When a person dies and the relatives come to their senses, the matter of his inheritance is often raised, and the testator does not always disclose the details of his post-mortem order, or even the fact of writing the will.
What do we do in this situation for relatives? How do we know about the inheritance, whether it exists or not, and if there is someone who is the heir to the deceased's property? The situation complicates the timing, because if we fail to meet the six-month deadline that the state has set aside to go to the notary office and accept the inheritance, all property will go to the first-line heirs.
Searching for a will
If you're the next of kin of the deceased, you don't have to worry too much. If you don't find the will, you'll get it legally.
But what if you were close to the deceased, not being his next of kin and wondering, "How can I know if I have left my inheritance and if I have any inheritance after the death of my father or my husband?"
In some cases, however, the heirs of the first line of succession, when there is confidence that the deceased has given them the will, should be interested in finding the document.
For example, after his death, three of his daughters will inherit one-third of their father's estate, but after a certain effort, the eldest daughter will be found in a will which says that all property will go to her.
Thus, in most cases, the search for a testimonial document is justified, and it is worth doing so without delay.
At the deceased's.
Since there is no single register of wills in our country, they are not stored in a common database, which would greatly facilitate the search for a testimonial document.Without a separate order from the testator, the authorized person is not obliged to inform you of the existence of the will or whether you are mentioned therein.We're gonna have to do this on our own.
Searching for a will is worth starting with the apartment where the deceased lived, which is the starting point.The willing order is most often kept among other important documents of the testatorThe regiment in the closet, the drawer of the drawer, where the deceased had his passport and medical policy, is likely to have a will.
But if the will is not discovered, the property will be distributed in accordance with the law, and the relatives who lived with the testator will most often come to you in the first place, and they will not be able to help you.
Russian legislation strictly prohibits the search for a testimonial document before the death of the testator.
Alsounder prohibition any life-long attempt to find out from the owner of the property or from the notary to whom the property has been bequeathedIt is only after the death of a person that relatives have the right to start a search.
These rules of civil law are intended to protect the testator from undue pressure from the next of kin concerned.
At the notary's.
If the search for a will in the deceased's house or apartment has not yielded any results,You should go to a notary office.the place of residence of the testator.
The will is made in two copies, one remains with the testator and the other is kept by the notary of the State.
Even if the victim's selfish relatives hid (and destroyed) the first copy of the document, they have no access to the copy of the notary.There's every chance of the deceased's last will in case he mentioned you in the last hand..
In order to contact a notary, it is necessary to provide:
- Original applicant ' s passport.
- Original or a copy of the testator ' s death certificate or an extract from the registry authorities.
- Documents to confirm the relationship with the deceased, such as a marriage or birth certificate.
And if you make a bequest or a bequest or a bequest, then a notary will give you information, and after that you will be given a declaration of inheritance, and after due process, the notary will issue a certificate of inheritance, and you will be able to take possession of it.
In the notary room
If the deceased lived in a big city or travelled a lot around the country?The law does not prohibit the issuance of a testator ' s will at any place of the testator ' s residenceThis significantly complicates the search for a document.
For such situations, there exists in each province or regionNotary ChamberIt provides data on all inheritance cases from notaries.
The request shall be made in writing and must be accompanied by copies of the same documents as the notary..
After checking the information, you will be notified of the existence or absence of the will and will be informed whether you are mentioned in it.
In the absence of the claimant ' s name seeking a will order through a notary office in the text of the will, a request for the exact property to which the will is made will not be granted.
Exceptional cases
So the man who seeks the will of the deceased has passed through all three steps, but it has not produced any fruit. It is worth wondering where else the will might have been made. If a potential heir is certain that he has been bequeathed property, he is usually well aware of the deceased, which means that he was aware of his way of life in recent months and years.
It's worth saying here thatNot only a notary of the State but also other officials are authorized to confirm the willin the event that the testator did not have the opportunity to apply to a notary office.
- When an elderly testator spends the rest of his life in a nursing home, the idea of writing a will is often realized there.Director of the nursing homeI mean, if it's clear that the deceased lived there for a while,You should go to the institution and talk to the management..
- It happens that life is tragicly interrupted in a hospital after a severe illness or a failed operation, and the patient, conscious of the fragility of his situation, decides to make a will before it is too late.Chief Medical OfficerKnowing the circumstances of death and the last days and weeks of the deceased ' s life,It makes sense to look for information about a will in the administration of a medical institution..
- If the work of the testator involved travel and expeditions, under certain circumstances the testator could confirm the will, andHead of the expedition.
- The same is true if the deceased ' s activities were related to navigation or service within the armed forces.Captain of the inland navigation vesselOr else.Commander of the military unit, respectively.
- By analogy, it should also be addressedHead of the correctional facilityIf the deceased testator has spent the last years in detention, the governor of the colony or prison also has the power to confirm the prisoner ' s will.
Only when all the ways of searching for a will have been tested can you make sure that it has not been written, which means that the property of the deceased will be transferred in order of priority to the next of kin in equal shares, or, in their absence, to the second, third and subsequent generations.
How to Know About Wills While In Another City
In this situation, it's the right thing to do.Send a request by mail to the notary officeThe request shall be accompanied by a copy of the passport, the testimonial death certificate and copies of the documents that will confirm the relationship.
Once the information has been checked, you will receive an official reply, and you may proceed with the search or the procedure for inheritance, but if you have not been mentioned by the testator at his disposal, you will also be notified.
Passage of the date of acceptance of the inheritance
What is the matter with you that if a bequest is discovered, but the six-month period of the inheritance has passed, how can you know if another person has inherited it?
It is possible to resolve the matter both in court and without resorting to a court of law.IV. In the latter case, it is necessaryWritten consent of all succession holders that they do not object to the late succession.
Their consent would result in a reduction in the share of property received, or even the deprivation of it altogether, if only one heir had been identified in the will.
The rest of the heirs are likely to refuse because they are unlikely to enjoy the prospect of being left without the already accepted ownership of the property, the only ones whose rights will not be infringed are the compulsory heirs.
It is almost certain that the court will have to turn to the court; especially if at least one of the heirs has refused to agree to the conversion of property by law; the court will have two months to consider the successor ' s claim.
After reading all the case materials, a judgement will be delivered, which will enter into force 10 days after the verdict.If the plaintiff's claims are recognized by the court, the remaining heirs will have to "spend" their shares or lose them altogether..
Absence of will
When the intensified search fails and the heirs are certain that there was no will at all, the property will be distributed in accordance with the law.The list of applicants is detailed in the Civil Code of the Russian Federation and regulates the conduct of the inheritance and the acceptance of the inheritance..
If there is no will, he will tell the relatives of the notary, but he will explain in detail to the heirs of the first line what they need to do in order to inherit, and will inform them of the extent of their share.
The heirs will be warned by law of all the fineties and "seastones", such as the need to pay off the debts of the deceased, if any, and the heirs will then confirm their wish to accept the inheritance by writing a statement of prescribed form.
Further, six months after the commencement of the inheritance, they will receive certificates of entitlement and will be able to start the registration process in their own name.
Conclusion
After the death of a man, his heirs have exactly six months to officially declare their rights to the deceased's property.
If there are legal grounds, the next of kin will receive their shares in accordance with the law.
However, they would have to lose part of the acquired property if a will were found in which the will of the deceased would be expressed differently from that of the first-line heirs.
In order to eliminate such "kazusas", you must find a will of the deceased, which may be among the things of the deceased relative.
If not, a request would have to be made from a notary or a notary in the region.
It is only with the firm belief that the will has not been made that it will be possible to peacefully take possession under the law, knowing that there will be no unpleasant emotion from the re-examination of the case and the redistribution of property.
How can we learn about the right to inherit and find it legally?
The taking of inheritance property is a voluntary decision by each heir, which requires one of the means of entry. The inheritance is not automatic. The applicants have to learn about the inheritance and make it their own. How do you know about the inheritance?
How do you know you're the heir?
According to article 1113 of the Civil Code of the Russian Federation, the grounds for the discovery of the inheritance and, consequently, the right of succession of the heirs are:
- The death of a citizen who is the heir.
- The decision of the court to declare the heir deceased.
It is possible to accept inheritance property immediately after the death of a close relative or after the court has ruled that the deceased has died. From the date of death or the court ' s admission of the death within six months, all applicants, consisting of relatives and bequest recipients, must have their inheritance rights registered.
It is possible to inherit either through a notary office or by establishing the actual acceptance of inheritance property (article 1153 of the Code of Criminal Procedure). One method is to be used within six months (article 1154 of the Code of Criminal Procedure).
How do you know if there is an inheritance? Only a notary office at the place of the deceased's last residence (on a propiska) can determine the extent of the estate, its rights to it and grant it to the notary and write a request for its acceptance.
But it's not easy to know that the heir has died and the inheritance case is open, and usually, after the death of the citizen, his relatives inform the lawyer of all possible applicants and pass on their contacts to the specialist. In such a situation, the notary himself may call the heir.
But if the heir does not communicate with his relatives, it will be difficult to know the death of his loved ones.
Only notaries can search for heirs. This is done in the context of inheritance cases. Notaries are not required to directly search for potential heirs. They are responsible for notifying them of the opening of the inheritance case. Information on the opening of the inheritance is sent to potential heirs whose data are well known to them. There are websites on the Internet containing information on the desired heirs. It is not necessary to take everything for a clean coin because not all the data listed there are true. Some of the announcements may be made by fraudsters.
Is there a legacy?
The inheritance may consist of the deceased ' s personal belongings, real estate, automobiles and other property, and the successors may also inherit bank deposits, shares in the GCO and other forms of business, and it is generally possible to learn about the extent of the estate on the basis of the documents held by the giver.
Remember, the heirs ' debts, such as taxes, utilities or loans, are also subject to inheritance, and the applicants must accept responsibility for the deceased ' s obligations in terms of the value of the inheritance received (art. 1175 of the Criminal Code of the Russian Federation).
If there is no documentation of any property, or if there is a hunch of any property, the successor may request the notary to determine the extent of the estate, and the specialist is authorized by law to send notary requests to the registry to ascertain the ownership of the deceased.
Will: Where to look for him
The acceptance of an inheritance in Russia is usually done by law, which means that the right to enter is determined only among the blood relatives of the giver.
All relatives who belong to one of the seven accessions may be eligible for admission under the law; in the absence of all successors, the deceased person ' s property will be recognized as a dead person ' s inheritance and transferred to the municipality.
The second type of determination of inheritance rights is a will that the heir can make when living in a notary office and give them the right to inherit any person; both relatives and friends, colleagues or common-law spouses may claim property upon will.
It is not lawful for a notary to disclose confidential information to an outsider, including to the relatives of the author of the document.
After the death of a loved one, any friend or relative has the right to contact any notary to clarify the existence of the will; the lawyer has a database through which the heirs can obtain information about the existence of the will.
What if you learned of the inheritance after the date of its adoption?
According to article 1154 of the Civil Code of the Russian Federation, every successor, regardless of his or her type of inheritance, must accept property within six months of the death of the he or she; even if the applicant did not know about the inheritance, he or she must still accept it within that period.
But if a relative is unaware of his or her right to inherit and does not exercise his or her right to inherit within the prescribed period of time, it is possible to restore his or her right of accession, but it is necessary to prove that he or she is unaware of the death of the heir.
There are several possibilities of accepting inheritance property at a later date, but each method has its own characteristics: for example, the simplest way to restore entry rights is to enter into a special agreement with a notary, with all those who have already entered into an agreement formally accepting a late candidate.
But this is not often the case, because if the heirs do not report having another successor, they are likely to be reluctant to accept him, and how can they regain the right to inherit in such a situation?
A successor who has missed the date of succession upon ignorance has the right to file a claim with the court for an extension of the period of acceptance of the property.
We're ready to answer your question in detail and help you accept the inheritance.
To whom to turn and how to learn about the inheritance after the death of a loved one
When someone close to you dies, a person gets hurt, and there's a sad funeral and a wake, and it's gonna take a lot of time before someone comes to their senses and gets to do their day-to-day work.
Among them are the inheritance of the deceased ' s property, and many of them come before any citizen.
How do you determine the full circle of heirs? Did the deceased leave a will in which he expressed his will about the fate of a particular property?
Ways of determining the existence of inheritance property
The Civil Code of the Russian Federation defines only two options for the heirs to acquire the property of a deceased citizen, either by bequest or by law (i.e. by degree of relationship with the deceased), and the answer to the question of how to know the inheritance will vary in each of the options.
Sometimes it may seem that in the absence of a will, the problems are solved very quickly. It's just that all the relatives claim a certain proportion of the deceased's property, and thus the matter is closed. However, there are some of their underwater stones. A potential heir may not know:
- That his relative has died;
- That he is a relative of the deceased (most often children born out of wedlock);
- That the estate includes some particular property (e.g. the existence of a house in another entity of the Russian Federation or a bank account abroad);
- That there are no applicants from among the closest relatives (or earlier priorities).
For example, a man did not ask for his inheritance after the death of his brother because he knew that he had been married shortly before his death.
However, it was later discovered that the deceased was already divorced at the time of his death, his parents died and he had no children.
Consequently, the brother is fully entitled to inherit as a representative of the second line of heirs.
Relatives may reside in remote Russian regions or abroad, and there may be a tense relationship between them, and some of the deceased ' s relatives may deliberately conceal information from other potential heirs.
The best way to know, in the absence of a will, about the existence of any inheritance is to communicate with a relative or with a friend or friend living in the same locality as a citizen ' s family, so that he can know in a timely manner about the death of a loved one, not only to attend a funeral and pay tribute to the deceased, but also to claim his inheritance rights.
If a person is aware of the death of a family member, but due to a poor relationship with other relatives, he or she cannot know the fate of his or her property, he or she should immediately contact a notary.
This is best done at the notary office of the deceased relative ' s place of residence; if this is not possible, any notary who may request data through the Russian register may be contacted.
Even if a citizen misses a statutory six-month term, he has a chance to inherit, but the matter will probably have to be decided by a court of law.
The claimant must prove that he did not know of the death of a relative and request that the time limit for inheritance be restored.
Ways to determine the existence of a will
Russian legislation in force strictly protects the confidentiality of this document; all participants in the process of writing and assuring a will (namely, notary and witnesses) are obliged to keep complete secrecy until the testator ' s death; they cannot disclose even the fact of its existence.
This rule is intended to protect the complete confidentiality of the will of the testator, and it becomes an obstacle to the possibility of abuse by potential heirs.
Until recently, there was no legal rule in Russia requiring notaries to record all wills in a single register, which created a lot of problems for heirs who had to look for such an important inheritance document on their own, but a few years ago the situation changed dramatically.
Since January 2014, FH-166 "On the introduction of amendments to the Basic Law of the Russian Federation on Notaries and Selected Legislative Acts of the Russian Federation" of 2 October 2012 has entered into force.
It also provides for the establishment of a specialized information system within which different registries are to operate.
As a result, potential heirs have had several opportunities to search for a will.
- It has been operating in Russia since 1 July 2014 on the basis of Order No. 129 of the Ministry of Justice approving the procedure for maintaining registers of the unified information system of the notary, dated 17 June 2014.
- A second copy of the document, which remains with the testator, can be searched at his place of residence and searched at all residential sites belonging to the deceased; the will is usually kept where the other important documents are stored.
At the moment, all active notaries (both private and public) are required to enter in the register information on the certification of all wills or notices of withdrawal by the testator.
No information can be provided on the contents of the will in the registry; it contains information on the testator himself, his notary, the details of the form, the registry number, and after the death of the citizen and the opening of the inheritance case, the notary performs a request to the register.
When a will is found, the family member must in any event contact the notary, and the documents must be submitted to confirm: the applicant ' s identity; the extent of his relationship to the deceased; the death certificate; and the inheritance will be opened.
Ways of learning about inheritance abroad and in another city
The situation is complicated if the heir lives in one locality and the heir lives in another, and there are vast distances between them, even if the citizen has received timely information about the death of a family member and has every reason to count on a portion of the inheritance, it is not easy to exercise his right if he is to travel, suppose, from Kaliningrad to Habarovsk.
The law provides for a certain algorithm for dealing with this situation in order to learn about inheritance in other cities:
- To obtain information on the death of a relative in another city;
- To request, through the register of his municipality, a certified copy of the death certificate at the place of residence of the deceased;
- To find out, through the Russian register, which notary opened the inheritance file;
- To submit a request to the specialist, accompanied by a package of certified copies of documents (i.e. the applicant ' s identity, the degree of relationship to the deceased, his death).
The notary must verify the information and documents provided to him; on the basis of the information received, the specialist may either include the applicant in the succession or send him a reasoned refusal; this refusal may be appealed to the court; if so, the acceptance of the inheritance shall be subject to general rules.
The procedure for the inheritance of property left behind by relatives abroad is different, as Russians today move freely in different countries and have different property there, and these are already quite frequent situations.
But it is usually only when the relationship between the heir and the heir is maintained.
If there is a will, the notary of the host country usually sends an official notice to his known heirs.
But it should be borne in mind that the distribution of the estate may be subject to a variety of legal rules.
- According to the regulations of the country where the heir lives (for Russia this is first and foremost the SC of the Russian Federation).
- Under the laws of the country in which the estate is located.
- According to the regulations of the country in which the citizen died, the rule is most often applied when the estate is located in the same country.
In most cases, the inheritance algorithm is similar to that of the Russian Federation.
Upon receipt of a notification from a foreign notary, a citizen must either personally visit a notary office or send a corresponding application accompanied by a package of documents; its composition is similar to that provided to a notary of the Russian Federation.
Some nuances are possible, however, in accordance with local legislation, such as deposits abroad, which may require documents to confirm the deposit ' s ownership.
Is there a right to inheritance data without related ties?
It is not lawful for a deceased person to dispose of his property by means of a bequest, except by means of a bequest, in accordance with article 1119 of the Criminal Code of the Russian Federation.
If they are included in a will, they may be challenged in court only by declaring the entire document null and void or by proving that the testator made the decision under duress.
But there is another legal option: if there is no related relationship, a person may claim a portion of the property of the deceased if he has lived with him for at least a year and is dependent on him; even if the person concerned is not included in the will, he is entitled to a portion of the compulsory share of the inheritance.
But it will be much more difficult to obtain information about the estate of such an applicant than its heirs. He cannot apply to a notary for an application to open an inheritance case. He will simply not be given a copy of the death certificate, without which it is impossible to open a case in a notary office.
The investigator can only access the information in two ways
Options | Actions |
If he has a second copy of his will in his hands. | The natural heir may therefore apply for permission to be present at the opening of the first copy of the will from the notary; |
If, after the declaration of the will, it became known that there was an unborn heir there. | In this case, on the basis of article 61 of the Basic Law of the Russian Federation on Notaries, the notary is obliged to inform all heirs, including those who have no relationship with the testator. |
In addition, a citizen may apply to a notary office on his or her own.
In his application, he must state that, not being a relative of the deceased, he was dependent on him and lived with him for the last 12 months before his death.
On the basis of this, a citizen is entitled to request that he/she be included in the list of applicants for a compulsory share of the inheritance; this decision should be appealed to the court if the notary refuses to do so.
In any case, the inheritance begins with the first step: the knowledge of the death of a person, the right to receive a share of the inheritance and the composition of the estate; this is not as simple as it may seem at first sight and involves many formalities; in some cases it is even necessary to resort to the courts to resolve the problem.
How do we know about the inheritance?
Almost all of us are faced with the need to learn about the inheritance of the apartment: whether there are any other heirs who have taken on rights and who have refused to do so; and, as a rule, it is not always known by the notary that this information is available, sometimes it is necessary to work on its own.
Lawyers are advised to know in advance about the inheritance of the dwelling so as not to miss the date of the succession — six months from the date of the death of the heir.
How to Know About the Legacy
Often, close relatives try to conceal death from other potential heirs in order to obtain the entire estate of the deceased, especially when it comes to real estate and other relatives live far away and do not have frequent visits.
In this case, where the actions of the relatives are not credible, you need to:
- To contact relatives at least once a month so as not to miss the date of acceptance of the inheritance in the event of death;
- If a relative is seriously ill, it makes sense to contact a notary in his or her place of residence.
As soon as you have learned of the death of a relative, contact the notary office at the place of his last residence; you must notify the notary of the death of the citizen and present the following documents to him:
- Passport;
- Certificate of death of the heir;
- Confirmation of affinity;
- A will if it was found.
It is easy to know the inheritance of the deceased's loved ones, whether they live with him or are in close contact with him.
How do I know if I'm the heir?
If the heir does not leave a will, the inheritance will be distributed among the heirs.
In this case, you need to check whether you are the legal heir to the deceased.
Release 1 | The deceased ' s wife/husband, his children and parents; the right of representation may be the grandchildren and other descendants of the heirs referred to above. |
Release 2 | Brothers/sisters, grandparents, nephews/nieces; half-brothers and sisters are also allowed |
Release 3 | Blood aunts, uncles and their descendants, i.e. cousins of the deceased |
Release 4 (most rare) | Gradies/grandmothers |
Release 5 | Children or descendants of nephews/niece and siblings of grandparents |
Release 6 | Children (children and grandchildren) of nephews/nieces, children of cousins/sisters, children of siblings/grandparents (dual aunts and uncles) |
Release 7 | Wife ' s or husband ' s child (passer or stepdaughter), stepfather ' s child, stepmother ' s child |
Release 8 | Persons unable to work who are dependent on the deceased for a period of not less than 12 months prior to his death or who have lived with him or her outside the first seven phases of succession. |
If you are not included in the list, the notary will not be able to provide you with any information on the case.
Unfortunately, there is no provision in Russia for the establishment of a special base of people who have made and confirmed their wills, which is a significant deterioration in the situation of the heirs.
If the heir leaves a will, the notary must give notice of it to all the heirs.
How do you know if the will was on the apartment?
The main difficulty after the death of the heir is to find out if there was a will, and almost immediately the deceased has many relatives who want to know about the heir and heir in secret, counting on being able to capture a part of it.
The main obstacles to the will are:
- The desire of the ill-faithed relatives who have previously made a will to conceal it or destroy it;
- Lack of certainty as to whether the will was at all;
- The will-breakers and other persons who are aware of the document cannot disclose the mystery of the heir and its existence in general.
To find out if there was a will, close relatives try to:
- Check the deceased ' s personal belongings;
- Find him in the deceased's apartment.
- To contact a lawyer or notary with whom the heir worked during his life;
- Talk to the other next of kin of the heir.
As a rule, a notary who has made a will recommends that the testator keep it as one of the following images:
- Keep houses in a sealed envelope;
- If the will includes persons who do not live with the testator, it is better to keep the will in a notary office.
A will can only be opened after the death of the deceased and in the presence of witnesses.
In any case, the will is always drawn up in two copies, in case of misconduct on the part of the persons concerned; it is therefore useful to know, in the event of the testator ' s life, which notary he prefers to use, so that with a probability of 99 per cent after the testator ' s death, he may turn to the right specialist.
How do you apply to the notary room?
If you want to learn about the inheritance, you can ask:
- Close relatives of the deceased, neighbours or friends to learn about the death of the heir;
- A notary who prefers to use the services of the deceased or the place of his last residence;
- To the notary office.
In order to learn about the inheritance and death of the heir within a short period of time, you can apply directly to the notary room of the city where the deceased lived.
The notary chamber is the superior governing body for all notaries operating in the constituent entity of the Russian Federation, where they send data on all registered documents, including wills.
A request for a will can be made in two ways:
- By post, sending a photocopy of documents (passport, death certificate, etc.) and a request for a will;
- Personally, coming to the notary room controlling the notaries of the city of the heir's residence.
You will need to collect the following documents for your address:
- Personal passport, if possible a copy of the deceased ' s passport;
- Certificate of death of the heir (received from the civil registry office);
Confirmation of consanguinity:
- Birth certificate;
- Marriage certificate;
- Other documents.
If you start collecting papers in advance and apply for a will as early as possible, the more time the heir will have to take the inheritance.
How to Know whether the other heir has inherited
All heirs are required by law not only to write a declaration of inheritance but also to register ownership of it with the relevant authorities, which is why once he inherits, this will be reflected in special databases and documents:
- In the owner ' s database of the State registration authority;
- In the notary's register of an application for inheritance.
If the heir has not established his right to inherit, in the future he will have to prove his right to the deceased relative ' s apartment in court.
In addition, if a person is not alone in the list of heirs, as is often the case, the more active relatives, when they learn that they do not accept the inheritance, will try to take possession of the inheritance; sometimes, in order to know whether the person has inherited it, it is enough to go to Rosreister.
Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.
How to Know Who's the Heir to the Property
There may be different situations in life, such as a relative telling you that the apartment was left to him, not to you, and you believe in it, but time passes, and you start to doubt it.
Or your great-grandmother died, and you assume that she should have bequeathed her property to you, because there are no other relatives.
You need a notary at the deceased's place of residence, he'll help you find out.
And Allah is the All-Knower, the All-Knower.
How to Know About the Legacy
Therefore, make a written request to the notary chamber of the province, province, and district of the Russian Federation at the last residence of the deceased.
Since the notary chamber is a superior body, notaries provide information on all the notary acts they have performed, including certified wills.
Contact the notary room and submit the documents from the above list (passport, death certificate, related documents).
If you know for certain that the will has not been made, then the succession will take place according to the law, in turn. Under civil law, there are eight sets of heirs. The representatives of each of the following successions are called upon to inherit only if there are no representatives of the previous line.
How to know whether the heirs have inherited or not — information that is invaluable to all applicants
But the fact that a notary does not have an application for inheritance does not mean that the inheritance has not yet been accepted by anyone.
For example, this can be done by a relative who has lived with the heir in the same house and continues to live there after his death (subject to payment for utilities).
See the case law on actual inheritance here.
If the heir has left a will but your name is not in it, no notary will provide you with information about the heirs mentioned in the document.
Where to look for a will and how to find out who is the heir to the property
Searching for a will is worth starting with the apartment where the deceased lived, which is the starting point.The willing order is most often kept among other important documents of the testatorThe regiment in the closet, the drawer of the drawer, where the deceased had his passport and medical policy, is likely to have a will.
After reading all the case materials, a judgement will be delivered, which will enter into force 10 days after the verdict.If the plaintiff's claims are recognized by the court, the remaining heirs will have to "spend" their shares or lose them altogether..
How to know who is the heir to the will
If your daddy dies, you'll share the inheritance with his second wife, and you'll understand that she'll have full right to use the whole apartment. The only way out is to buy a part of it or sell yours, you have no choice.
2. The right to a compulsory share in the inheritance shall be satisfied from the remaining unrolled portion of the estate, even if this would result in a reduction of the rights of the other heirs under the law to that portion of the property and, in the event of the lack of an unencumbered portion of the property to exercise the right to a compulsory share, from the portion of the property which is bequeathed.
A husband's inheritance after 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).
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.
To help the heir: How much to pay for the inheritance
- Persons with disabilities, groups I and II,
- Persons with disabilities and persons with disabilities
- Citizens classified as the first category of victims of the Chernobyl disaster,
- Persons unable to work by age, orphans and the State.
- Citizens who inherit the property of persons who have lost their lives in the protection of Ukraine in connection with the performance of other State or public duties or the fulfilment of a citizen ' s duty to save lives, protect public order and combat crime, protect private property or protect collective or State property.
Prostoppravo.com.ua reviewed the payments that each heir pays to inherit from state notaries, and private notaries determine the cost of their services by agreement with the heirs, but it cannot be less than the State ' s established.
Heirs to the first line without will
Good afternoon, my mother (55 years old) became a first-class inheritor, and I live with my family in an attached room of 2 to 3 metres, and my mother lives in a three-room house, and my sister-in-law (my wife) is not the best thing to do.
My mother's been saying lately that someone she knows is gonna sign the house because she's gonna be watching it, they've already agreed.
I'm a diabetic, and if something happens to me, my family's gonna be outside?
In fact, there are seven groups of relatives who are entitled to inherit the property of the deceased.
How can we find out about the inheritance?
- To file an action for the restoration of the time limit for the acceptance of the due portion of the inheritance (where there are reasonable grounds);
- To agree with the beneficiaries of the inheritance, to send a written and notarized agreement on the redistribution of the inheritance, drawn up by each of them, authorized by the notary, in accordance with article 1153 of the Criminal Code of the Russian Federation.
However, determine the exact location of the opening of the proceedings.in succession in accordance with the law, in accordance with articles 1141-1145, 1148 of the Criminal Code of the Russian FederationAccording to Russian law, the testator has the right to appeal to any notary when drafting an order.
Immright Law Company
For example, after the death of a relative, the wife and mother remained with the property: the apartment and two cars, the apartment being bought during the marriage and therefore belonging to the common property of the spouses and the machines not belonging to them.
In this situation, the wife must first be allocated half of the common property of the spouses, i.e. 50 per cent of the apartment; the remaining 50 per cent and the machines are divided equally between the wife and the mother: 25 per cent of the apartment and the car.
As a result, the wife is entitled to 75 per cent of the flat (50 per cent + 25 per cent) and the car, while the mother is entitled to 25 per cent of the apartment and car.
Thus, in order to determine the amount of the spouse ' s share of the inheritance, it is necessary, first, to draw up a list of the spouses ' common property and to allocate half of that property to the spouse as the share due to him under the Family Code of the Russian Federation. Second, to take the remaining half, to combine with the other property of the deceased, which is not the common property of the spouses, and to divide equally between all the heirs of the corresponding line.