. A notary must be consulted in the area where the deceased lived and the spouses have the right to claim each other ' s property in accordance with the law.
2. Documents are being prepared; they can be collected by themselves or by using the help of a trusted person; a package of documents must include a list of the items that were purchased during the marriage.
3. The notary invites all relatives to discuss the conditions for the transfer of property; the parents who are unable to work and the children of the deceased are entitled to receive part of the inheritance.
4. After checking the papers, heirs are issued with certificates of inheritance, after which they can register ownership.
5. You need to contact the Rosreister to register real estate within 10 days of receiving the certificate from the notary.

The file must be filed not later than six months from the date of the death of the spouse, and if the deadline is missed, it must be restored in court.

List of documents to be collected by the spouse in order to obtain the inheritance:

1. Passport of a citizen of the Russian Federation.
2. Her husband's death certificate.
3. Marriage registration certificate issued in the registry.
4. Report of the property valuation expert.
5. A certificate confirming the absence of a marriage contract, which may establish certain nuances of inheritance of property.
6. Documents establishing ownership of real estate: If household appliances cheques are retained, they are also required.
7. The will.
8. An application for inheritance.
9. A receipt confirming the payment of the majesty.

The notary, on the basis of the data obtained from the documents, distributes the property among the heirs; most of the property is taken over by the spouse; the remaining 50 per cent are shared between the relatives.

Secretary of State

The mechanism for payment of the State is regulated by the Tax Code of the Russian Federation. There is no fixed amount, and it is calculated individually according to the cost of the inheritance; payment of the duty is required before the registration of the right of ownership takes place.

The amount of the duty depends on the degree of the relationship with the deceased citizen; the wife of the deceased man belongs to the first class of heirs; therefore, the rate is 0.3 per cent of the total estimated value of the estate; and if the wife has several reports of the property valuers, then the lowest value of the property and other valuable property is selected.

In addition to the duty, a notary is required to pay for the services of a notary; the rate is fixed, but changes annually; 100 roubles are required for the certificate of will and 600 roubles are required for the inventory.

Succession following the death of a husband in the Russian Federation

If you leave your spouse's life, you will have to perform an expensive burial procedure, after which you will have to deal with the inheritance of your husband's property.

Succession of a wife after her husband ' s death

There are a number of features that need to be known about the process of inheritance after the husband ' s death:

• If the spouses were married, all property acquired during the marriage is considered to be common, which means that, upon the death of the husband, the wife is entitled to half of the joint property, in addition to which she is entitled to inherit part of the second half of the property;
• The personal property of the spouse, or property acquired prior to the marriage, shall not be divided between the spouses, but shall be fully inherited;
• If the wife has invested money or other funds in the maintenance of the husband ' s personal property, such property may be declared jointly acquired property by the court, and accordingly half of the property is legally owned by the wife prior to the inheritance division;
• If it is proved that the husband ' s joint or personal property has been wasted after his death by his wife in his personal favour before the division of the property, the equivalent of the share of the property that has been acquired in the marriage may be denied to the wife; another reason for the unequal division of property may be the presence of minor children and the need to respect their interests.

In order to take possession of her part of the joint property, the wife must apply to the court for a certificate of her husband ' s death and other documents confirming the ownership of the property or objects purchased by the wife prior to the marriage, acquired in personal property, inherited or donated during the marriage; an application must be made to the court for the allocation of the wife ' s property from the estate.

• In the event of disputes or conflicts based on division of property, unequal shares of heirs, all problems must be dealt with in a court of law rather than attempting to negotiate orally with the heirs.
• As described in the text above, it is necessary to confirm through the court part of the wife ' s property by separating it from the common estate, since the wife ' s property is not eligible to be claimed by any relative, no matter how related he may be to a deceased citizen.
• Following the allocation of half of the joint property, the wife is entitled first of all to claim equal share of the second half of the joint property after the death of the husband, on an equal basis with the children and parents of the spouse.
• There is the concept of a marital share, which must be inherited, even if the husband has made a will without including the wife in the heirs, but the rule of the marital share is far from always in force, it is necessary to prove it in court.
• It is believed that the wife will claim only large, expensive property or real estate after her husband ' s death, but by law the wife has the right to inherit all things, including the husband ' s personal belongings.
• It is particularly important to understand that the joint property is recognized as any acquisition during marriage, with no legal interest in the share of each spouse in the purchase, even if the spouse has contributed 1 per cent of the value of the property, such property will be recognized as common and the wife will be entitled to claim half of the property before the commencement of the inheritance division of the property.

The following types of property and property may be obtained as joint property:

• Any savings in any currency, cash deposits in financial organizations;
• Real estate, vehicles, household appliances and electronics, modern communications, computers and components;
• Stock, bonds, shares, part of the company's capital.

Other items are recognized as the personal property of the deceased spouse and are not divided in half with the wife, but may be partly inherited as part of the general or testatorial process of the legal heirs ' rights to the estates of the heirs.

If a spouse has made and registered a will before death from a notary, in which he has detailed the heirs and the things to be given to the heirs, the general rules of division of property shall cease to be valid; and the division of the estate of the testator shall be under the control of the notary and in accordance with the will of the testator laid down on paper.

Any claim by the heirs that the will of the testator is unfair is null and void if it is contrary to the terms of the will, and there are a number of exceptions in which the heirs who are not included in the testator ' s will are, in any case, given a portion of the inheritance.

Mandatory heirs include the following citizens:

• Children of the inheritor, whether biological or adopted, who are under the age of 18 or who are unable to work regardless of age;
• Unable to work parents of the deceased heir who have entered retirement age or have been disabled;
• Unable to work dependants who lived with the heir for one year prior to his death, who were completely dependent on the heir ' s finances during that period.

The listed persons have the right to claim half of the inheritance if the division were to be carried out according to law, and further details are required in article 1149 of the Russian Civil Code.

The requirement for consideration of the allocation of compulsory shares is the inability of immediate relatives and dependants to work, living solely at the expense of the heir.

It is disappointing to the wife that she will not inherit a ruble from her husband if he has made a will, not including her in the lists of mandatory heirs, and that the wife is a capable woman and has not reached retirement age and is not a disabled person.

If the spouse dies without leaving a will document with directions on the division of property between heirs, all property shall be inherited by law, which means that the spouse is part of the first line of succession and may claim half of the husband ' s common property and personal property in equal shares with the rest of the next of kin.

If there is one member of the first line of succession, the next line of succession shall take effect only when there is evidence of absence from the previous line, or they have written a refusal to inherit.

If the date of death is difficult to determine for various reasons, account shall be taken of the date set as the moment of death by a court decision.

If the last day of the inheritance takes place on a calendar day off or holiday, the end of the term is postponed until the next working day.

In the event of a delay in the inheritance period, the heir has the right to restore the period through the court, but in order to do so it will be necessary to prove the objectivity of the reasons for the delay, on the basis of which the citizen was unable to inform the notary of the intention to inherit.

If the time limit has passed, it is only in one case that the heir ' s rights can be restored if the written consent of all legal heirs is obtained to the effect that they are not opposed to the re-examination of the inheritance and the redistribution of the property they have obtained is possible only in theory, in practice such situations are very rare.

How to inherit after the death of a husband

Regardless of the format of the inheritance, the spouse must apply to the notary of the husband ' s last residence and make an application for inheritance there.

You can download a sample of the inheritance application here.

The husband should take the following binding documents with him:

• Passport of a citizen of the Russian Federation;
• A document confirming the validity of the date of death of the husband;
• An extract from the FMC on the last place of registration of the heir;
• To submit a marriage certificate if the inheritance occurs according to the law, if children are present, their documents are required;
• If the husband has changed his or her name, the evidence must be provided.

In addition to the above documents, all documents claiming ownership of the estate must be prepared in advance.

It is mandatory to carry out property valuation with BTI, special assessment services to record the cadastral, inventory and market value of the estate at the time of its death.

Special documents are required for different situations:

In the case of a claim for an apartment:

• Registration of the right of ownership of the dwelling;
• A contract for the purchase or exchange of an apartment;
• Technical plan for the premises;
• Inventory (if attached);
• Property valuation act for all types of value;

In the case of a land title claim:

• The contract for the sale of land;
• A plan for the cadastral land in question;
• Act on valuation of the dwelling;

If the intention is to take possession of the vehicle:

• A contract for the purchase of a car;
• PTS;
• Registration of a car or de-registration document in H & D;
• Documents containing the estimated cost of the vehicle.

In order to inherit real estate or expensive movable property, it is necessary to submit a certificate from the FNS on the absence of tax arrears, an extract from the FSPF on the absence of encumbrances of property, and an extract from the PC on the absence of debts for the payment of an apartment.

In the event of a transfer to the ownership of the funds in the accounts of the financial organizations, the husband ' s contracts with the bank for the opening of the deposit should be submitted.

In any event, it was necessary to discuss with the notary all the issues relating to the cost of the inheritance process, and to specify in advance what further documents might be required in the future.

If necessary, some of the documents could be prepared on their own, in order to reduce the cost of inheritance.

In addition to the personal appearance at the notary, it is permissible to send the documents by post with the advance signature of the heir, as certified by the local notary, to bring in a trusted person.

Such a citizen would require a passport and a power of attorney issued by the heir.

Duration of the inheritance after the death of the husband

In all circumstances, the period of succession shall be limited to a period of six months, starting from the day following the date on which the death of the citizen was recorded.

1. In the event that it is not possible to determine the date of death, if a citizen is found missing, it is necessary to obtain from the court a document setting out the date of death and the court ' s decision to begin calculating the date of succession.
2. It should be borne in mind that the date of the application for ownership is the moment of hand-to-hand transmission of the document, or the day it is sent by mail, and it is not important when the letter is delivered to the addressee.
3. There is a rule to reduce the duration of the inheritance by half for the representatives of the second and subsequent successions if there are no representatives left in the first, or if they have signed the non-consignment papers.

In order to inherit, it is necessary for the heir to have a certificate of succession with the number and extent of the estate specified therein, and to apply to the notary within six months, after which he must submit all the necessary documents.

If the heir has failed in the six months set aside, has not applied, has not received a certificate, he has no right to dispose of the inheritance, even if he has actually joined it.

If there are no other heirs, the spouse will be recognized as the heir upon the death of the husband if:

• The property is fully disposed of and acts in the administration of the property;
• Paid debts and other obligations of the deceased husband;
• Accepted the money from the husband ' s debtors for repayment;
• Take measures to protect property, money or real property.

A wife must perform any such act within six months of her husband ' s death in order to obtain actual ownership of the property; if necessary, it will be necessary to prove to the notary or court that the inheritance has been accepted, and to do so it will be necessary to submit accounts and cheques showing that the property has been taken into account.

There is an option where the wife inherits and manages the apartment, but the husband ' s vehicle has not been acted on for six months.

If it is necessary to dispose of property accepted by a de facto inheritance, the wife must obtain a certificate of inheritance from a notary; if the wife applies to a notary after six months, she will be denied such a request.

• It will be necessary to submit all the expense documents and documents that indicate the maintenance of the property during the six-month period performed by the wife.
• In the absence of an appeal to a notary within six months, the absence of a de facto inheritance from the spouse, she must obtain the written consent of all other surviving relatives that they do not mind placing her on the list of heirs and dividing her property again according to her share.
• In such a case, each heir ' s consent must be given to the notary and all certificates of succession must be given, so that the notary could recalculate the shares and issue new certificates of inheritance.
• If the heirs have refused to submit their written consent, the wife has the right to file a claim with the court requesting the restoration of the inheritance period, and it is necessary to consider in advance the reasons for the delay, to prove them and to prepare all the material so that a positive decision can be made in the court.
• A model application for renewal of the date of acceptance of the inheritance can be downloaded here.

How much is it worth to process an inheritance?

To begin with, it must be understood that a notary ' s application and application costs between 300 roubles and 500 rubles; an additional notary can bill by assisting in the processing of documents, for the urgency of the preparation of legal documentation, for the implementation of the technical aspect of the inheritance case.

These points need to be discussed in advance with the notary so as not to be surprised at the amount that will be required as payment for the services of the notary.

The following amount to be paid to the heirs is different for each category:

• Close relatives pay 0.3 per cent of the estimated value of property inherited, but the ceiling cannot exceed 100,000 roubles;
• For other successions, the amount is calculated at 0.6 per cent of the estimated value of the estate of the heir, with the limit at the price being 1 million roubles.

For disabled and disabled relatives who are heirs or other persons defined by the provisions of article 333 of the Tax Code of the Russian Federation, allowances are provided for payment of duties.

In summary, the amount of the valuation may differ in the determination of the market value of the property, the cadastral value or the inventory value; if the heir has different types of valuations, he may choose from which particular valuation value is to be calculated the amount of the State duty.

A husband's inheritance after his death

Succession is the transfer of property from a deceased person to another person, and a person, old or underage, has the right to inherit property.

There is.two types of inheritance:

The inheritance of the will shall be made by the heir until his death and shall be initiated by an able person who has reached the age of eighteen years and shall be kept secret in writing and maintenance (art. 1123 of the Civil Code).

This document must be in writing, must be drawn up in two copies and must be done in the presence of a notary.

There's a heir in it.describes the propertywhich he has, andPersonswho gets it if he dies.

This will is kept at the deceased's office, as well as at the notary office where the document was issued. The personal effects of the deceased must be examined in order to know if there is a will.Call a notarywho certified the document.

In the case of inheritance under the law, it is effective if there is no will; the law establishes a certain number of relatives who are entitled to inherit property.

The wife is a person who is directly in the first line of heirs.Together with children and parentsIf the deceased husband does not have children and parents, all the property will be transferred to his wife (article 1142 of the Criminal Code of the Russian Federation).

The heir has relatives, namely, his wife, daughter and parents, as well as real estate: an apartment, a plot and a car; according to article 1142 of the Russian Civil Code, all of them have the right to claim the property in equal shares.

All the above-mentioned relatives who wish to inherit the deceased ' s property submit the application and the necessary documents of succession to the notary office.for a period of six months, since the day of the discovery of the inheritance.

The day of the death of the heir is the day of the discovery of the inheritance.

Everyone has the right to refuse to accept an inheritance (art. 1157 of the Criminal Code of the Russian Federation), which requires a refusal in writing; if the heir has not filed any documents, refusals or applications within six months of the death of the heir, the failure to do so shall be regarded as a refusal of the estate.

Ivanova, who survives her husband, is entitled to 1/2 shares in the joint property, as well as the share of inheritance in the second half, on an equal basis with other relatives; therefore, the share of the spouse is increasing.

At the end of the six-month period following death, the notary issues a certificate of inheritance to the relatives; if the estate is inherited, the transfer of ownership is compulsory.Registered with the relevant public authorities(Territorial Unit of Rosreestre).

How property is divided after the husband's death

The property of the deceased husband includes movable and immovable property belonging to him at the time of the opening of the inheritance, as well as other property, including rights and obligations, such as home, car, money, securities, and the obligation to pay a certain amount of the debt which the husband has not paid while he is alive.

Property owned by the deceased spousethe right to inherit his lawful wifeIt consists primarily of the heirs, on an equal basis with the husband ' s parents, as well as his children, whether they are married or not. (art. 1142 of the Criminal Code of the Russian Federation)

The deceased ' s property is dividedIn equal shares for all heirsThe wife, as well as the other heirs, have the right to give up the inheritance, which requires the refusal of the notary in charge of the case, in which case the estates will be inherited by the other heirs of the line, also in equal shares.

The wife of Ivanov gave up her inheritance share of the three-room apartment, and she has two children with the deceased husband.

The legal spouse inherits the inheritance when the husband dies, in any case, but not always in full.Category of first-line citizensestablished by article 1142 of the Russian Civil Code:

• Wives, regardless of age, state of health and time of marriage.)
• Underage children under 16 years of age and, in the case of education, under 18 years of age.)
• Persons with disabilities in groups 1, 2 and 3, regardless of disability.)
• Citizens who have reached retirement age, as well as all family members who are unable to work.)
• Dependents who have remained in this state with the heir for one year or more.)

Under the law, after the death of the husband, the lawful spouse inherits and has full right to claim half of the estate; the other half share the other heirs equally.

The heir has the right, through a will, to change the order of things, so that those not mentioned in the will who are subject to compulsory inheritance will receive only50% of what could have been theirs..

Once the husband has died, the will may be challenged and if there is evidence that it was made under pressure, or when the person was no longer aware, it shall be declared null and void (article 179 of the Criminal Code of the Russian Federation).

The deceased person owns an apartment with a value of 3,000,000 roubles, and a loan contract has been drawn up with him, and the amount of the debt is a large sum of money; in this case, the deceased wife will be obliged to pay the debt which her husband did not pay at the time.

Legacy of a common-law husband

Our Russian legislation does not recognize civil marriage.living together.

At the domestic level, under"civil marriage"They may share a household, have children and live together in the same home, but they are not documented and therefore have no family relations.

It should be understood that such a "civil marriage" may result in the sharing of moneys accumulated by the partners as well as property purchased by them being passed on to completely foreign people.

It is worth noting thatIt's better for the residents to make a will.to avoid the loss of the property and to sell it to a particular person.

But there is an exception in which the share of the property after the death of the deceased husband will still belong to other persons – it will rely on a disabled person who was dependent on the deceased and lived with him on the day of his death.

Persons who are unable to work are minors, persons of retirement age, persons with disabilities and persons who have been found to be incompetent; all the above-mentioned persons have full right to receive a share of the property of the deceased, regardless of the type of inheritance (in accordance with the law or by will).

If a spouse who is in a common-law relationship dies, the property belonging to her may only be entrusted to her partner,If he's listed her in the willOtherwise, a civil wife has no right to claim inherited property except if she was unable to work and was dependent on her.

There is still a small chance that the partner will inherit from the deceased husband, but it will be necessary to provide the court with conclusive evidence that they were in the common household and acquired the property together.

How to make an inheritance after the husband's death

The day of the opening of the inheritance is the day of death; the place of the opening of the inheritance is the place of residence of the heir, or the property of the highest value.

If a deceased person has made a will from a notary, then after his death, to know if there is a document,To see his personal belongings.The second copy is with the notary who made the will.

If a document is found, a notary should also be contacted to obtain a certificate of succession, and its details will be recorded in the document found.

After obtaining the relevant certificate, the person has the right to dispose of the property, but it is worth remembering thatReal estate needs to be converted., i.e. the transfer of ownership itself.

These actions are recorded by the territorial authorities of Rostreestra, where the property is located.

If a will has not been found, then apply to a notary for inheritance within six months; and after six months, the notary will issue a certificate of succession to a certain property.

It is necessary to collect a certain amount of inheritance for the processing of the inheritance.List of relevant documentsthat is:

• The passport of the wife claiming inheritance.
• The deceased husband's death certificate.
• Documents confirming the right to inherit (this may be a will drawn up in accordance with the procedure established by law).
• Marriage certificate (to confirm the degree of consanguinity).
• Documents that confirm the last residence of the deceased spouse (for example, a certificate from the passport table).

The list of documents is not complete, depending on the particular situation, and the list may be changed; in any event, if a notary is contacted about the inheritance of property, he or she will establish a list of the necessary documents for that purpose.

Do the husband ' s children from the first marriage have the right to inherit

The unmarried children of their husband have the same right to inherit their father ' s property,On an equal basis with his lawful spouseall of them have the right to equal shares of the subject matter of inheritance.

If the husband has made a will in which the inheritance will pass after death, for example, to his lawful wife, she will be the one who will make the inheritance of the deceased husband ' s property.

But there is an exception if the spouse has minor or disabled children, regardless of the content of the will, they will have full children.Right to inherit property.