How and where to submit an application and documents for inheritance

How and where to submit an application and documents for inheritance

Therefore, the question of how to correctly declare the right to enter into inheritance is considered quite relevant and there is no point in postponing its decision.

By will or by legal right

First you need to figure out what kind of heir you will be:

  • according to the last will of the deceased , that is, according to a testamentary document drawn up in advance by him, or
  • according to the rule of order of inheritance within the framework of the law (if the deceased did not leave his will).

The procedure for entering into the right of inheritance after the death of the testator in these cases will not be much different. But there are still some nuances.

According to the testamentary document

How and where to submit an application and documents for inheritance

If the testator indicates a specific share or type of property that is due to each heir, this is how it will be divided. In cases where the testamentary document only indicates the testator's heirs and property, without dividing it into shares among all, then, according to the generally accepted rule, it will be divided in equal parts among all heirs.

A will is not without its pitfalls. The heir needs to be prepared for the fact that his other relatives may claim their rights to the inheritance indicated by the testator. And they will have every right to do so if it is:

  • disabled husband or wife of the deceased,
  • his disabled father or mother,
  • his child is under 18 years of age,
  • another incapacitated or limited dependent.

To do this, they do not even need to go to court; Russian legislation provides for them the right to allocate a mandatory share in the inherited property.

The testamentary will of the deceased can also be appealed by his other relatives, but only through an appeal to a judicial authority. Therefore, the testator under a will needs to make sure that this document is drawn up legally and factually correctly, and that he himself is a worthy recipient of the inheritance.

It is important to know that the will acquires exclusive legal force only after the death of the testator, and before that it can be changed in some part or completely canceled by him at any time without notifying the persons specified in the original text.

By legal right

How and where to submit an application and documents for inheritance

The rule of succession of heirs will apply here. First, the number one heirs are involved in the inheritance - these are the parents, children, husband or wife of the deceased. If the testator does not have any or they have declared a refusal to receive the inherited property, then heirs in order number two (siblings, grandparents) are involved in receiving it. And so on downward.

The peculiarity here is that when declaring his rights to the remaining property, the heir is obliged to present a document that will undoubtedly confirm his relationship, relationship with the deceased or being dependent on him . It is on the basis of this confirmation that the question of which order the applicant is considered an heir is resolved and whether he can count on the right to inherit the property of the deceased.

Within the legislative framework, all the property of the testator is divided equally between the heirs of the same line. We must not forget that the debts or monetary and property obligations of the deceased are also subject to division among all relatives in equal shares, and will subsequently be collected from them.

Where to go

How and where to submit an application and documents for inheritanceAn application for the admissibility of entering into inheritance rights is written to a specific notary office , where an inheritance case is immediately opened under an individual number.

As a general rule, the place where the inheritance is opened is where the deceased was most recently registered or permanently resided.

If he made a will, then you need to contact the notary who keeps it . As a rule, this is also a notary office that is geographically related to the testator’s residence address.

In the case where the place of registration or residence of the deceased is not known, then it would be correct to submit the application at the location of the majority of his property that is subject to inheritance.

Application deadlines

How and where to submit an application and documents for inheritanceRussian legislation defines a clear period during which you can come to a notary and declare your rights to receive an inheritance. This is 6 months from the date the testator died. In 2023, these terms have not changed.

This does not mean that in six months you need to have time to establish all the property that was in the possession of the deceased, resolve all controversial issues and register your rights to the property. It is enough to simply submit an application to the notary office and provide the notary with at least a minimum package of documents confirming the validity of its submission.

In case of violation of the mandatory six-month period, even slightly, the applicant will have to prove his right to such an appeal or the validity of his passage through the courts. Only after receiving a court ruling that you now have the right to declare an inheritance, will you be able to contact a notary to open an inheritance case.

Documentation

How and where to submit an application and documents for inheritanceBefore contacting a notary authority, you need to prepare the necessary and mandatory list of documents . It includes:

  • an application with a request to prepare a certificate of inheritance rights (this is a standard document that will be given to you at a notary’s office),
  • identity passport of the presumptive heir,
  • a document certifying the death of the testator,
  • a document that proves kinship or brotherhood with the deceased, being dependent on him (required for inheritance on the basis of law): birth certificates, marriage certificates, adoption certificates, etc.,
  • will (if any),
  • a certificate from the housing office about the place of residence and registration of the testator at the time of death,
  • documents confirming the fact that the deceased owned property subject to inheritance (in their absence, the notary independently requests them from the relevant authorities),
  • appraisal documents indicating the value and size of the inherited property.

In fact, initially you can come to the notary with the death certificate of the testator, his will (if there is one) and your passport. And he will be obliged to accept your application for inheritance, after which he will explain what documents still need to be submitted.

Certificate of inheritance rights

How and where to submit an application and documents for inheritanceThe procedure for issuing a certificate of the right to inheritance is such that the notary, after identifying all possible heirs, writing their applications for claiming or renouncing the inheritance, receiving and studying all the necessary documents, issues the specified paper.

The period for preparing and issuing the certificate depends entirely on how quickly the notary has all the necessary information confirming and defining the circle of people who have the right to inheritance. That is, it depends on you and me.

Certificates are issued to each heir. It indicates all the property or its shares that the testator can count on.

Based on this certificate, you can contact the registration chamber or the traffic police department (depending on what property was inherited) and register the inherited property as your property.

When do you need to file documents for inheritance?

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First of all, after opening the inheritance, the heir will need to submit an application and collect all the necessary documents.

How and where to submit an application and documents for inheritance

The legislation quite clearly states exactly how this process is required to be carried out. Let us consider the procedure for obtaining an inheritance in more detail.

When should I submit documents for inheritance?

From the point of view of current legislation, the following deadlines are provided:

  • The standard period is six months from the date of death of a citizen or recognition of him as dead by a court decision.
  • In some cases, the period may be three months, in particular we are talking about situations when the heirs of priority priority do not participate in the division of property for some reason. Then for all others the period will be halved.
  • In a situation where the heirs miss the entry deadline. There are two ways out. If this circumstance did not occur for a good reason, then nothing can be done. But if there are good reasons, it will be possible to renew the deadline for submitting documents in court.

Concept of application for inheritance

According to the law, all requests addressed to a notary are drawn up in the form of an application. It is for this reason that all inheritance cases begin with the filing of an appropriate application.

In total, the following types of this document are distinguished:

Necessary documents for inheritance

Naturally, in addition to the application itself, the applicant will also need a package of some papers, in particular these:

  • Passport of the citizen who submits the documents
  • A document certifying the death of the testator; this role can be either a death certificate or a court decision
  • Certificate from the migration service department, which confirms the last place of actual residence and registration
  • Will, if available
  • Documents that confirm the connection of the applicant with the testator, in particular this may be a birth certificate, marriage certificate, etc.
  • Papers for property that are subject to inheritance

Let's celebrate! That in a situation where you don’t have a complete package of documents on hand, you shouldn’t worry. The most important thing is to timely contact the notary’s office with an application. By the way, it is the notary who can suggest a complete package of documents, which may differ in a certain situation.

Where to apply for inheritance?

How and where to submit an application and documents for inheritance

You need to contact a notary who is located at the site of the last registration of the deceased, and you should know some features:

  • After registering the death of a citizen, the notary must open an inheritance case. This should only be done by a specialist who is in charge of the territory where the deceased lived or was registered.
  • In a situation where such a place cannot be reliably established for some reason, then officially the responsibility for opening the inheritance rests with the notary on whose site the largest part of the inherited property is located.
Read also:  Receiving an inheritance after death under a will

Cost of filing documents for inheritance

An important aspect that worries citizens who inherit any property. It is worth familiarizing yourself in detail with all the nuances provided for by law:

  • Contrary to popular belief, the inheritance tax in the Russian Federation has long been abolished. You will only need to pay the state fee.
  • It is worth noting that disabled people of the first and second groups pay only half of the required state duty.
  • Heirs who lived with the testator do not pay the state fee.

In general, the amount of state duty does not have a specific amount; the amount is determined based on two factors:

  • The total value of the property that is subject to inheritance. In this case, the assessment is made taking into account the cadastral or market value.
  • Order of priority. Heirs of the first and second stages must pay 0.3 percent (no more than one hundred thousand rubles). And the heirs of the third and fourth regions pay 0.6 percent (no more than one million rubles).

How to correctly draw up an application for inheritance rights?

How and where to submit an application and documents for inheritance

Naturally, any legal document must be drawn up according to certain rules and taking into account certain features. In the case of such a statement, there are no difficulties, but some points are still worth considering in more detail.

What must be included in the application?

The document must contain the following information:

  • Information about the notary office to which the citizen applied
  • Applicant's passport details
  • Statement title

The main text of the document should contain:

  • Full name of the testator
  • Data on the birth and death of the testator
  • Place of registration or actual residence at the time of death
  • On what basis does a citizen claim an inheritance, for example, it could be a family connection with the deceased
  • Information about property that is inherited
  • The fact of the presence or absence of other heirs

It is also mandatory to indicate:

  • The will of the applicant is, in particular, to enter into an inheritance and obtain a certificate
  • Date of submission of the notary document and signature of the applicant

Application for acceptance of inheritance - sample

As an example, you can use the sample application below:

How and where to submit an application and documents for inheritance

Entering into an inheritance is a responsible process that must be treated with maximum attention. Submitting the correct application actually starts the receipt process.

You can draw up an application either independently or with the help of a lawyer. A notary, whom a citizen will contact to submit documents, can also help with the correct preparation of an application.

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Submitting documents for registration of inheritance - deadlines and procedure Link to main publication How and where to submit an application and documents for inheritance How and where to submit an application and documents for inheritance

How and where to submit an application and documents for inheritance

How and where to submit an application and documents for inheritanceObtaining inherited property is a rather labor-intensive process, and the first thing heirs need to know in order to enter into their inheritance rights without any problems or legal violations is how to apply for an inheritance, because it is with this document that the procedure for registering the property that the testator left begins to his successors after death.

How to resolve this issue and what pitfalls the heir can expect when entering into an inheritance will be discussed in detail below.

Legally or by will

First of all, the heir must understand how the inherited property will be transferred to him:

  1. Based on the last will of the deceased according to the testamentary act.
  2. Legally, taking into account hereditary order.

Each of the above methods of inheritance has its own nuances, which should be understood in more detail.

How and where to submit an application and documents for inheritance

When the testator specifies the share or certain property that is due to each of the heirs, it will be divided according to his will. However, if just heirs are indicated, but their shares are not present, then the inherited property will be divided equally.

This situation also has its own nuances. The heir must be prepared for the fact that other successors may also claim their inheritance rights.

These rights belong to:

  1. Disabled spouse of the deceased;
  2. Disabled parents;
  3. Minor child;
  4. Incapacitated dependents.

To claim their rights to inherited property, they must go to court. In Russia, for this category of persons, the allocation of their obligatory part in the property bequeathed by the testator is provided.

Other relatives can also appeal the will of the deceased testator.

That is why, in order not to lose the inheritance, the heir must make sure that the document is drawn up correctly and that the notary or court has no grounds for recognizing him as an unworthy successor.

Legally

How and where to submit an application and documents for inheritance

The main nuance in this method of entering into inheritance is that the heir must confirm that he is a relative of the deceased testator or his dependent. Based on these facts, it will be considered to which circle of priority the receiver belongs and whether he can receive the right to inherit.

According to the law, all property left by the testator will be divided among heirs of the same circle of succession in equal shares.

It should also be taken into account that all debts and property obligations that the testator had during his lifetime, along with the property, will also be divided among the successors.

Package of documents

After opening the inheritance case, within six months, the heir must contact the notary office at the place of residence of the deceased testator and provide the notary with a list of the following documents submitted:

  • statement of consent to inheritance;
  • passport;
  • death certificate of the testator;
  • documents confirming family ties between the beneficiary and the testator;
  • a document confirming that the recipient is a dependent of the testator (for dependents);
  • testamentary act, if present;
  • a certificate of residence and registration of the deceased testator;
  • papers confirming the property rights of the testator to the property that will be inherited by his successors.
  • documents establishing the market value of the property and the size of the property that will be inherited.

You can come to a notary's office with only the death certificate of the testator, a testamentary instrument, if available, a passport and an application for acceptance of the inheritance. The notary will accept all these papers and inform you about which ones still need to be submitted.

How and where to submit an application and documents for inheritance

To register inheritance rights, a specialist at a notary office should provide a certain set of documents. But if they are not there, the heir must know where to get them.

This list of papers is presented:

  1. Certificate of death of the testator. The basis for opening an inheritance case is the death of the testator, therefore, if there is no death certificate for this person, then the notary will not be able to perform this notarial act. You can obtain a copy of this document at the registry office by applying there with an application and a receipt for payment of the state fee. To confirm interest in the document, the heir must provide a notarial request.
  2. Documents for real estate. To inherit a plot of land, a house or an apartment, the heir must provide evidence that the deceased testator was the owner of this property. If this document is not available, then you should contact Rosreestr by writing an application and paying the necessary tax fees.
  3. Documents for bank accounts. You can confirm the presence of a deposit in a bank using a credit or debit card, agreements with a banking institution or a savings book. If the receiver does not have these documents, he can ask the notary office employee to send a request to the required bank, as a result of which the banking institution will provide the necessary data and papers.
  4. Papers confirming the presence of a part of the deceased testator in the capital of a business partnership. Such papers are represented by the charter of the partnership, an extract from the list of citizens participating in it, and an extract from the state register of legal entities. You should also provide a document that confirms the value of the deceased’s share in the authorized capital of the partnership. The heir can obtain an extract from the state register from the tax office, having previously provided a receipt for payment of tax fees. The remaining papers can be obtained based on a judicial or notarial request. The main feature of inheriting a share of the authorized capital is that the recipient becomes the owner not of the part itself, but of its material equivalent. If the charter of the partnership prohibits the transfer of the property rights of the testator to his successors, then the latter will receive monetary compensation in the amount of the value of the deceased’s share.
  5. Documents confirming family ties. If the heir does not have the opportunity to provide such evidence, it can be obtained on the basis of a judicial or notarial request sent to the registry office.

After collecting the necessary documents, you should contact a notary with them, supporting them with a statement of consent to accept the property bequeathed by the deceased testator.

How to register an inheritance while in another city

According to Article No. 1153 of the Civil Code of the Russian Federation, there are two ways to register an inheritance in another city, which are presented:

  1. By submitting an application to a notary office that deals with inheritance matters by mail. If the heir does not have the opportunity to travel to another city, the heir can visit the notary office at his place of residence, certify the application for acceptance of inheritance rights and send this document in the form of a registered letter with notification of its receipt.
  2. Carrying out the procedure with the help of a trusted person. If the heir himself is unable to travel to the place where the inheritance was opened, he can delegate the necessary powers to his authorized representative. For this purpose, he must write a power of attorney and have it notarized. With the help of this document, the heir's representative will be able not only to submit an application for inherited property, but also to resolve a number of other issues for which the heir has given him authority.

The second method is used most often, as it allows the trustee to deal with the issue relating to the inherited property on behalf of the recipient.

How and where to submit an application and documents for inheritance

The production and issuance of the certificate will depend on the efficiency of the heirs and on how quickly they present all the necessary documents to the notary office employee.

Read also:  For what period can you apply for alimony?

Each heir receives his own copy of the certificate, which contains information about the property he inherited. Having this document in hand, the heir can begin to register proprietary rights to the received inheritance.

Last changes

In 2023, there are no significant changes in legislation on this issue.
Our experts monitor all changes in legislation to provide you with reliable information.

How and where to submit an application and documents for inheritance

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When a loved one dies, the heirs not only have to mourn him, but also decide the future of the property that was in the possession of the deceased.

This is not an easy task, which can be complicated by interpersonal conflicts between beneficiaries and the lack of any documents necessary to enter into rights. Benefits can be bequeathed to the deceased themselves or alienated in favor of legal successors.

One way or another, the main stage on the path to registering assets as property is creating an application and submitting it to a notary. So, how to apply for an inheritance correctly?

Transfer of assets by order

The text of the order may indicate any recipients of benefits. They can become not only relatives of the deceased, but also strangers, third parties. If the provisions of the paper provide for the presence of one successor, then everything will be transferred to him. Otherwise, values ​​are redistributed among citizens in equal proportions or according to the shares indicated in the document.

Sometimes problems arise due to the fact that the order does not provide for persons who have the right to an obligatory share in the inheritance. These include the disabled: spouse; parents; child; other dependents.

How and where to submit an application and documents for inheritance

These citizens have the right to defend their claims to receive valuables in court. If the status is confirmed by the authority, then the person who was dependent on the deceased will acquire half of the share of assets that would be due to him by law. Therefore, it is important to reflect all the nuances in the text of the order. In this case, it is almost impossible to invalidate.

Legal grounds

Legal successors can inherit the property of the deceased in order of priority. This happens in the absence of an order issued by a relative. The procedure for alienation of property depends on which group the citizen falls into.

First, all property is redistributed among the priority applicants (parents, children, spouses).

Then, if the main successors are absent or deliberately refused to enter into the inheritance, the turn passes to brothers (sisters), grandparents, and so on.

Important! The main document that gives a person the opportunity to agree to receive valuables is an act confirming the connection with the deceased. This could be a birth certificate or a certificate of an official union.

According to the current legislation, the benefits left by the testator are divided equally between the heirs of the same group. It is worth noting that in addition to the assets of the deceased, the successors also receive the associated liabilities. Debts cannot be waived. This action entails the renunciation of all property due to the citizen.

How to submit an application?

The package of papers is submitted to the notary's office at the last place of registration of the deceased or at the location of his property. The event must take place within the period established by the legal acts. It lasts six months from the date of death of a loved one or recognition as such in court. The notary will request the following acts:

  • application for consent to accept assets;
  • passport;
  • death certificate of the testator;
  • papers confirming the connection with the deceased;
  • a document indicating that a person is dependent on the deceased;
  • will (if any);
  • certificate received at the place of registration of the deceased;
  • papers on the emergence of property rights to objects;
  • assessment reports of independent experts containing the cost parameters of the inheritance mass.

During your first visit to the office, it is not necessary to have all the previously indicated acts with you. It is enough to submit a passport, an application, a copy of the will and a death certificate of a loved one. The remaining papers are delivered upon a second visit to the lawyer according to the list provided by the latter.

Download a sample application for acceptance of inheritance

What to do if the documentation is not collected?

Often, applicants are faced with a situation where a complete package of papers necessary to carry out legally significant actions is not available. In this case, you can register an inheritance after contacting the authorized authorities.

A duplicate of the certificate of death of the will-maker and connection with him can be obtained from the registry office. Before applying, you must pay the fee required by law. In addition, the authority will ask you to submit a notarial request indicating the personal interest of the applicant.

Real estate documents (house, apartment, room, land) are issued by Rosreestr. Documentation confirms the existence of rights to use and dispose of the property. Acts are also received after submitting the application and paying the tax fee.

The situation is different with the inheritance of bank assets. It is easier to obtain information about accounts through the notary who opened the case. At the request of the heir, the lawyer sends a request to the credit institution and receives information about the availability of accounts, savings books and other instruments that were in the possession of the deceased.

When alienating a share in the capital of an organization, you should contact the Federal Tax Service. The agency has access to the state register and has the right to generate extracts from the database. To consider the application, you must pay a fee.

Important! A special feature of obtaining a share in a management company is its final form. So, if the charter prohibits joining the ranks of the company, then the applicant receives a material equivalent equal in value to the part that was owned by the deceased. This compensation is paid in cash or in kind.

Is it possible to carry out actions while living in another locality?

According to Art. No. 1153 of the Civil Code of the Russian Federation, you can submit an application to accept the assets of the deceased remotely. There are two ways to do this.

The first is the submission of papers to the notary's office by mail.

If the heir does not have the opportunity to visit another locality, then he has the right to certify the documentation at the notary office at the place of residence.

After all the notary’s manipulations are completed and payment for his services is completed, the package is sent to the office that opened the case by registered mail with acknowledgment of receipt.

The second, in turn, represents the implementation of legally significant actions by a representative of the interested party. He will act under a notarized power of attorney. In addition to transferring the package of documents, the citizen has the right to perform other actions necessary for the guarantor. It all depends on the content of the power of attorney and its type.

  • Question:
  • When is a certificate of title to inherited property issued and what opportunities does it give the holder?
  • Answer:

The certificate is issued after checking the submitted documents for their accuracy. If the text corresponds to the data available in official sources, the lawyer issues documentation for the right to inherit.

If a person does not want to receive benefits due to the presence of significant encumbrances or for other reasons, then he should write a written refusal. A certificate issued by the office allows heirs to register valuables as personal property.

To do this, you will have to contact the authorized authorities.

How much does it cost to accept property?

The fee for issuing a certificate is 0.3% of the total cost of benefits for first-priority successors. In this case, the payment should not exceed the legally established limit (100 thousand rubles). Distant relatives of the deceased must pay a larger amount equal to 0.6%, but not more than 1 million rubles.

Conclusion

Thus, submitting an application to a notary is an important stage that allows for the alienation of objects acquired by a deceased relative.

The issuance of a certificate, which gives the successor a special status, depends on the literacy of the act. In 2023, there were no changes on this issue.

However, if there are difficulties, the applicant can contact a specialist in the field of inheritance law and receive comprehensive advice.

How and where to submit an application and documents for inheritance?

How and where to submit an application and documents for inheritance

It seems that it is quite simple to receive the property of the deceased, especially if you are a direct heir. You just need to timely declare your claims to the property of the deceased. That is, visit a notary and write an application. However, as practice shows, not everything always goes smoothly. The law establishes that applicants have six months to think, since it does not always make sense to receive the property of the deceased, for example, when he has large debts.

Important! You should come to the notary 6 months in advance and declare your desire to accept the inherited property, and not after this time, since then it will be too late and you may lose what is rightfully yours.

Which notary should I contact?

An application for inheritance can be submitted to any notary you wish, public or private – it doesn’t matter. The main condition is the location: the city or regional center (if it is a village) where the deceased lived.

You must visit the notary in person, he will accept the application and all the necessary documents. If the heir does not have the opportunity to arrive in the region where the deceased lived, then he has the right to send an application with a package of documents by registered mail.

The personal signature on the application must be certified by a notary at the applicant’s place of residence.

It is not at all necessary to bring all the documents on your first visit to the notary. At this moment you only need:

  • heir's passport;
  • death certificate;
  • in the absence of a will, a document confirming the relationship with the testator (to determine which line the applicant belongs to);
  • a will, if there is one;
  • certificate from the place of registration of the testator.

The remaining documents, including title documents, can be presented or sent later.

How is an application made?

Many people ask the question: “How and where can I find out if a will exists?” If the testator lived in Moscow, then everything is simple, since there is a general database of wills, which, by opening it, any notary will be able to give you such information. Regarding other regions, you should find out locally about the availability of such an opportunity.

If you come to a notary, he will help you write an application, but many people prefer to go with a ready-made package of documents. You can download a sample application on the Internet. Mandatory information that must be covered in this document:

  • passport details of the heir;
  • Full name of the notary and office address;
  • Full name of the deceased and dates of his life;
  • place of registration of the testator;
  • degree of relationship between the applicant and the deceased;
  • a list of the testator’s property (as complete as possible);
  • information about other applicants for inheritance;
  • date and signature.
Read also:  Forfeit for alimony, how to collect forfeit for alimony: state duty, statement of claim, judicial practice 2023

It is also worth taking into account the requirements for this document:

  • legible writing;
  • use a ballpoint pen with blue or black ink;
  • competent presentation without errors, erasures and corrections;
  • full writing of all amounts, names, patronymics and names of enterprises (without abbreviations).

Important! The absence of some documents at the first visit to the notary is not a reason to worry, since not all citizens know what papers should be presented and where to get them. The notary will accept from you what you bring and draw up a list of documents that need to be delivered.

Deadlines for submitting an application to a notary

We mentioned earlier that according to the law, a notary should be contacted within six months from the date of death of the testator. However, if there are no closest relatives or they have refused the inheritance, the heirs of the second degree are called upon to inherit it. They have a period of 3 months.

Example. After the death of citizen L., within six months, only the father of the deceased approached the notary, who wrote a waiver of all property. None of the first-line applicants showed up anymore. After this, the deceased’s brother filed an application for inheritance, and it was he who inherited all the remaining property.

Legal assistance in inheritance matters

The natural state of the relatives of a deceased person is grief and suffering, so they do not always immediately remember that they should take care of the inheritance, especially if a will has not been drawn up. In this state, it is difficult to concentrate and clearly carry out all the actions prescribed by law.

You can ask for support from a lawyer at Pravosfera. He will not only help you write the appropriate application and collect the full package of documents necessary to formalize the inheritance. The specialist will ensure that everything is in accordance with the law and will not allow violations by officials.

How and within what time frame can I apply for the right to inheritance and receive a certificate?

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My grandmother died. She had three daughters. One of them is my mother. My mother died six years ago. The direct heirs of my grandmother’s inheritance, which is a three-room apartment in the city center, are her two daughters.

Since my mother is no longer in this world, the rights to her part of the inheritance pass to me. The aunties don’t show me any of my grandmother’s documents, they don’t let me into the apartment, and you know, they send me to hell.

Where should I go to submit my rights to part of the inheritance, in what time frame should I do everything, and what documents should I provide?

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Lawyers' answers (5)

Good afternoon

According to the provisions of the Civil Code:

Article 1142.1. The heirs of the first priority according to the law are the children, spouse and parents of the testator.

2. The grandchildren of the testator and their descendants inherit by right of representation.

Article 11461. The share of an heir at law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his respective descendants in the cases provided for in paragraph 2 of Article 1142.

Thus, you are the heir of the first stage and have the full right to inherit your grandmother’s apartment, along with your aunts, in equal shares with them.

According to the provisions of the Civil Code:

Article 11531. Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.

Article 11541. An inheritance may be accepted within six months from the date of opening of the inheritance.

  • Thus, you need to contact a notary with an application to accept the inheritance within 6 months from the date of your grandmother’s death.
  • In this case, you do not need to have documents for the apartment, since the notary will make a request to the registration authority (Rosimushchestvo) in order to confirm the fact that your grandmother has ownership rights to the apartment.
  • Regards, Alexey.

Hello

You have every right to claim the inheritance left after the death of your grandmother (if there was no will). This right is granted to you by law.

Article 1146 of the Civil Code of the Russian Federation. Inheritance by right of representation

1. The share of an heir by law who died before the opening of the inheritance or at the same time as the testator passes by right of representation to his respective descendants...

You should contact a notary with an application to accept the inheritance. You will need to provide him with the following documents:

  • grandmother's death certificate
  • certificate from grandmother's place of residence
  • your mother's death certificate
  • documents on kinship
  • passport

If other heirs have already contacted the notary, then you do not need to provide the first two documents from the list, since the notary should already have them.

You will need to contact a notary within six months from the date of your grandmother’s death. The notary will draw up an application for acceptance of the inheritance, and you will sign it.

The notary will also provide you with a list of documents that you need to collect to obtain a certificate of inheritance. You can bring them to the notary at any time, including after six months.

You can receive a certificate of inheritance at any time after six months.

Article 1163 of the Civil Code of the Russian Federation. Deadlines for issuing a certificate of inheritance

1. A certificate of the right to inheritance is issued to the heirs at any time after six months from the date of opening of the inheritance...

You will be issued a certificate of title to a 1/3 share in the inherited apartment.

Yes, you can contact any notary in Moscow who handles inheritance matters, if your grandmother’s daughters have not yet opened an inheritance matter.

You need to contact the notary who will handle the inheritance case. To find out who it is, contact any notary office in the city, they will explain to you how to find him.

When you find it, take with you your passport and birth certificate for you and your mother. If necessary, bring the rest of the documents and they will tell you what else is needed.

The most important thing for you is to submit your application within the six-month deadline.

Let's define a certain algorithm of actions.

The procedure for registering an inheritance is regulated by the provisions of Part III of the Civil Code of the Russian Federation in accordance with Art. 35 of the Constitution of the Russian Federation, the right of inheritance in Russia is guaranteed. This means that heirs cannot be deprived of the right to inherit the property of the deceased. These provisions are duplicated in Art. 1110 of the Civil Code of the Russian Federation.

1. After the death of the testator, an inheritance was opened consisting of certain property that belonged to her by right of ownership.

The procedure for registering an inheritance begins with the acceptance of the inheritance.

Acceptance is carried out by submitting an application to the notary for the issuance of a Certificate of Right to Inheritance. The notary is determined by the place of residence and the first letter of the testator's surname.

There is a single database in Moscow, so you can contact any notary. A common mistake is missing the deadline for accepting an inheritance.

The deadline for accepting an inheritance is 6 months, from the date of death, if the six-month deadline for accepting an inheritance is missed, the deadline is considered missed.

Another way to accept an inheritance is to actually accept the inheritance, i.e. when you exercise ownership rights to inherited property, incur expenses for its maintenance, etc.

However, in this case, to obtain a Certificate of Inheritance, you will first have to go to court.

To confirm that you can be the heir of the deceased, you present to the notary documents confirming your relationship with the deceased.

To obtain a Certificate of Ownership of an inherited apartment, you must submit the following documents:

  1. Death certificate of the testator
  2. Documents confirming family relations with the deceased
  3. Title documents for the apartment.
  4. Certificate of state registration of ownership of the apartment.
  5. PIB certificate on the inventory value of the apartment as of the day of death of the testator
  6. Technical passport for the apartment.
  7. Extract from the Unified State Register confirming the absence of arrests and prohibitions on the apartment.

After all the necessary documents have been collected, the inherited property is divided between the heirs at the notary. You receive a Certificate of Inheritance. A certificate of inheritance is a document of title in relation to inherited property.

A certificate of the right to inheritance in relation to real estate must be registered with the territorial Office of the Federal Registration Service. After this, you can exercise the rights of ownership and use of real estate.

2. Heirs of the first stage are the children, spouse and parents of the testator .

The heirs of the second stage the testator's full and half-siblings , his grandparents on both the father's and mother's sides.

Heirs of the third stage are full and half brothers and sisters of the testator's parents (testator's uncles and aunts).

The state fee for issuing a Certificate of Inheritance will be:

  • children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but not more than 100,000 rubles
  • other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles.
How and where to submit an application and documents for inheritance Link to main publication