Who has the right to inheritance by law, which relatives

It is in the Civil Code of the Russian Federation the order of inheritance is very clearly regulated.

Moreover, the next line of heirs cannot enter into inheritance rights if at least one relative from the previous line can receive an inheritance. That is, if the testator has no one left, but only one son, then he will be the only heir.

So, the queues for accepting an inheritance are:

1. The first priority of heirs is the spouse, children and parents of the deceased . These include children whom the deceased adopted or adopted, and the adoptive parents themselves also belong to the first line of inheritance. Moreover, an adopted child cannot become the heir of his biological parents. This can only happen by court order. It happens that the testator still has unborn children. In this case, all property will be divided only after his birth. If the heirs of the first line are not alive or they are recognized as unworthy, then their legal successors, that is, the grandchildren of the deceased, can receive the inheritance.
2. The second line of heirs are sisters, brothers, relatives and steps (on mother or father), grandparents . If, during the opening of the inheritance, the deceased has no second-line relatives, then their children, that is, the nephews of the deceased, can become their successors.
3. The third line of heirs are the sisters and brothers of the deceased’s parents, aunts, uncles, both relatives and half-steps . And as in previous lines, if there is no one left alive, then their children, that is, cousins ​​of the deceased, can accept the inheritance.
4. 4th line - great-grandparents
5.  5th line – first cousins ​​or grandchildren,
6. 6th line – great-great-grandchildren and nephews , great-aunts and uncles
7. 7th line - stepsons and stepdaughters who are not relatives of the deceased and he did not adopt them, as well as stepfathers and stepmothers.
8. And the last, 8th line of inheritance are dependents who lived with the deceased and were not relatives, and then only if they lived with the deceased for at least a year.

Degrees of kinship during inheritance: table

But according to the law, how should the inheritance be distributed among relatives?

The Civil Code of the Russian Federation quite clearly formulates all the rules for the division of property between relatives, if a testamentary document has not been drawn up. This can be found out in more detail in articles of the code No. 1141-1145 and 1148 .

The Code determines the order of inheritance and division of property depending on family ties with the testator. It also defines what jointly acquired property is and what property can be divided.

What has been gained in marriage and how to share it

Joint property is discussed in detail in the Family Code, in Article 34 .

This is property that was purchased during marriage from the moment of its registration. And it doesn’t matter who is indicated as the owner and whose material assets were used during the purchase.

Real estate is divided - apartments, dachas, land plots, garages, outbuildings, and so on, movable - cars, motorcycles, as well as securities, shares, precious jewelry, pensions, benefits, income from business.

If one of the spouses received an inheritance or received something as a gift for free, then these things will not be considered jointly acquired property, even if these facts occurred during the years of marriage.

While both spouses are alive, they have equal rights to all their property. For example, during marriage, a family purchased housing - an apartment, and registered it in the name of the wife, however, after her death, marital shares are determined.

That is, this living space will be divided as follows: ½ share is part of the spouse’s apartment , since it was purchased during the period of legal marriage, and ½ is the wife’s share , which will already be divided between the relatives of the first line of heirs.

The first priority includes the spouse, children or their legal successors.

And accordingly, the living space will have to be divided as follows:

• 1/2 - part of the spouse , as joint property, it is indivisible between the heirs.
• 1/2 is the second part of the deceased , it will be divided between the husband and all children.
• If there are two children 1/3 from this half ,
• Each child will also receive 1/3 .
• In the end, the husband's property will be 4/6 of the total area of ​​the apartment, and each child will have 1/6, respectively

Everything acquired during a joint marriage will be shared in the same way. And even if the husband and wife have not lived with each other for a long time and do not communicate, but the marriage is not dissolved, then one of the spouses still has the full right to the marital share of property after the death of one of them.

By the way, if the marriage was not officially registered with the registry office, the spouses lived in a so-called civil marriage, then anything acquired during this marriage will not be considered jointly acquired. Since a common-law marriage is not legal, cohabitants have no rights to inherit property after the death of their partner.

How to share everything that happened before the wedding

In addition, property acquired before the wedding or received as an inheritance is not divided equally, that is, the obligatory share of the spouse is not allocated from it. This property will be divided in equal parts among all heirs in line.

For example, a spouse left a car and an apartment after his death. He inherited the apartment from his relatives, and purchased the car while married. All this will be divided like this: the apartment will be divided in equal shares among all first-priority relatives, and the car will first be allocated the marital 1/2 share , and the remaining 1/2 will be divided among all the heirs, namely the wife and children.

Another nuance, after the death of one of the spouses, the second. He can register his spousal part in his name immediately after death and not wait six months to open an inheritance. But the second half of the property will be distributed among the heirs only after 6 months from the date of death of the testator.

The right to represent what it is and who can use it

The code explains this circumstance quite clearly. And to put it in plain language, this right is received by the descendant of the heir if he dies . For example, the heir is the son of the deceased, but he, too, has long since rested in peace, but he still has children, then they can enter into inheritance rights instead of their father.

However, we should not forget that if a given person was found unworthy, then his descendants also do not have any rights to property division.

Do dependents recognized as disabled participate in the division?

According to the law, dependents of the deceased who are not his blood relatives also have the right to inherit.
Such persons include family members who have not reached the age of 18 , or who are studying in educational institutions on
a full-time basis and who lived with the testator for at least 1 year before his death.

They also recognize older people who have reached retirement age and have been living at the expense of the deceased for the last year. They are the heirs of the second and subsequent stages.

Who is allocated a mandatory share in inherited property?

Article 1149 of the Civil Code of the Russian Federation states that there are persons who must receive their share of the inheritance. They cannot be deprived of it, and even if they are not indicated in the will, the state must still allocate them a part of the inheritance.

These are minor children, natural or adopted, recognized as incapacitated, for example, having a disability, as well as spouses of retirement age or also on disability without the ability to work, and, accordingly, dependents in the same situation.

This category of citizens, in any case, whether there is a will or not, will definitely receive their share in the property of the deceased, only this requires certain evidence, for example, officially confirmed papers about the incapacitating degree of disability.

What is an escheated inheritance?

However, such cases are so rare, because the order of inheritance can be traced to the 8th step , and there will always be at least some distant relatives.

Bottom line

If a misfortune happens and one of your relatives dies, then do not rush to run to a notary and deal with the registration of what is left of him. You must submit an application that you are claiming a share in the inheritance within six months from the date of your relative’s death .

Who has the right to inheritance after the death of a relative?

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Many of us have heard about how some rich but eccentric old woman or an extravagant elderly man left his family and friends without financial support, delegating all his property to his pet.

Sometimes money, land and houses went to cats, a little less often to dogs, there was even a case of an order in favor of a turtle. Therefore, let's figure out who has the right to inheritance in our country.

Order of succession

To avoid confusion among those wishing to distribute material wealth that has suddenly fallen on their heads, the law has established a procedure according to which property is transferred to new owners.

In the case of inheritance by will, the document usually stipulates who will receive what and in what order, but this order is rather arbitrary.

The legislator clearly regulated:

• who belongs to the circle of inheritors;
• what is the order of the queue;
• how successors are replaced, and so on.

The topic of inheritance is far from new; it is constantly being adjusted and supplemented by judicial practice.

For more detailed information, we recommend that you refer to the material “The order of heirs.”

Shares of heirs according to law

Heirs are entities who receive some material benefits after the death of a person. They mean both property (movable and immovable) and property rights.

The transfer of ownership of property is carried out in the manner prescribed by law: each subsequent stage is allowed to participate in the division only if there are no heirs of the previous one.

Moreover, within one queue, the shares of each participant are presumed to be equal. In some cases their size may be revised or changed.

Who can be the heir

Let's find out who can be the heir: people, animals, legal entities? Since we live in a country with strong traditional foundations and family values, the transfer of property to animals is not encouraged.

According to Russian laws, only the following can be considered heirs:

• people regardless of gender, age, citizenship, nationality;
• legal entities: institutions, enterprises, organizations, as well as the state or municipalities.

You can, of course, leave an apartment to a cat by drawing up a closed will, but in this part, upon the claim of interested parties, the document will most likely be declared invalid.

Depending on the pattern of inheritance, it is possible to determine who the heirs are.

If the last will of the deceased is formalized in the proper form and he gave orders regarding the accumulated property, then those indicated in the document will inherit.

Simply put, a will determines who else has the right to inherit. And it doesn’t have to be relatives or close people, it can be anyone: a nurse from a medical institution or a favorite city.

If there are no instructions on the division of property, then relatives will become the new owners, depending on the degree of relationship.

The legislator considers children, parents and the surviving husband or wife to be closest. The rest (siblings, uncles, aunts, grandparents) will be ranked up to the eighth stage.

Grounds for inheritance

The starting point for inheritance is the date of death of a person.

Within six months from this date, all persons who consider themselves potential beneficiaries may apply to the notary office at the last place of residence of the deceased with an application to accept the inheritance. It is during this period that the family ties of the deceased and the presence or absence of his instructions in the event of death are established.

If there is a notarized document that describes who will receive what (real estate, land, money, cars), then these heirs will quickly receive the appropriate certificates. But who will get the apartment after the death of the owner, if there is no will, will be decided by the law, sometimes even with the help of the court.

Inheritance by will

The last will of a person regarding the future fate of his property must be expressed in writing and certified by a notary. A notary is needed in order to make an objective conclusion about a person’s free, without coercion, desire, and about the state of health that allows him to perform legally significant actions.

The notary is also obliged to explain who can claim the inheritance if there is a will, and the requirements of the inheritance law.

Objective information from a disinterested specialist will allow you to draw correct conclusions regarding the expression of the last will.

Most often, a document is prepared for the notary to read, but sometimes it is submitted to the notary's office in a sealed envelope (the so-called closed will). To study this topic in more detail, we recommend that you refer to the material “Inheritance by Will”.

Inheritance by law

If during his lifetime a person was unable to distribute what he acquired through back-breaking labor, it will be divided in compliance with the provisions of regulatory legal acts.

Civil legislation, taking into account the rules of family law, will determine who has the right to inheritance by law. These usually include relatives of ascending, descending and even collateral lines.

Now the legislator does not discriminate against potential copyright holders, which is good news. For example, in the Principality of Pskov, women did not inherit. After the death of the breadwinner, the wife and daughters could only claim to live in the house, which went exclusively to the sons. You can find out what legal norms are in force now from the article “Inheritance by Law”.

Unworthy heirs

Dignity as a moral category is associated with respect for a person. People who do not deserve respect are perceived by society as dishonest and immoral. The legislator proceeds from this, classifying among unworthy heirs those who:

• contributed to the speedy death of a relative;
• did not provide him with adequate assistance;
• sought to turn the last will of the deceased in his favor, ignoring the wishes of the latter.

If the heir was found unworthy by a court decision, he can appeal this decision and regain his good name and right to inheritance. The list of actions condemned by law and society, as well as possible solutions to the issue, can be found in the material “Who are the unworthy heirs.”

Mandatory share

When entering the inheritance process, you should find out whether there is a will for specific persons who else can claim the inheritance.

Protecting interests, and often the right to a decent life, the state has provided a way to at least minimally provide for socially vulnerable heirs.

It consists of allocating property (or part of it) to people who are limited in their ability to independently support and provide for themselves. These most often include pensioners and children under the age of majority.

Both the first and the second, under any conditions, even if they were limited by the will, will receive half of the share that would be due to them by law. To understand how the share is calculated, we advise you to refer to the article “Mandatory share by law.”

There are often cases when a person, while disposing of the property that belongs to him, under the influence of circumstances, forgets about the people who depend on him or are in his support.

We can endlessly discuss the reasons that motivate people to do this, but we should always remember that minors and dependents will be deprived of their compulsory share only if they are recognized as unworthy heirs. Details can be found in the material “Obligatory share under a will.”

Inheritance by disabled dependents

Dependents are people who are supported by someone. Disabled people are citizens who are unable to earn a living through their labor for reasons beyond their control.

The category of disabled dependents due to age or physical condition most often includes pensioners and people with disabilities (disabled people).

After the death of the person who supported them, they remain completely defenseless, therefore they have the right to an obligatory share in the inheritance.

Minor heirs

The state considers those under 18 years of age to be under the age of majority. In some cases, adulthood comes earlier (marriage, independent business activities), but this is the exception rather than the rule.

Minors also have the right to an obligatory share in the inheritance, therefore, not only legal representatives or guardians, but also the prosecutor’s office are responsible for protecting their interests.

1. Children are the only category that can inherit, even if they were not born at the time of the death of the testator, but were conceived during his lifetime and were in the fetal state.
2. All other applicants must be alive at the time the inheritance is opened.
3. What are the specifics of calling children to inheritance can be learned from the article “Inheritance by Minors.”

Inheritance by right of representation

When the question arises about who has the right to inherit the property of the deceased, they usually mean the heirs of the same line.

Sometimes successors from seemingly different lines are simultaneously called to inherit, for example, children and a granddaughter. It may happen that a granddaughter will inherit instead of her parent, who is already deceased at the time of the testator's death. In this case, the granddaughter inherits in order of presentation.

This is discussed in more detail in the material “Inheritance by Right of Representation”.

Who cannot act as an heir?

The answer to whether one can claim an inheritance if there is a will or legal grounds is not always clear. As noted above, unworthy persons cannot inherit.

Misbehavior is usually confirmed by a court verdict. At the same time, to exclude a person from inheritance, it is not enough to find a person guilty - a court conclusion is needed that the unseemly acts were committed intentionally.

The motivation of an unworthy heir is of great importance for excommunication from inheritance, since only one whose actions were directly related to the desire to receive an inheritance can be excluded, that is, the motive must be selfish.

Parents deprived of parental rights do not inherit after the death of their children. Animals also do not inherit - they can only be included in the will as an obligation for the heir. For example, the one who gets the apartment is obliged to feed and care for the animal until its death.

Who can be disinherited

In addition to unworthy heirs, absolutely law-abiding successors may also lose what they received under a will if the document is declared invalid. This may happen if a lawsuit is filed in court.

The basis for declaring a document invalid may be both errors and shortcomings in its execution, and the ill health of the testator.

Quite often, interested parties, usually relatives, who did not receive what they expected, raise the question of conducting a post-mortem forensic psychiatric examination in order to prove the incapacity of the testator at the time of drawing up the will.

You can also lose an inheritance at the will of the testator: if he leaves a will in which the potential heir is not indicated or in which his excommunication from the inheritance is indicated.

Who has the right to inherit by law without a will?

In Russia, as they say, “they don’t write wills.” There is no such tradition and practice. There is no need for lawyers to speculate about why this happened.

Let representatives of other social sciences figure this out. Our business is to state the fact: despite the fact that the legislation of the Russian Federation provides for inheritance, both by will and by law, the vast majority of inheritance cases are resolved legally, and not according to the will of the deceased.

It would be more accurate to say that this is the will of the testator - to leave the law and the heirs the right to deal with the property themselves, which is no longer needed by its owner. And the heirs themselves prefer this understandable and familiar method.

And since this is so, it is important to consider this issue in detail and explain to potential heirs (and this is virtually the entire population of the country) the essence and order of inheritance according to the law. Our article is devoted to this topic.

ATTENTION! Inheritance is regulated by law in the Civil Code of the Russian Federation. Specifically, articles No. 1152, 1143, 1144, 1145, 1148. In the article we will look at their provisions in detail and find out in what order relatives (and not always relatives) enter into inheritance rights.

Order of succession

The logic of inheritance by law is approximately the same in all countries. This is a kind of “ladder” - the closer the relationship, the greater the chances of becoming the heir of this or that person. If there are no close relatives, distant ones are sought. Sometimes even those who do not suspect the existence of the testator.

In Russia, there is no such practice - if the heirs themselves do not show up within six months, the inheritance will go to the state. But Western notaries can really “scour the whole world” in search of distant branches of the family tree. And people sometimes receive an inheritance without having any idea who it is from. But such situations belong rather to the category of mythical ones. Let's return to earth and to Russia.

The legislation of the Russian Federation provides for seven lines of inheritance, plus a conditional eighth - “disabled dependents of the testator.” The last line is not related. A dependent, that is, a person whom the testator fed and supported, can be anyone. Related queues are as follows:

• First: husbands/wives, fathers/mothers, children. Children are considered to be everything that exists - from all marriages, illegitimate, “abandoned”, those for whom the testator was deprived of parental rights, adopted, unborn. Husbands and wives - only relevant ones. Parents are both natural and adoptive parents. The exception is for parents deprived of parental rights. Along with parental rights, inheritance rights are lost.
• Second: brothers/sisters, parents of parents on both sides (grandparents)
• Third: siblings of parents (in other words, aunts and uncles of the testator)
• Fourth: parents of grandparents (that is, great-grandparents, which does not happen often, but is possible with a “generation shift” - when in one of the related tribes siblings or children from different marriages have an age difference of 20 years or more)
• Fifth: cousins/granddaughters and grandparents (that is, siblings of grandparents or grandchildren of siblings)
• Sixth: cousins, nieces/nephews, uncles/aunts (that is, children of cousins/brothers or cousins ​​of parents)
• Seventh: not blood, but “social” relatives - stepmother/stepfather, stepsons/stepdaughters (that is, spouses of parents who did not adopt the testator and children of the testator’s spouses who were not adopted by him)

Thus, family ties are practically exhausted. If the heirs of the current line died before the testator, their right to receive the inheritance upon presentation passes to their heirs.

That is, grandchildren, great-great-grandsons, great-nephews, and so on can receive the inheritance.

Transfer of inheritance rights between queues

To understand how it happens, let's start with the first stage.

So, first of all, the people closest to the testator can accept the inheritance. What is called “family” in everyday life - father/mother, husband/wife, children.

As a rule, if the testator is not alone, everything ends in the first place.

If he does not have a family, or the primary heirs cannot or do not want to enter into the inheritance, it is the turn of the second line of succession. If the situation is the same in her, the third one enters, and so on.

What reasons may prevent first-priority heirs from receiving an inheritance according to the law? They are as follows:

• None of the first-priority heirs are alive, and they also have no direct first-priority heirs
• Existing heirs do not have the right to inheritance (for example, parents deprived of parental rights)
• Existing heirs are deprived of the right to inheritance through the court, that is, they are recognized as unworthy heirs (for example, children did not pay alimony to elderly parents or the husband beat his wife, hastening her death)
• None of the representatives of the first stage declared their rights to the inheritance within the period prescribed by law or directly wrote a refusal of the inheritance. This happens when the inheritance contains too many debt obligations, and their amount may exceed the value of the inherited property. There is little meaning in such a “legacy”. And some prefer to give it up.

Then everything happens according to the same scheme: if none of the representatives of the priority queue accepts the inheritance, the rights are transferred to the queue located a level lower, and so on until the end.

If no one from all seven stages accepted the inheritance, and the testator had no disabled dependents, the property remaining after the death of the testator is called “escheated” and goes to the municipality or the state.

Division of inheritance between representatives of the same line

The resulting inheritance is divided equally among all representatives of one line. If in the current queue there are heirs by right of representation (primary heirs of people who have the right to receive the inheritance, but who died before the testator), then they divide among themselves the share that this heir would have received.

Example

The testator had three sons. Two survived him, and one died a year earlier, leaving two children. The inheritance is divided into three equal parts - according to the number of sons-heirs. The deceased son's share will be divided among his children. They will receive half the share due to their father. If a previously deceased son had one child (grandson of the testator), he would inherit his father’s share in its entirety.

There are nuances of inheritance by spouses. According to the law, they receive an equal share with all other heirs. However, we should not forget that half of the family property belongs to the spouse, regardless of who it is registered in the name of.

That is, if the subject of the inheritance is an apartment belonging to the testator, then 12 of it is the property of the spouse. Consequently, first the spouse receives his half, and then, on equal terms, participates in the division of the inheritance with the rest of the line.

“Spousal half” is not an inheritance, it is 50% of the jointly acquired property of the husband and wife, which was not allocated during the life of the spouse.

Despite the fact that her other children (brothers and sisters of the testator) may believe that they also have the right to part of the property of the deceased brother. During the mother’s lifetime, they don’t. After her death, the brother's inheritance will pass to them as part of the mother's inheritance, since then they will be the heirs of the first priority. In the meantime, their turn is second, having no right of inheritance for the deceased.

Features of inheritance by law

There are other nuances associated with the order of succession according to law. Let's look at some of them:

1. Adopted children are considered equal to their own children in inheritance. The same applies to adoptive parents - they are equal to blood parents. Parents who were once deprived of parental rights by a court, or who themselves abandoned the child, lose the right to inherit. However, children who are abandoned or whose parents have been deprived of parental rights still inherit by law from their biological parents.
2. If the child was not yet born at the time of the father’s death, he still participates in the division of the inheritance on an equal basis with other first-line heirs. A child enters into an inheritance from birth, regardless of whether the 6 months allowed by law for entering into an inheritance have expired. If a child dies during childbirth, his existence is not legally recognized (he is not an heir). If he was born alive, but died a short time later (at least a few hours, not to mention days), hereditary transmission comes into force, and his mother receives his share.
3. A “civil marriage,” even one that lasts many years, does not give the spouse the right to inherit. A common-law husband or wife can receive a compulsory share of the inheritance only if they were at the same time disabled dependents of the testator. This will be 50% of the share of the remaining heirs. And, of course, the “marital half” is not allocated to them before the division of the inheritance.
4. Disabled dependent relatives always receive a mandatory share of the inheritance (50% of the shares of the rest). “Outsiders” dependents, only on the condition that they lived at the expense of the testator for at least a year before his death.
5. Minor children, disabled children, disabled parents, retired/disabled spouses receive a mandatory share of the inheritance by law, even if they are deprived of the inheritance by the will of the testator. The mandatory share is half of what they would have received by law. Naturally, the “marital half” is allocated to the living spouse, no matter what is written in the text of the will.

Who can be disinherited?

Legal heirs may initially not have the right of inheritance, or may lose it during the registration of the inheritance. Only a court can deprive an heir of this right.

We list the legal cases of deprivation of heirs' rights to inheritance under the law:

• Inheritance to children is a parent's right. Consequently, parents who have been deprived of parental rights by the court are also deprived of this right.
• Heirs who committed illegal actions towards the testator (caused him physical and/or psychological suffering) are considered unworthy and are deprived of the right to inherit by law.
• Adult children who did not fulfill the child support obligations to their parents that the court imposed on them are deprived of the right to their inheritance.
• If there was no court decision on child support, and the children simply refused to help their elderly parents, despite extreme need, the relatives who did this for them can sue. Such behavior is considered grounds for declaring the heir unworthy and depriving him of inheritance rights.
• Heirs who attempted to illegally obtain the right to inheritance, or intended to increase the size of their share to the detriment of the interests of other heirs, may also be considered unworthy and excluded from the number of heirs in the queue.

If you still have questions regarding this topic and you did not find answers to them within the framework of this article, ask them to a lawyer on our portal.

On the Prav.io portal you can find a lawyer who will help you protect your rights during a confusing and complex dispute between relatives about inheritance.

Close relatives according to the Family Code of the Russian Federation

Close relatives are citizens who have blood ties based on biological descent with a common ancestor. There is no specific norm in the legislation that gives a clear definition of the concept of close relatives , but a list of such persons can be identified when regulating certain social relations.

When civil legal relations with the participation of relatives, the legislation generally refers to the Family Code , in particular to Art. 14 IC RF.

Close relatives in this article are indicated when describing circumstances that prevent marriage between the following citizens:

• parents;
• children;
• grandparents;
• brothers and sisters - including half-brothers, i.e. if only one of the parents is common.
• Adoptive parents or adopted children.

Are husband and wife related?

Based on the rules of civil law, spouses do not belong to close relatives , since their affiliation with such is not described anywhere. If legal relations arise with the participation of spouses, they are indicated separately. For example, in clause 18.1 of Art. 217 of the Tax Code of the Russian Federation states that family members and close relatives are exempt from income tax when donating property (relatives and spouses are listed below).

Based on the norms of this article, we can conclude that family members are not considered close relatives, since there is a distinction and these citizens are listed separately .

Basically, the law contains instructions for both spouses and other relatives. According to Art. 5 of the RF IC, in case of possible gaps in the law and the absence of indications of family members, circumstances are applied based on the general principles of family or civil law by analogy with the law.

The principle of reasonableness and fairness also applies. Those. in some cases, spouses may be recognized as close relatives .

How are immediate family members different from other family members?

It is possible to determine the differences between family members and close relatives only when certain legal relations arise, since some provisions of the law may indicate different citizens as family members .

Thus, based on the norms of family law, when alimony obligations arise, it becomes obvious that spouses and close relatives are generalized and indicated as family members .

In another case, according to the norms of housing legislation, family members include only spouses , parents and children (Article 31 of the Housing Code of the Russian Federation).

Based on the norms of civil law , we can conclude that not all family members are considered close relatives, since there is no indication of spouses . However, in another case, some relatives may be part of the family.

An exception is the provisions of criminal law , since according to paragraph 4 of Art. 5 of the Code of Criminal Procedure, there is a clear definition according to which spouses are close relatives .

However, this rule applies when determining the circle of persons in case of refusal to testify. Although it is also possible to use these relations in civil proceedings by analogy with the law.

Right of inheritance by kinship

The definition of kinship in inheritance law is necessary for the possibility of acceptance of property by the relatives of the deceased testator. Chapter 63 of the Civil Code of the Russian Federation establishes which family members or close relatives have the right to act as heirs.

According to the norms of this chapter, there is a certain distinction between relatives according to the order of acceptance of inheritance , depending on their family or blood status.

This was done so that citizens have the opportunity to receive the obligatory due share of property in the absence of a will .

And also, if the heirs of the first priority are absent or refuse their share, then the property can pass to other citizens according to the rules of kinship with the testator .

Relatives can act as heirs by right of representation - when the testator’s property is accepted by the descendants of the deceased heir if he has not assumed the rights to inheritance.

According to Art. 1146 of the Civil Code of the Russian Federation, the order of succession in this case is established according to the general priority. Those. by right of representation, the inheritance mass or its share is divided among family members or relatives of the deceased heir .

unworthy heirs cannot inherit property by kinship if they tried to enter into the right of inheritance or increase their share through their illegal actions. If a citizen was recognized by the court as an unworthy heir, then his relatives also cannot claim property by right of representation .

When entering into inheritance according to law

Heirs by law are persons established by law who accept the property of a deceased citizen if there is no will . The heirs by law are given the right of inheritance in equal shares, depending on the order of succession .

The order of succession consists of seven lines. The main three include the following citizens:

1. Children, spouse, parents.
2. Brothers and sisters (including step-sisters), as well as grandparents.
3. Uncles and aunts (full or half-blooded).

If there are no successors in the first three stages, then the right to accept property extends to citizens in order of degree of kinship , up to cousins, great-grandchildren, nephews or cousins. If there are no blood relatives of the indicated lines, then the inheritance mass is distributed to the seventh line , which are stepsons, stepdaughters, stepfather or stepmother.

If the inheritance is the jointly acquired property of the former spouses, then such property will be divided between the successors by law in the amount of half the share of the inheritance. The ex-wife or husband are not heirs and cannot claim a share of the inheritance , since they are the owners of half of the acquired property a priori.

When inheriting property by will

When inheriting under a will, any person, including those who are not relatives, . The will may indicate the obligatory share of the inheritance belonging to each of the successors, or even give an order to deprive all relatives of the inheritance rights without giving reasons.

According to Art. 1149 of the Civil Code of the Russian Federation, there is a mandatory share of the inheritance, which is due to some citizens, regardless of the terms of the will or the order of inheritance. If there are such persons, then they inherit at least half of the share of property that would be due to them by law.

Such citizens include:

• Minor children.
• Disabled: children, spouse, parents.
• Citizens who were dependent on the testator for at least a year before his death.

Proof of relationship when inheriting property

When accepting an inheritance, according to the law, it is necessary to confirm to the notary the family relationship with the heir. Depending on the order of inheritance and the distance of relationship, these may be the following documents:

• birth certificate - in case of death of a parent;
• certificate of recognition of paternity - if the child was born outside of an official marriage;
• adoption decision;
• marriage certificate.

Depending on the order of inheritance and the distance of relationship, it will be necessary to provide a more extensive list of documents.

If it is not possible to confirm the relationship, the relative can contact the registry office to request the necessary data.

If the registry office for some reason cannot provide such information, then the citizen has the right to go to court to recognize family ties.

Benefits for close relatives according to the law when entering into an inheritance

Property acquired by inheritance is not subject to income tax rules , with the exception of property rights associated with intellectual property. However, there are other costs that must be paid to accept the inheritance.

Tax Code, in particular paragraph 22 of Art. 333.24 of the Tax Code of the Russian Federation establishes a notary fee for issuing a certificate of the right to inheritance .

• children (including adopted children);
• spouse, parents;
• brothers and sisters, only full siblings.

Citizens are exempt from paying the state fee for issuing a certificate if:

• The inheritance included real estate in which the successors were registered on the date of death of the testator and continue to live in the specified housing.
• Inherited property includes cash deposits, wages, and insurance amounts.
• The property of a citizen who died while performing state or other public duties is transferred.

According to Art. 333.38, regardless of the type of inherited property, minor children or citizens over whom guardianship has been established are exempt from paying state taxes due to the presence of mental disorders.

Inheritance law: everything an heir needs to know

How is inheritance accepted after the death of a loved one and what laws regulate the rights of applicants? The main law on inheritance of property is the Civil Code of the Russian Federation, which reflects all the basic legal norms regarding the specifics of entry, the rights of applicants and their registration.

Based on Article 1111 of the Civil Code of the Russian Federation, the rights of applicants to inheritance can be determined by two rules:

It is possible to distinguish a third type of rights to inheritance, which is allocated for special categories of successors: disabled people, incapacitated or minor applicants. The spouse of the testator also has the right to receive a special share in the inheritance. We will tell you about all the main features of inheritance within the framework of the law in our article.

Recipients of abandoned properties can be both individuals and legal entities and constituent entities of the Russian Federation. It is also possible to recognize as heirs unborn children who were conceived during the life of the testator.

The reform of civil legislation also affected inheritance law. On June 1, 2023, changes made to the Civil Code of the Russian Federation came into force. Thus, citizens now have the opportunity to draw up a joint will. This method of transferring inheritance is convenient for distributing the common property of spouses acquired during marriage. This will avoid disputes between heirs after the death of a husband or wife. A joint will will not affect the rights of persons entitled to an obligatory share in the inheritance (dependants of testators: incompetent, disabled, minor heirs).

Registration of inheritance: who has the right to join

According to the law on inheritance in Russia, the property of a deceased person can be accepted by his successors under a will or legal relatives, who are in one of seven orders. According to Article 1119 of the Civil Code of the Russian Federation, even before the moment of his death, the testator has the opportunity to independently determine his successors.

For this purpose, you need to draw up a will, which is a special notarized form. The testator has the right to indicate the following in the document:

• List of heirs (there can be one recipient or any unlimited number of successors).
• The amount of the share in the property that will be allocated to each recipient.
• Conditions for entry and receipt of inheritance.
• Executor of a testamentary document.

According to Article 1122 of the Civil Code of the Russian Federation, the testator can assign a certain part of the inheritance to each applicant. If there is no such condition, then the property will be divided equally. When inheriting an indivisible object, for example, an apartment, shares in the property will be determined for the recipients.

A will will be recognized by law as valid if it has been notarized and written by a legally capable person and on his behalf. If the legal procedure for drawing up a document is violated, the distribution of the inheritance to the deceased can be canceled in court.

The right to inheritance according to the law in Russia provides for the transfer of left-behind property to close relatives of the deceased, if other applicants were not determined by the will. In the absence of a will, one of seven categories of relatives of the giver will be called upon to inherit. Thus, the following can accept entry by law:

• Children, parents, husband or wife of the deceased as first-degree successors.
• Grandparents, sisters or brothers of the deceased as second priority recipients.
• Uncles and aunts are heirs of the third order.
• Great-grandparents can enter as fourth-round successors.
• Great-aunts, grandfathers and grandchildren of the deceased are fifth-degree successors.
• Sixth cousins ​​and aunts and nephews of the testator can inherit.
• The last, seventh order is the stepmother, stepfather, stepsons and stepdaughters of the giver.

The main successors of a citizen by law are his closest relatives. According to Article 1142 of the Civil Code of the Russian Federation, the priority of entry belongs to the children, parents and spouses of the deceased. Common-law spouses and deprived parents cannot inherit property.

When registering an inheritance according to the law, applicants must prove to the notary their relationship with the testator. For this, you may need birth, adoption, and marriage certificates.

If one of the successors has committed a crime against the testator, other heirs or the estate, then such a claimant can be recognized through the court as unworthy of the right to inherit and excluded from the number of heirs.

Special rights of heirs

Entry by law is the main type of inheritance rights that is used most often. Therefore, the rights of relatives or other persons have special protection from inheritance legislation in the Russian Federation. Thus, according to Article 1148 of the Civil Code, dependents of the testator can be called upon to inherit according to the law, along with the main receiving order.

• A dependent of the deceased who is included in one of any sequences and who was dependent on the testator for a period of at least one year can accept property on an equal basis with other applicants.
• A dependent who has no family connection with the testator can enter into inheritance on an equal basis with the legal successors if he was financially dependent and lived with the deceased for one year.

To establish the fact of dependency, the applicant must prove material or other form of dependence on the testator.

Inheritance laws do not ignore the rights of children to receive their parents' inheritance. Thus, the children of the deceased can be called upon to inherit, even if they:

Remember: a child who was conceived during his father's lifetime has the right to inherit after his death. In such a situation, consideration of the inheritance case will be postponed until the birth of the child. His rights to take over the property will be preserved, even if the baby’s mother does not have the legal opportunity to enter.

Children who were adopted by other persons cannot inherit from their parents. Also, children who are recognized by a will or court as unworthy successors cannot be called to inherit.

The Federal Law on Inheritance in the form of Article 1149 of the Civil Code of the Russian Federation provides for the possibility of accepting an inheritance by heirs of the first priority if this category of recipients was limited by the will of the deceased. Thus, parents, children or spouses of the deceased can apply for the allocation in their favor of 50% of the legal share if they:

• They are incapacitated due to an officially established disability.
• Have reached retirement age at the time of opening of the inheritance.
• Are minors (applicable to children).

The obligatory share for such applicants can be allocated at the expense of non-inherited property under the will or by reducing the shares of other successors.

According to Article 1150 of the Civil Code of the Russian Federation, the death of one of the spouses is grounds for divorce and division of jointly acquired property. After the death of the spouse, the second partner has the right to receive half of the inheritance, as well as the right to share in the remainder of the inheritance on an equal basis with other claimants.

Inheritance: division, right of representation and transmission

One of the difficult questions about inheritance is its division. How exactly to divide the abandoned property between several claimants? The rights to a certain share in the estate will be determined by a notary or in court, but the successors must distribute the property of the deceased themselves.

For example, it is easiest to divide a monetary contribution. But dividing real estate, a car or other things will be difficult. There are several options for property distribution:

• Its sale with subsequent division of the proceeds.
• Its sale to one applicant for a certain amount of compensation.
• A joint legal or contractual provision concerning the use of property.

It is important to remember: when selling an inheritance, within three from the date of its registration, you must pay a tax in the amount of 13% of the amount of income received. Information about the transaction must be submitted to the tax authority along with the annual declaration.

According to the law on the right of inheritance (Article 1168 of the Civil Code of the Russian Federation), certain categories of heirs may have a preferential right to receive in their favor indivisible property included in the inheritance. Thus, heirs who:

• Lived with the testator.
• They had shared ownership equally with the giver.
• Used one thing together with the testator.

How does this law work? Consider the following situation: three daughters of the deceased inherit an apartment. Two of them have their own real estate, and the third does not. Since she lived with the testator until his death, through the court the woman has the right to receive the entire apartment in her favor, paying compensation to other heirs in accordance with the value of their shares.

What is the right of representation and how does this mechanism work? Based on Article 1146 of the Civil Code of the Russian Federation, if the main heir dies before the opening of the inheritance case, then the uninherited share will be transferred to his successors. By right of representation, only his children can receive an inheritance instead of a deceased successor.

The inheritance is not transferred by right of representation if:

• The deceased primary heir is not included in the first three orders of legal successors.
• The deceased successor was deprived of inheritance rights.
• The main claimant died before receiving the inheritance, but later than the moment of its discovery.

The opening of the inheritance occurs immediately after the death of the testator. From now on, during the legal period of entry, all applicants must declare their rights.

If the main heir dies before accepting the inheritance, but later than the moment of its opening, then hereditary transmission occurs. In this situation, all successors of the deceased recipient, determined by law or his will, may be called upon to inherit. Hereditary transmission does not arise if the deceased heir:

• Managed to accept the inheritance from the notary or actually entered into it.
• He was deprived of inheritance rights.
• I missed the deadline for registering an inheritance.

Please note: hereditary transmission does not apply to the obligatory share.

Terms of inheritance and their omission

Now let’s talk about the main features of entering and registering an inheritance. According to Article 1153 of the Civil Code of the Russian Federation, successors have the right to inherit in one of two ways:

• Contact a notary at the place of registration of the testator.
• Carry out actual entry into inheritance.

You must use one of the methods within a limited period of time. The law of the Russian Federation on inheritance in the form of Article 1154 of the Civil Code of the Russian Federation states: acceptance of inheritance actually or through a notary is allowed within six months from the date of death of the testator.

Consideration of an inheritance case can be expedited if all applicants have inherited. If the order is changed or the will is cancelled, the terms may be extended by three or six months.

What will happen if one of the applicants, due to certain circumstances, is unable to carry out the inheritance within the time limits provided by law? According to the law, it is impossible to deprive a latecomer of the right to inherit; however, restoring the status of an heir will not be easy. You can do this in several ways:

• Determine the actual acceptance of property.
• Conclude an agreement to restore entry rights with other applicants.
• Go to court to extend the deadline for registration.

In the first case, a late claimant may try to prove actual acceptance of the property. Namely: their actions carried out during the main period of inheritance, indicating the acceptance of property without contacting a notary.

The second possibility of restoring rights to inheritance is the conclusion of a special agreement between the latecomer and those who have already accepted the inheritance. If the latter agree, the applicant who missed the deadline for acceptance will receive his due share.

The chances of reinstating the deadlines in court are very high, especially if the successor applied to the judicial authority within six months from the moment the inheritance could be accepted and has a good reason for which he was unable to take over within the time limits provided by law. For example, it is possible to restore the right to inheritance under the law in the Russian Federation if during the period of entry the applicant was on sick leave or on a long business trip.

Certificate of inheritance

Civil law on inheritance by law allows applicants to decide on the method of accepting or refusing an inheritance. Not accepting property is the right of every successor. To refuse, it is enough to write a statement to a notary or not take any action at all.

Please note: you cannot refuse part of the inheritance. It is also not allowed to renounce an obligatory share or in the event that the person renounced is the only successor under the will.

But how does the acceptance of property take place within the framework of the law? Most often, entry is carried out through a notary’s office, since after registration, the successors will receive a certificate of inheritance from a lawyer. How to register an inheritance?

First step : contact the notary office at the place of registration of the testator. You need to draw up an application for membership and submit it to a lawyer. You can feed paper in one of three ways:

• Personally in the hands of a notary.
• Through an official representative.
• By mail.

Second step : preparing a package of documents and submitting it to a notary. For a lawyer you need to prepare:

• An extract from the place of registration of the testator.
• Documents of ownership of abandoned property.
• Death certificate of the giver.
• Will or evidence of relationship between the applicant and the deceased.

Third step : assessing the value of the inheritance and paying the state fee for issuing the certificate. 0.3% of the price of the received property must be paid by the successors of the first and second priority. All other recipients must pay a state fee of 0.6% of the value of the property received.

Fourth step : obtaining a certificate of inheritance. Upon expiration of the entry period, the notary will close the inheritance case and distribute the property. In this case, each successor will receive a certificate.

After receiving the certificate, all that’s left is for the successors to apply to the relevant government authorities to register the received property as their property.

Our lawyers know all the inheritance laws in Russia and are ready to provide you with competent legal assistance at any time. Write your question about the inheritance, its acceptance or division, and we will answer your request for free, tell you about your rights and help you formalize the inheritance in accordance with the current legislation of the Russian Federation.