How to prove kinship for inheritance: with sister, brother, father, mother

The testator can transfer his property to other persons, not just heirs. Although the heirs retain the right to challenge the will in court, in which it is necessary to prove the fact of relationship with the testator. How to prove relationship?

If the inheritance by will passes to the children, then, as a rule, problems with kinship do not arise.

1. Fundamentals of the legislation of the Russian Federation on notaries.
2. Recommendations of the Federal Notary Chamber.
3. Orders of the Ministry of Justice of the Russian Federation regarding notarial activities.
4. Section V, Part 3 of the Civil Code of the Russian Federation (inheritance law).

How to prove family relations to a notary

Proof of relationship for subsequent heirs

Tips for confirming relationship

After a long period of time, not all data may be retained. If it was not possible to obtain the necessary documents when contacting the archives, and there is insufficient evidence, then the issue is resolved in court. An application for establishing a family relationship is submitted at your place of residence. Attach to it a certificate from the place of residence of a relative, a copy of his death certificate, a certificate of acceptance of your inheritance from a notary, if possible, it is advisable to attach a genealogical table confirming the relationship between mother, father, sister or brother. Once the court accepts the case, it is best to continue collecting evidence of the relationship.

Written evidence and witness statements are also integral elements of proof of relationship. It is better to interview different people for testimony. The most valuable are common relatives. Then come other relatives, friends, neighbors and others.

Through the court, you can file a petition to obtain documents from various institutions that are not possible to obtain on your own. Such authorities include, for example, passport and visa services or housing authorities.

Such evidence may include a copy of a personal account, an extract from the house register, an owner’s card, information and documents on obtaining and replacing a passport. Documents from the place of work are questionnaires, autobiographies, in which employees indicate their relatives.

Confirming and establishing family relationships is not as easy as it seems at first glance.

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How to prove kinship when inheriting real estate in 2023

Proving kinship when entering into an inheritance is necessary not only when the matter comes to court. When preparing documents, you must prove the presence of family ties. The procedure for confirming kinship for inheritance is a fundamental factor in determining ownership of property and assigning a share. Depending on this, the order of applicants for acceptance of the inherited property is determined.

Inheritance procedure and documents

There are two options for the development of events, which differ in the reason to prove that you can be considered an heir. The first is when confirmation of kinship is required for inheritance received under a will. In this case, the most important factor is proof that the applicant is the same citizen who is indicated in the document as the heir.

If there is a written expression of will, the rights of all other applicants are considered void. At the same time, do not forget about the need to allocate a mandatory share. This is the part of the property that is due to the child. But he, or rather, his guardian, will have to present papers that are evidence of the family relationship of the heir to the testator.

An inheritance case is initiated by submitting an application to a notary. Establishing the facts of a family relationship for accepting an inheritance is an obligatory part of the procedure that follows. Having analyzed the papers and established their authenticity, relevance and validity, the notary issues a certificate indicating:

• what inheritance is passed on;
• when entry becomes a fact;
• what monetary equivalent is the share;
• date of application;
• list of evidentiary documents.

To initiate legal proceedings in an inheritance case on entry into inheritance rights, statements of claim are filed to establish kinship.

The relationship and connections between the heir and the testator are determined in court. Inheritance is entered into on the basis of a court ruling issued at the end of the proceedings.

The conditions specified in the judge's decision are instructions for all participants in the process.

Documents confirming family relations with the deceased

When accepting valuables and real estate as an inheritance, it is necessary to prove the presence of a genealogical connection (kinship). Entering into an inheritance does not always imply that the parties to the transaction are relatives if the transfer of property is made on the basis of a will. Any subject can be an heir, regardless of the degree and presence of relationship. But every argument will have to be proven.

To enter into the rights of a receiver of inherited property, you will need to confirm family ties when entering into inheritance according to the law. Legal order - a procedure when there is no written expression of will, and the queues determined by law come into force:

1. Direct first-degree relatives.
2. Brother, sister, nephews, grandmother, grandfather.
3. Uncles and aunts of the testator.
4. Parents grandparents.
5. Cousins, mom and dad's parents.
6. Great-grandparents.
7. Great-grandchildren, great uncle or aunt.
8. Other subjects.

In each case, a different set of documents is required to prove legality.

You need to contact various authorities, and the further the relative is in the family tree, the more difficult it is to prove the relationship.

But when entering into an inheritance, the main paperwork is the death certificate and identification card. For the closest relatives, this is enough to formalize rights to property and prove kinship.

Certificate

To enter into an inheritance, all relatives of the deceased are required to provide an official document confirming the death of the testator. To do this, contact the registry office.

Information about birth, marriage, divorce and death is stored in the archive. Upon request, a document is issued, which is presented to a notary office or court, depending on the situation.

The cause of death is indicated in the appropriate column, but it does not matter when dividing the inherited property.

If necessary, the time of death is set for entry. There are cases when people die, for example, as a result of a car accident. In this situation, when it is impossible to accurately determine the order of death, the order of inheritance is established according to the degree of relationship.

Identification

The list of documents required to enter into inheritance includes the applicant’s civil passport. If a document is expired, it is not considered as such.

To prove the legitimacy of the claims, before entering into an inheritance you will have to go to the passport office, submit an application, and wait. This needs to be taken care of in advance.

No additional identification is required to prove your point. Citizenship and residence permit do not matter.

Restoring lost documents confirming relationship

Among the possible complications, the most common is the loss of documents. It will not be possible to prove the existence of a relationship in words when entering into an inheritance. The notary and the judge operate only with documentation drawn up in accordance with the requirements of the law. In such cases contact:

1. To the passport office for passport renewal, for certificates and extracts.
2. To the Housing Office for extracts at the place of residence of the testator with a list of family members.
3. To the registry office to obtain duplicates of birth, marriage, and death certificates.

Each procedure requires payment of a state fee. But there is no other way to prove kinship and complete the inheritance procedure.

Genetic testing

There are many cases in legal practice when it is impossible to document the existence of family relationships. If there is a child who is not registered in this capacity at the registry office upon registration, then a DNA test will have to be done. Modern technologies make it possible to accurately prove blood relationship. There are specialized centers for this.

This is necessary to go to court. You can enter into an inheritance through a notary without having to prove genealogical overlap. In the absence of a will, to prove the relationship, you have to go to court.

When there is no documentary basis, the judge orders a genetic examination. The main condition is the ability to take and compare source materials.

The issued conclusion contains all the necessary information about the degree of relationship, on the basis of which you can reinstate yourself in the queue for inheritance.

How to establish the degree of relationship through court

Conflicts often arise between relatives (it is necessary to prove the legality of inheritance), which can be resolved through litigation. To initiate it, a claim is filed. It indicates that it is necessary to prove kinship in order to enter into inheritance rights. To contact the judicial authorities, you need to prepare:

1. Collect documents. If you need the help of a lawyer at this stage, call us. The main thing is that the documentation package is sufficient and all papers have legal force.
2. File a claim. Here you will also need the help of lawyers over the phone. There is no unified form, but forms and samples that are freely available on the Internet will be of help.
3. File a claim for entry mentioning the desire to prove what is right. In this case, you will have to pay a state fee. The matter of entering into an inheritance requires costs. The same applies to cases where it is necessary to prove relationship in the process.

Based on the results of the intervention hearing, the judge examines the evidence provided and decides whether the plaintiff can be considered to have proven the case. The result of the process is a court ruling. It indicates that it was possible to prove the relationship, and also mentions who can enter into inheritance and under what conditions.

The statement of claim for entry is the main document. It has a header that indicates the name of the court, the surname of the heir, the date of birth of the heir, etc.

Below is the title, and below it the text, which can be schematically divided into the following parts:

1. Informative . Reveals the background, indicates the grounds confirmed by specific articles of the Civil and Family Code.
2. Reasonable . Contains information about the grounds for proving relationship. All tribes of the clan connecting the heir and the testator are listed.
3. Demanding . This is a request to establish justice and legality. Entering into an inheritance is part of the petition, and it is necessary to determine the value of the inherited property.
4. Evidence-based . This is a list of documents that are evidence in the case, which confirm the existence of family ties and the right to inherit. You can prove something only on the basis of legally correctly executed documents.

When receiving a house or apartment as an inheritance, you must provide additional documentation about the cost, condition, and location. If the claim is filed by the heir of the first priority, the cost does not matter much. Otherwise, you will have to pay the cash equivalent of shares if it is impossible to divide the inheritance in kind.

It's not just real estate that is being divided. You can receive the deceased's pension, savings, valuable personal items, car, etc. The division is made based on the market value of the property at the time of going to court.

Proving relationship is not enough. Entering into a shared inheritance requires an expert assessment of the price of the object in dispute.

The judge will divide the property of the deceased between the claimants based on the amount of money that can be raised from the sale of valuables.

Judicial practice shows that sometimes circumstances arise as a result of which it is necessary to provide additional arguments to the court. Petitions are submitted.

To prove kinship, you often have to resort to going to the archives, ordering examinations, etc.

The judge, after listening to the arguments of the parties, issues an appropriate resolution, sets deadlines and sets the date for the next hearing.

How to prove relationship with sister, brother, father, mother

We are talking about the first-priority heirs. However, you will have to prove your relationship in order to formalize your inheritance. This procedure is simple. It is enough to bring a passport, copies of passports of living relatives, and a death certificate of the deceased. If the child is not officially a descendant (the relationship has not been established), modern technologies make it possible to perform a DNA analysis and prove the relationship at the genetic level. But it is expensive, and the procedure for each case is different.

With sister or brother

The parents are indicated on the birth certificate. When the same persons are the father and mother of both subjects, it is not difficult to prove the relationship. Otherwise, you will have to resort to medical methods to determine blood ties. The service is paid. Remember that unofficial descendants are not legal successors when entering into inheritance. Relationship must be proven in court.

With father and mother

The parents are indicated on the birth certificate, and their passports have a stamp and a record of the presence of children is made.

You can contact the registry office and passport office to obtain duplicates of these documents to prove your relationship. The papers have legal force and are accepted by judges as conclusive evidence.

Persons who have been adopted act in the same sequence before filing a claim.

With grandma or grandpa

Here, the procedure for obtaining an inheritance and proving kinship is somewhat more complicated. More documentation will be required. All lost links are restored in the appropriate authorities. The task is to find out the availability and compare the data of passports and certificates:

• birth for minor heirs;
• death if relatives have already died.

Passports are presented by living citizens. Otherwise, to prove relationship, the procedure is similar. It all depends on whether there is a will. Otherwise, entry into inheritance is carried out by decision of the court. The process must be initiated within six months after the death of the testator.

Establishing relationship through court

How to prove kinship with a deceased relative - what documents confirm this?

Legal facts are inextricably linked with the collection of documentation. Citizens have to prove even the most obvious information with a piece of paper. Especially when it comes to property processes. If you decide to transfer an apartment to your close relative, then you will also need documents confirming the relationship when donating.

Citizens who are faced with the process of proving blood ties have questions about how to prove kinship with the deceased if there are no documents for the cemetery, what documents are needed to confirm kinship with aunts, grandparents, and cousins. In order not to waste time during the legal case, we suggest that you find the answers to these questions in the article.

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When may proof of relationship be needed?

Most often, citizens begin to worry about documents confirming kinship with a deceased relative after the opening of the inheritance process. Establishing kinship is a mandatory procedure when obtaining a certificate of rights to a property share from a notary.

But it is required only for legal inheritance . Since the will can indicate not only relatives, but also acquaintances (and even strangers), proof of the fact of kinship is eliminated if we are not talking about obligatory legal successors in accordance with Art. 1149 of the Civil Code of the Russian Federation “The right to an obligatory share in the inheritance.”

A document indicating a relationship with a person may be useful in the following cases :

1. In case of loan debt that was transferred to you by mistake due to incorrectly recorded family ties. In this case, the document will help get rid of the imposed burden.
2. When creating a gift agreement for property (movable or immovable). If the recipient is not a relative of the donor, then he will have to pay a tax in the amount of 13% of the value of the gift object.
3. When collecting alimony.
4. When immigrating to confirm your nationality.

Who is the relationship usually established with?

In the inheritance process by law (not by will), according to Art. 72 of the Fundamentals of Legislation on Notaries “Conditions for issuing a certificate of the right to inheritance by law”, all citizens who have declared their intentions to accept the inheritance of a deceased relative must present evidence of relationship to the notary.

Lack of evidence leads to their exclusion from inheritance.

Note : Spouses are related not by kinship, but by family-legal ties.

According to Art. 1142-1145 of Chapter 63 “Inheritance by Law” of the Civil Code of the Russian Federation, kinship in order of priority is established by people who have not only a close degree of kinship with the deceased. In addition to children, parents and spouses (primary successors), the following can receive a share :

• full and half brothers and sisters of the testator, his grandparents - second priority;
• uncle and aunt of the deceased - third;
• ancestors - fourth;
• cousins, grandparents - fifth;
• great-great-grandchildren, uncles and aunts - sixth;
• stepsons, stepdaughters, stepfather and stepmother of the deceased - the seventh.

If there is a testamentary document, the notary (according to clause 27 of the Recommendations, approved by the Decision of the FNP Board of February 27-28, 2007, Protocol No. 02/07) has the right to request documents on kinship from applicant relatives. But if the heirs do not have them, the notary will still issue a certificate of rights to the valuables.

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What documents confirm the relationship?

Documents confirming kinship include the following acts of civil status :

• certificates of birth, marriage, change of surname;
• an extract from the registry office archive about the relationship (it is issued only if it is in a specific archive).

But how can you confirm your relationship with the deceased if there are no listed documents? If there is no certificate in the archive, you can request the establishment of proof of relationship in court (Part 2 of Article 264 of the Code of Civil Procedure “Cases on establishing facts of legal significance”).

If the decision is made in favor of the citizen , he will be given a court decision, the original of which will be sufficient evidence.

Advice . If the registry office archives do not contain the necessary certificates, go to the departmental and historical archives at the place of residence and birth of your relatives.

In some situations, the following may serve as supporting documents :

• extracts on marital status issued at the place of work or residence;
• notes in the passport about children, husband or wife;
• certificates of granting a survivor's pension issued by social security authorities;
• witness statements;
• family videos, photos, letters, etc.

They are accepted if, together with other documents, they sufficiently confirm a blood or family-legal relationship (clause 31 of the Methodological Recommendations for Performing Certain Types of Notarial Actions, approved by Order of the Ministry of Justice of Russia No. 91).

Confirmation of blood ties with the child

The mother or father will need the originals of the child's birth certificate (which contains information about the mother and father) and the parent's passport to confirm his identity. No other documents are required.

Confirmation of blood ties with mother or father

It is usually sufficient to present a birth certificate , since it usually indicates the parents. The parent's birth certificate is attached to it.

If a relative changed his last name , and in the listed documents it does not coincide with the actual one, attach a certificate of change of last name or marriage, if it was the reason.

If you do not have a parental birth certificate and government authorities cannot find it in the archives, then there is only one solution: going to court. During the trial, other archives will be brought up, a genetic examination will be conducted, or other evidence of kinship will be established.

What to do if you and your mother or father have different surnames

The reason for the difference in surnames may be adoption, marriage, or one’s own desire to change the name. In any of the above cases, you will need a document indicating the reasons for the changes (marriage certificate, name change, etc.).

If the reason for changing the surname was marriage , but by now the spouses have already divorced, the person should contact the registry office at the place where the marriage was registered. An application is written there requesting the issuance of a document reflecting the change of surname due to marriage.

How to confirm your relationship with your grandparents

The grandchildren need to restore the family chain. Documents confirming relationship with grandmother or grandfather :

• your parent's birth certificate;
• parent's marriage certificate (if paternal grandfather, then father's certificate);
• your birth certificate indicating the parent on whose side you are collecting documents;
• your marriage certificate, if available.

If the parent is not alive , then you should take a death certificate from the registry office.

What to do if a grandparent passes away

In such circumstances, grandchildren apply to the court with an application to restore family ties. During the case, they will ask for a package of documents: a marriage certificate of grandparents and the last three documents from the list given in the previous paragraph.

Confirmation of relationship with great-aunts/grandfathers after their death

Usually such a need arises in the inheritance process.

To prove a blood connection with such distant relatives and receive a share in the inheritance, it is necessary to present to the notary a birth certificate of a relative and a death certificate of a great-uncle/grandmother. Documents can be obtained from the registration authorities at the place of residence of these relatives.

Note : In some cases, a notary may accept for confirmation a certificate from the registry office about the relationship between a cousin's granddaughter and grandmother, a certificate from social services. protection for the assignment of a pension, etc.

If there are no certificates from the citizen registration authorities, contact the archive at the place of birth of your cousin . If the case is not successful here, then contact the court at your place of residence with a request to confirm blood ties.

Proof of relationship with brothers/sisters

The main document confirming relationship with a brother or sister is a birth certificate . During the inheritance process, to confirm ties with full- and half-blood relatives, you need to bring your and the deceased’s birth certificate (or adoption certificate) to the notary.

Other evidence may include family photos, videos, marks in parents’ passports, etc.

Confirmation of family ties with aunt/uncle

Nephews may need to prove their relationship with a sister or brother of their mother or father. For example, they may become the next heirs called to receive property. If you confirm your relationship with your aunt, you need to bring the following package of papers to the notary :

• birth certificate;
• marriage certificate of the applicant's mother and aunt - these documents will only be required if the mother or aunt changed their surnames;
• birth certificates of mother and aunt;
• marriage certificate between grandparents, since their children are your mother/father and aunt (this document is submitted only upon request of a notary).

The absence of certificates from nephews does not deprive them of the opportunity to receive an inheritance . You can always go to court to restore the family chain.

Conclusion

The most common reason for collecting and presenting documents confirming family ties with a person is the opening of an inheritance. The presence of a will by the deceased relieves his relatives-successors from the need to prove their relationship to a notary. But inheritance by law is inextricably linked with family ties.

To prove the relationship, a list of documents has been defined. This list may change in each individual case. For example, a document confirming the relationship between mother and child - a birth certificate. If there are errors and shortcomings in the system for confirming family ties, you can go to court to obtain confirmation of communication with a relative.

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Establishing family relationships: who is related to whom

Among all the variety of family relationships, it is easy to get lost and confused. However, these are the ones that sometimes have to be established and documented. Such relationships seem established and easy to establish. However, in some cases this is not so easy.

Relatives: who is related to whom

In order to correctly determine the presence of family relationships, it is imperative to know what kind of relationships exist, by what degree of closeness they are determined, and what they are called. So, kinship can be differentiated according to several criteria.

By blood:

• mother, father - persons who are parents;
• grandmother, grandfather - mother and father of each parent;
• great-grandmother (great-grandfather) - mother (father) of the grandmother or grandfather on both sides;
• sister, brother - each of the daughters (sons) of the same parents;
• grandson, granddaughter - daughter (son) of a son or daughter or nephew (s);
• uncle, aunt - brother (sister) of father or mother, as well as husband (wife) of uncle (aunt);
• nephew (ca) – son (daughter) of a brother or sister.

The closest and most often defined degrees of family relationships are given. Family ties can exist between people who are more distant in degree.

By degree of relationship:

• native - directly related, from the same parents;
• cousin - coming from the second generation, second degree of kinship;
• grandson, second cousin - from the third generation, etc.

By relationship resulting from marriage:

• husband, wife - persons who have entered into marriage with each other, spouses;
• widow, widower - husband or wife after the death of the second spouse;
• brother-in-law, sister-in-law - brother, sister of the husband;
• son-in-law, daughter-in-law - daughter's husband or son's wife;
• father-in-law, mother-in-law - husband's father, mother;
• father-in-law, mother-in-law - father, wife's mother;
• brothers-in-law - men married to sisters;
• brother-in-law - wife's brother;
• stepfather, stepmother – mother’s husband or father’s wife who are not the children’s natural parents;
• stepdaughter, stepson - adopted, adopted by non-blood parents.

In addition to relatives by blood and marriage, there are close non-family relationships called spiritual. For example, godmother or godfather. However, such relationships are not family ties.

Thus, family relationships are quite diverse. Most often, it is necessary to establish connections that are closest in terms of degree of relationship. The most common is establishing paternity. In addition, other types of family relationships are proven, especially in the process of inheritance.

Documents confirming family relationships

Regardless of the method of establishing the fact of the existence of a family relationship, the proof is ultimately a certain document. Among such documents are:

• birth or marriage certificates, change of surname, etc. it can directly establish who and who are related to each other. Such documents can serve as evidence of relationship in inheritance, transactions, etc.;
• a certificate from the registry office or archive about the existence of kinship between certain persons. Such a certificate can be issued in case of loss or loss of basic documents and the interested person applies to the registry office or archives. If data on the requested relationship is available, the authority issues a certificate, which is considered evidence;
• court decision in a case establishing the fact of relationship. If it was not possible to restore the documents, and the registry office issued an official refusal, you will have to go to court. After considering all the materials of the case, the court will make a decision. If it is in the direction of recognizing the presence of family relations, it will be evidence of this fact;
• medical examination report. The court has the authority to order an examination, which from a medical point of view will determine the existence of a family relationship. The expert opinion is the basis for the court to make a certain decision. If the parties avoid conducting an examination, this may affect the final decision of the court.

Documents are the main evidence of relationship, however, there are others that are also considered and accepted by the court:

• testimony of witnesses, common relatives. They are used in court and can have a significant impact on the court's decision;
• family photos. Helps establish the existence of family relationships;
• documents confirming relationship indirectly.

So, there are several types of evidence of the existence of family relationships between people. The most important of these are documents. The rest can help in establishing the fact of family ties.

Thus, the mere existence of a family relationship is not a sufficient fact in some cases and when performing certain actions. These relationships need to be confirmed and proven. If certain papers have been preserved, you can use them as evidence.

If they are irretrievably lost, you can try to restore them. If it is impossible to do this, the only thing left to do is go to court. Documents, certificates and other types of evidence are ideal to help you make a decision.

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Establishing a relationship with a deceased testator for registration of inheritance

In our fast-paced age, unfortunately, communication even with loved ones is reduced to a minimum. And long gone are the days when relatives knew each other, figuratively speaking, “up to the seventh generation.”

Times have changed, people have changed, the format of communication between people has changed.

And now we often know nothing not only about our neighbors on the landing, but also about our grandparents, cousins ​​and other distant and not very distant relatives.

However, a moment may come when you will have to not only remember your relatives, but also find out what documents are needed to confirm family ties with them. Such a moment may arise in connection with inheritance under the law.

In this article on our website we will tell you what you need to know about evidence of family ties, by what means and methods they are proven, what documents are needed to establish a relationship with a deceased testator to register an inheritance, and also in what cases it is necessary to go to court to confirm the relationship .

In any case, registration of an inheritance should begin with a visit to a notary’s office. It is quite possible that a notary, having checked the submitted documents, will conclude that they are not enough to establish a relationship with the testator, refuse to accept the application for inheritance and advise you to go to court to confirm the relationship with the deceased owner of the property.

It must be borne in mind that the notary’s advice in this case is advisory in nature and he is obliged to accept the application. Having received a decisive refusal, the application for inheritance must be sent to the notary by registered mail with acknowledgment of delivery. The signature of the applicant for inheritance in the application must be notarized.

This is necessary in order not to miss the deadline for entering into inheritance. Collecting missing documents and going to court may well go beyond the six-month period established by law. And then you will have to go to court with an application to restore the deadlines for accepting the inheritance.

Evidence of family relationships: what you need to know about them

When establishing family relationships, the following documents are of primary importance, which can be divided into 2 groups.

1. The first group includes documents confirming origin: birth certificates, recognition of paternity (in the case of a child born outside of an officially registered marriage), court decisions on adoption.

2. The second group includes documents that confirm the change of surname, name, patronymic: certificates of change of name (this document indicates a change not only of the name, but also of the surname and patronymic), of marriage and divorce.

• The bulk of these documents are issued by the civil registry office, with the exception of court decisions, which are issued by the courts that considered the relevant cases.
• Proof of family ties is of paramount importance when registering an inheritance in the case of inheritance by law, which involves accepting the inheritance in the order of priority.
• The right to an obligatory share in the inheritance presupposes the presence of close family ties and in order to obtain it, documents confirming the relationship with the testator are also required.

The order of succession according to law

Mandatory share in inheritance

Procedure for confirming relationship with a deceased testator

To confirm family ties with the deceased owner of the property, the heir must collect all the documents he has, which, from his point of view, are direct or indirect confirmation of his family ties with the testator.

Having assessed the collected evidence and determined which of them are missing, you need to contact the registry office to request the necessary documents. It is necessary to contact the registry office department where, according to the information available to the heir, the specified information may be located.

If this department is located in the place of residence of the heir, it is advisable to apply there personally with an application for the issuance of duplicates of the required documents. If the civil registry office is located in another city or district and personal application is problematic, you can send an application there by mail.

If the required information is found, the requested registry office department sends its response with the necessary documents attached to the registry office department at the place of residence of the heir, about which it sends him a message and offers to receive the necessary documents there, having previously paid the state fee. If the requested information is not available, a message about this is sent to the applicant personally.

If applications to the civil registry office are successful and all documents confirming the relationship between the heir and the testator are available, they are provided to the notary at the place where the inheritance case was opened. At this stage, the establishment of family ties for registration of inheritance ends.

1. But in real life, not everything is so smooth and it may happen that the measures taken by the applicant to request the necessary documents did not give a positive result and there is no information to confirm the family relationship with the testator.
2. There is a need for the next stage of confirming family ties - going to court.
3. We will talk in detail about the procedure for considering cases to establish family relationships in court in the next article on our website.

Confirmation of family ties with the deceased testator through the court

Documents required to confirm family ties

In each specific case of registering an inheritance based on family ties, it is necessary to provide a certain set of documents that confirms these ties.

And the further the relationship, the more extensive the list of supporting documents. Family relationships along the female line also contribute to the increase in this list, because

In our country, the generally accepted rule is for a woman to change her surname upon marriage.

Citizen Turova (maiden name Sokolskaya) Alexandra Mikhailovna is the granddaughter of citizen Zinaida Egorovna Silina, who died on January 21, 2015. Mother of Turova A.M.

– Sokolskaya Nina Fedorovna was the natural daughter of Silina Z.E. and predeceased her mother on August 18, 2008. To inherit the granddaughter of Turova A.M. after his grandmother – Silina Z.E.

it is necessary to submit documents confirming the relationship between the granddaughter and grandmother.

Such documents are:

• birth certificate of Turova A.M. (the certificate indicates the surname of Turova A.M. before marriage - Sokolskaya, as well as information about the mother - Sokolskaya N.F.);
• marriage certificate of Turova A.M. (the certificate indicates her surname before marriage and confirms the change of surname from Sokolskaya to Turova);
• marriage certificate of Sokolskaya N.F. (confirms the change of surname from Silina to Sokolskaya);
• birth certificate of Silina N.F. (the certificate contains information about her mother, Z.E. Silina).

The family connection between the granddaughter of Turova A.M. and grandmother Silina Z.E. proven by the above documents.

Establishing family relations between the testator and the heir is necessary for registering an inheritance according to the law; when inheriting by will, these issues are not relevant. The testator can indicate any person in his order and the degree of relationship does not matter to him.

How to confirm your relationship with your sister - help from a lawyer

In some cases, the deceased's brothers, sisters, and grandparents inherit property. In this material, we will figure out in which case inheritance moves to the second stage, how to confirm kinship with a sister or brother, and in what situation you will need the help of a lawyer in Moscow.

Primary heirs

The legislation determines that the inheritance is transferred either to the persons to whom the will is made, or to close members of his family. These include:

In some situations, the first priority applicants include the grandchildren of the testator. They can claim their rights instead of their parents. But the heir established in turn must die by the time the inheritance is opened.

The estate is divided equally among the first-priority heirs. The only exceptions are grandchildren, who share the share due to their deceased parent. If there is at least 1 direct heir, the heirs of the second stage do not receive anything.

After all, if the representative of the first line of inheritance does not have to divide the inheritance, then he inherits it in full. But in certain situations, the right to a share in the inheritance passes to representatives of the next line. These include parents' parents and brothers (sisters).

Children of brothers (sisters) inherit if their parents die before the opening of the inheritance.

In what case does the second line inherit?

Heirs of the 2nd stage have every right to assert their claims in several cases.

• the heir under the will decided to refuse inheritance, but there are no primary heirs, or they abandoned the property of the deceased;
• there are no priority claimants, or they have renounced their claims upon inheritance by law;
• the heir under the will is recognized as unworthy, there are no direct heirs or they refused to enter into the inheritance;
• the heir of the first stage is recognized as unworthy by law, there are no other heirs of the first stage.

That is, the main condition is the absence or refusal of applicants from the previous line of inheritance. But to claim his rights, the heir will have to confirm the relationship and its degree.

How is relationship confirmed?

To confirm the relationship, the heir must provide certain documents to the notary office where the inheritance case is opened (or should be opened). These include:

• documents confirming the relationship of sisters (brothers) – birth certificate (your own and the deceased testator’s);
• documents confirming the relationship of grandparents - birth certificates of the testator's parents, the testator himself;
• documents confirming the relationship of nephews (nieces) - birth certificates of their deceased parent and testator.

But in addition to confirming the relationship, you will also need some other papers. In particular, if there was a change in last name (first name), a certificate of name change or a marriage certificate will be required.

If the inheritance is in the order of representation by the testator's nephews and nieces (grandsons, granddaughters), then a death certificate of the deceased parent will be required.

Adoption papers will be required for adopted children.

In most cases, a document confirming the relationship with a brother (sister, grandson, uncle or aunt) is available to the heir. If you cannot find the required paper, you will have to obtain it in the prescribed manner.

How to prepare papers

Documents confirming relationship are issued by the civil registry office. An interested person may request a duplicate (i.e., a duplicate document) from the territorial authority. You should contact the registry office in which the civil status was registered (birth, death, marriage, adoption).

If such a “branch” is located far away, you can also contact the registry office at your place of residence. In this case, the documents will be transferred within the department. But obtaining a second certificate is not always possible. And instead, the registry office will issue a certificate. For example, if a marriage has already been dissolved, the certificate of its conclusion is not re-issued.

Another obstacle is a complete refusal to issue the required document. This happens most often when nephews who inherit in the order of presentation apply for a duplicate (certificate). Also, a refusal can be issued if the applicant is the brother or sister of the testator. But this rarely happens.

But in the absence of documents confirming the relationship, the notary will not formalize the inheritance. Consequently, the representative of the second line of inheritance will have to prove his right in court.

Judicial ruling

Since kinship is a legally significant fact, it can be certified in court. What documents confirm the relationship of sisters (brothers) in this case? A court decision that will establish the existence of a family relationship.

To establish relationship in court, you will need to file an application (ordinary, not a claim) to the district (interdistrict, city) court at the place of residence of the heir. The application must indicate the reason for establishing the relationship - it must be sufficiently compelling. Inheritance is one of the compelling reasons for establishing a legally significant fact.

The application to the court must be accompanied by:

• facts indicating the presence of relationship;
• a refusal letter from the civil registry office confirming the impossibility of obtaining the necessary information in any other way.

In some cases, the applicant has the right to request a DNA examination. But such an examination can be completed without a court order, but in an accredited laboratory. Courts often accept information tests. But to be sure, it is worth taking a test according to forensic standards.

Don’t quite understand what documents confirm the relationship between brother and sister? Are there difficulties in other situations of inheritance by law? Consult a site lawyer for free by phone or online.

What document confirms relationship with brother?

Brothers and sisters prove their relationship with the birth certificates of the heir and testator, where in the parents column the same persons are indicated (full-blooded) or the same person as the father or mother (half-blooded). These persons inherit equally and in equal shares with all other brothers and sisters, grandparents. Grandparents prove their relationship with the birth certificate of the testator's parent and the birth certificate of the testator himself. Of course, it is necessary to provide a death certificate of the testator's parent and a death certificate of the testator himself. Nephews and nephews inherit in this line, but are called upon to inherit by right of representation, that is, only in the event of the death of their parent - the testator's brother or sister.

Confirmation of kinship for inheritance

Important

• what documents to confirm

Sometimes a situation arises when confirmation of relationship is required. This may be related to property matters, when a person is recognized as an heir by law, with the restoration of family ties, determining tissue compatibility, etc. Instructions 1 Collect and evaluate all the documents at your disposal that directly or indirectly confirm the relationship.

Contact the civil registry office. If, as a result, you have not received the necessary documents, file an application with the court to establish the fact of a family relationship. 2 Proceed in exactly this order. The court considers applications to establish kinship only if this fact cannot be confirmed in any other way. If you did not contact the registry office, therefore, you did not use all the possibilities to solve the problem. The court may refuse to accept the application.

Establishing family relationships: who is related to whom

There are no heirs by right of representation. Children of great-uncles and grandmothers, grandchildren and granddaughters are taken into the sixth line of inheritance. Cousins ​​and granddaughters are the children of nephews, that is, the children of the children of the testator’s sibling. Great grandparents are the brothers and sisters of a grandfather or grandmother, i.e. uncles and aunts of the testator's parent.

Cousins ​​and granddaughters Birth certificate of the testator. Birth certificate of the relevant brother or sister of the testator. Death certificate of the decedent's relevant brother or sister.

Birth certificate of the testator's nephew (father or mother of the heir). Death certificate of the testator's nephew (father or mother of the heir). Birth certificate of the heir. Great-grandparents Birth certificate of the testator. Birth certificate of the testator's parent.

Confirmation of kinship for inheritance - how to prove kinship

Attention Fact of kinship and family relationships. How to prove or confirm relationship. The state very clearly monitors that the inheritance goes only to those persons who have an indisputable right to it. And if the testator did not leave a will, then in accordance with Art. 1141 of the Civil Code, relatives are called upon to inherit. Our services for establishing kinship in court Establishing kinship We can do everything ourselves! The law established 6 degrees of kinship, which are called for inheritance in order of priority. If there are no heirs of a higher degree of relationship, then relatives of the next order can inherit. In the seventh line, non-blood relatives inherit - stepfather and stepmother, stepsons and stepdaughters. In order to confirm to the notary your right to inherit, you must provide appropriate evidence.

How to prove relationship? documents confirming family ties