Receiving an inheritance after death under a will

Every citizen of the Russian Federation can express his will regarding his own property in the event of his death. A person’s entry into inheritance after the death of a loved one under a will occurs within the established time frame.

This is only possible if the citizen's name is indicated on the document, even if he would receive a share of the property upon inheritance by law. This procedure for inheriting property has its own characteristics.

Inheritance by will

Most often, people inform their heirs about the existence of a will. The testator has the right to transfer the paper directly to the heirs or indicate in what place it will be located after its preparation.

Nevertheless, there are cases when close people of the deceased do not know about the existence of the document.

Information about the presence or absence of a will can be obtained from any notary after the death of the testator, having invested the established period.

The procedure of inheritance in Russia provides for the process of confirming the validity of a will with a notary, even in cases where the paper was handed over to the person by the non-testator in person.

Both if the heirs have or do not have a will, they need to contact a notary. The specialist will issue a duplicate of the document and confirm its authenticity. Only after this can you begin to formalize the inheritance, which will end within the time limits established by law.

In this case, potential heirs must provide the following documents:

• will (if any)
• death certificate;
• passports;
• documents confirming the degree of relationship with the testator.

Which persons can receive an inheritance?

If there is a will, only those people who are written in the document will have the right to inherit. Often, testators specify in their will exactly how much property an individual will receive upon their death. What to do if such information is missing? In such cases, things, a car or an apartment are divided equally between the heirs.

If some people wish to receive an apartment or other share of the inheritance, but their names are not indicated in the will of the deceased, they have the opportunity to try to challenge the will in court.

It is worth noting that achieving this will be quite difficult and only possible over a fairly long period of time.

This should be done with the help of an experienced lawyer and only if there is evidence necessary to invalidate the will.

It is possible to enter into an inheritance under a will not only for citizens, but also for foreigners, conceived and unborn children, legal entities, local authorities, the Russian Federation and other states. This cannot be done by people whose names are not indicated in the will (except for those who have the right to an obligatory share) and heirs who committed a crime against the testator to obtain his property.

Acceptance of inheritance

The inheritance procedure in the Russian Federation includes several steps, for the implementation of which there is a total period of six months:

• confirmation of the will;
• collection of documents;
• drawing up an application;
• obtaining a certificate of inheritance.

After receiving and confirming the will, the heirs must, within the prescribed time frame, contact the notary at the address where the apartment in which the testator most recently lived is located.

If the place of residence is unknown and the heirs are not clear where to go, then they have the opportunity to contact a specialist at the location of the inherited property.

This can be done any day after the death of the testator, but it is necessary to invest within the established time frame.

The heirs must draw up applications for acceptance of the inheritance. The notary will indicate the correct procedure for drawing up the document, provide a sample and charge a fee of 300 rubles for his services.

This can be done by the heirs themselves (from 14 to 18 years old only with the consent of the parents), their representatives with a power of attorney, as well as parents and guardians if a minor child receives part of the property.

Required documents

To inherit the property of a deceased person, the notary will need to provide the following documents within a certain period of time:

• a will confirming its validity;
• death certificate of the testator;
• a certificate confirming the place of residence of the deceased (if such information exists);
• a certificate of the location of the testator’s most valuable property, if his last place of residence is unknown.

It is not necessary to enter all the documents at once, observing a clear order. This can be done gradually, but you need to invest within a set period.

Entering into inheritance after the death of mother or father

Refusal of inheritance

People whose names are in a will have the right to relinquish their share of the property when the owner dies. Doing this is beneficial to persons who want to transfer their part of the inheritance to other relatives without resorting to drawing up a gift agreement.

In addition, in this way it is possible to refuse to fulfill the obligations of the testator. The rules of inheritance in the Russian Federation provide for the distribution of the share of property renounced by the person among other heirs of the property.

In order to renounce inheritance, individuals must also invest within a specified time frame.

When refusing an inheritance, a person can indicate to whose benefit his part of the property will be transferred. However, Russian legislation provides for a special procedure according to which such a procedure should take place.

If the deceased person bequeathed all his property and apartment to certain people, his share can only be transferred to another heir from the will. In the case where the owner has expressed his wishes only regarding part of the property, the heir may renounce his share also in favor of the heirs by law.

For example, a citizen has a wife and two daughters. He left a will for all his property - his own apartment and car, which after his death should go to his daughters.

In this case, the heiress can transfer her share exclusively to her sister.

If a citizen indicated only an apartment in the will, the rules of inheritance of the Russian Federation give the daughter the right to renounce her share in favor of her mother, even though her name is not indicated in the will.

Mandatory shares

The rules governing inheritance under a will provide for the existence of a group of persons who have the right to receive part of the property, regardless of whether they are indicated in the document. These include:

• Children of the deceased who are incapacitated or minors;
• Disabled parents and spouse of the testator;
• Dependents of the testator.

Such people have the right to receive at least half of the share that would be due to them under the rules of inheritance by law. To do this, relatives must contact a notary with documents confirming the above facts. This can be done until 6 months have passed after the death of the testator.

At the same time, they receive that part of the property that was not distributed by the terms of the will. The inheritance procedure in Russia also provides for the case when there is little or no such property. In such situations, the property will be withdrawn from the share of the heirs under the will.

It is important to understand that such a procedure is only possible until the day when the deadline expires and the property passes into the possession of the heirs.

Documents for inheriting a house and land

Time

The inheritance procedure in the Russian Federation provides for the existence of a period that must pass before the notary issues a certificate of the right to inheritance. According to the legislation of the Russian Federation, the period for registering an inheritance is 6 months, but it can be increased or decreased, depending on the circumstances.

This period is calculated from the day following the death of the testator. If a person goes missing, the period is calculated from the day following the court’s decision. You can submit documents to receive an inheritance on any day after the death of the testator.

The main thing is to do this before the six-month period ends.

Expenses

Inheriting property is not subject to taxation. Heirs are required to pay a state fee for notary services, which cannot exceed 1% of the price of the property. The amount will depend on the degree of relationship between the testator and heirs and the value of the property. This information is in the certificate from the BTI. The procedure for calculating the amount of state duty is as follows:

• for close relatives – 0.3% of the value of the property;
• for others - 0.6% of the value of the property, up to 1 million rubles;
• for beneficiaries – 0.15% and 0.3%, respectively.

Additional services and notary consultation are paid separately. When inheriting an apartment, you will need to pay a state fee at the registration authority of the Russian Federation.

Inheriting an apartment

The inheritance procedure includes an additional step in cases where the inherited property is an apartment, house or vehicle - it must be re-registered to the new owner. This needs to be done in the relevant authorities.

The procedure for registering a car with the traffic police is short - the process takes about one hour. You can register the apartment yourself, or this can also be done by a notary. The period for registration and execution of new documents is 10 days.

To do this, you need to provide additional documents:

• passport for the apartment;
• privatization agreement;
• extract from the Unified State Register.

When the registration period expires, the notary or the heir himself can pick up the documents at the Federal Registration Service.

How to inherit under a will: procedure

To find out when inheritance is entered into after death under a will in Russia and how this procedure occurs, you first need to familiarize yourself with the norms of civil legislation.

Not every person has inheritance rights, and the process itself can take place in two ways. To find out how much the tax costs when receiving a mandatory share of the inheritance, you should understand the presence or absence of kinship between the testator and his heirs.

Who can receive an inheritance?

To find out how to enter into inheritance rights, you must first clarify who may have these rights. After the death of the testator, the closest relatives of the deceased inherit the property by succession.

However, if there is a will, other citizens who are not related to the testator are also able to receive the obligatory share specified in the text of the document, if he indicated their names.

Inheritance procedure

The fifth section of the Civil Code (Chapter 61 to 65) regulates issues related to inheritance in Russia. To obtain this or that property, the successor must adhere to a certain algorithm of sequential actions for a specific period, after the expiration of which the citizen will not be able to lay claim to the property of the deceased.

To find out how to enter into inheritance under a will after the death of the testator, you should familiarize yourself with all the nuances of the procedure.

There are 2 ways to accept an inheritance in 2016:

• by sending an application for a certificate to a notary’s office on your own behalf or by proxy through a legal representative;
• performing certain actions symbolizing the actual acceptance of inheritance rights.

It should be noted that it is the first method that is most popular in Russia.

Receiving an inheritance through a notary office

A certificate of inheritance rights is an important document that can be obtained six months after the death of the testator or a little earlier, when the notary has no doubts about all persons who have rights to inheritance (Article 1163 of the Civil Code of the Russian Federation).

The execution of the document is also suspended in connection with a court order or until the birth of a child (already conceived) included in the will (third part of Article 1163 of the Civil Code of the Russian Federation).

Receiving an inheritance under a will in 2016 using the following procedure is possible:

• drawing up an application to obtain the appropriate certificate;
• collection of required papers;
• submitting a complete package of documentation to a notary in person or by proxy through representatives;
• payment of the appropriate state fee for issuing a certificate.

1. According to Article 1153 of the Civil Code of the Russian Federation, the necessary documents for entering into an inheritance include the heir’s passport and an extract about the place of his registration, a certificate of death of the testator, a will confirming the relationship of the paper (for relatives) and an application drawn up in one of two types - about the extradition certificates of the right to inheritance or the fact of its acceptance.
2. Sample application for acceptance of inheritance
3. Sample application for issuance of a certificate of inheritance
4. In this application, it is necessary to indicate the passport details of the heir under the will and the testator (including the date of his death, full name and last address of residence), and the desire to enter into an inheritance should also be identified.

All this documentation is provided to the notary at the place of last registration or location of the testator before the expiration of six months from the date of opening the procedure. To register certain types of property guaranteed to a citizen under a will, a specialist may also request other papers (for example, the result of an apartment appraisal).

Before receiving the certificate, you need to pay the appropriate state duty, i.e. tax upon entering into an inheritance, the exact cost of which depends on the degree of relationship between the heir and the testator.

Based on paragraph 22 of the first part of Article 333.24 of the Tax Code of the Russian Federation, close relatives (according to family law) contribute 0.3% of the total price of the inheritance received (the tax penalty cannot exceed one hundred thousand rubles), and distant relatives and other heirs - 0 .6% of the same price (the tax cannot be more than one million rubles).

The certificate is delivered personally to the applicant or his representative 6 months after the death of the testator, and in some cases earlier (Article 1163 of the Civil Code of the Russian Federation). Certain types of property are required to be registered in the unified Rosreestr (for example, the right to own a house).

Actual receipt of inheritance

Among the actions that relate to the actual entry into inheritance rights, the following are distinguished (second part of Article 1153 of the Civil Code of the Russian Federation):

• management of inherited property or its use;
• maintaining this property using your own funds;
• preservation of this property from encroachment and negative influence of other people;
• receiving money that other citizens should have given to the testator while he was still alive;
• payment of the testator's debts.

The procedure for entering into inheritance when performing certain actions specified in Article 1153 of the Civil Code of the Russian Federation:

• the first step is to show your intentions to enter into inheritance rights within six months after the death of the testator;
• collect and save documentation that would confirm your actions;
• send the papers along with an application containing a request for the issuance of a certificate of rights to inherited property;
• receive the document in person or with the help of a representative through a power of attorney, having previously paid the appropriate state fee for inheritance under a will.

Actions that are characterized as entering into an inheritance can be performed by the heir personally or by his immediate representative. Be sure to collect evidence of these actions (for example, certificates of residence in the inherited apartment and payment of utility bills).

If a citizen has accepted at least part of the property due to him, from a legal point of view, this means actual entry into inheritance under a will.

An application for the issuance of a certificate is sent to a notary within a period of up to six months after the death of the testator at the place of his last residence. An application for acceptance of the inheritance is not required, because the heir has already confirmed his desire through actions.

The amounts of the state duty for inheritance are the same as in the first type of procedure, i.e., in order to determine how much the tax payment costs, you should make sure of the presence or absence of family ties between the testator and his immediate heirs.

Process nuances

There are certain rules for inheritance:

• the opening of the procedure occurs on the day of the testator’s death (at the address of his last residence) or after the court’s conclusion declaring the person dead has acquired legal force;
• entry into inheritance is possible only within six months from the date of opening the procedure (Articles 1114 and 1154 of the Civil Code of the Russian Federation);
• To contact a notary, you must have all the required documents;
• in the absence of information about the existence of a will, any citizen can contact a notary’s office to clarify this information.

In some cases, the deadline for entering into inheritance may be extended when certain circumstances exist. If a citizen’s rights to inheritance under a will arose after the refusal of another heir, he has an additional 3 months from the end of the six-month period to register the inheritance.

If a citizen received his rights in connection with Article 1117 of the Civil Code of the Russian Federation, i.e. after the removal of an unworthy heir, he has an additional 6 months to register the inheritance in his favor. If a person missed the deadlines for good reasons, it is possible to restore them by filing a lawsuit in court.

It should also be noted that the certificate received at the notary’s office does not need to be certified. The heir only has to put his signature in the register of notarial acts.

Inheritance after death by will (inheritance) - enter into, formalize, right, father, husband, wife, when possible, procedure, deadlines

According to the law, you can receive an inheritance in two ways: by law and through a will.

A will is the most important way of transferring property as an inheritance to another person, regulated by the Civil Code of the Russian Federation.

It can be issued both in favor of relatives and in favor of any other person without family ties: a friend, neighbor, and so on. In this matter, the legislation provides the will-maker with freedom of choice.

However, in the process of accepting an inheritance, certain difficulties may arise. Therefore, a will must be drawn up very carefully, in advance, taking into account all the details and with the obligatory consultation of a specialist.

The document must be drawn up and certified by a notary, who will subsequently keep the original or at least an additional copy. There are situations when relatives or other heirs do not know about the existence of a will. Then the notary is entrusted with the function of informing everyone who is mentioned in the document about its existence and the will of the testator.

Depending on the situation, witnesses may need to be present when making or signing a will.

In addition, the testator, if desired, can appoint a person who will subsequently monitor the implementation of all points of the document and compliance with the listed conditions.

Only after all of them are realized, the heir will be able to receive the property bequeathed to him.

Persons who have a mandatory right to receive a share of the inheritance are:

• disabled children, as well as children who were minors at the time of the death of the testator;
• disabled mother and father of the will-maker;
• persons who were dependent on the testator (parents, grandmother, and so on).

A citizen is considered a minor until he turns 18 years old. And before this age, it is considered disabled, even if employed. If before this moment he has already created his own family, that is, got married and gave birth to a child, the right to inherit a share of the property still remains with him.

Both legitimate and adopted children of the testator have this right on an equal basis. A child whose biological parent is the deceased testator, born after his death, also has the right to an obligatory share of the inheritance, like all other children.

Disabled successors of the deceased testator may be:

Moreover, by the time of the testator’s death, the heirs must be 60 years old 55 for women . If there is a disabled group, the above persons are also considered successors of the testator.

If the applicant for an obligatory share of the inheritance is a dependent, he must be officially recognized as legally incompetent and provided for by the testator for at least a year before the death of the testator

How to register it

You need to contact a notary to register the receipt of an inheritance immediately after the death of the testator, since the will comes into force the next day after his death.

If the document is in the possession of the heir, he needs to have it verified by a notary for authenticity and validity.

The fact is that often, without the knowledge of the relatives, the testator changes any clauses, conditions and other details of the will, and may even cancel it altogether.

In cases where relatives do not have a will, but they have information about its existence, the document must be kept by a notary. You must contact the notary office at your place of residence or registration.

Notaries are authorized to conduct inheritance cases according to the territorial basis, as well as the first letter of the surname of the deceased. If the heirs do not know about the existence of the will, the notary himself will notify them and relatives, since after the death of the testator this is part of his duties.

After this, the heirs submit documents, the list of which depends on what kind of property they are inheriting. A complete list of additional documents must be checked with a specialist.

The main ones are the following:

• identification;
• original and copy of the death certificate of the testator;
• an application for inheritance drawn up by a notary in accordance with the law;
• papers confirming the heir's right to the bequeathed property.

After all the documents are provided to the notary, he is assigned a date for receiving the certificate of inheritance. When it is received, you will need to formalize state re-registration of the inherited property.

Inheritance procedure after death under a will

Entry into inheritance after death under a will occurs six months later, that is, six calendar months. At the same time, all applicants for the inheritance and its share apply to the notary's office, where the will was registered and which is engaged in executing the will of the testator.

It is necessary to fill out and notarize an application for receiving an inheritance, and also provide the notary with a package of necessary documents:

• passport or other identity document;
• death certificate;
• the original will (if it is in the hands of the heir);
• certificate of the testator from his place of permanent residence.

The notary checks the submitted documents for authenticity and validity. And if no complications arise, he issues a certificate of inheritance. The heir takes ownership only after the property transferred to him has been re-registered at the state level.

Details

To enter into an inheritance after death under a will, the heir must go through the appropriate procedure. That is, to perform certain actions conditioned by the intention to receive inherited property and take ownership. And also fulfill a number of conditions, if any in the will, necessary in order to enter into inheritance rights.

The procedure is as follows:

• contact the notary who kept, certified and authenticated the will;
• obtain from him a sample application for acceptance of inheritance;
• fill it out and certify it;
• provide a package of documents that are required to enter into an inheritance and receive a document confirming this (certificate);
• pay for notary services according to established tariffs;
• the notary sets the date of entry into the inheritance;
• receive a certificate on the designated date;
• register the right to inherited property.

Due dates

The first question that arises for the heir is: how and when will he receive what was bequeathed by inheritance and become the owner of what was bequeathed.

According to the norms of legislation, namely the Civil Code, the established period for entering into an inheritance is six calendar months.

At the same time, the period for registering an inheritance is not limited to six months and can be increased in the presence of certain conditions and circumstances of the case. For example, if the heirs of the first priority (wife or husband, children, parents) did not want to receive a share of the property transferred by inheritance, heirs of another priority can claim it. They have three months for this.

The debt is inherited, like other property of the testator. All property rights and obligations are included in the estate.

Why a certificate of inheritance under a will is issued - you can find out more in our material.

Sometimes it happens that the heir did not have time to contact the notary’s office with an application to accept the inheritance within the established six-month period. In this case, it is also possible to obtain bequeathed property through the procedure for restoring the entry period, which is carried out in court.

In order to go to court to restore the deadline for entering into an inheritance, you must have serious reasons. Since there are no legally approved reasons for performing this procedure, the court itself determines how valid it is.

That is why the reasons must be objective, for example:

• disease;
• long business trip;
• being in military service.

After a positive decision has been made by the judicial authority, the notary reopens the inheritance case.

Going to court can be avoided. To do this, it is necessary to obtain the consent of everyone who has already entered into the right of inheritance, formalize it in writing and notarize it. After this, the notary cancels all previously issued certificates of inheritance rights, and the property mass of the testator is distributed anew according to new circumstances.

Everyone is informed that the shares will be reviewed and redistributed before obtaining consent to restore the period for entering into inheritance, and after re-registration of the procedure, all heirs are issued new certificates

Paying tax

When inheriting property, you must pay a state fee, and in some cases, a tax. It all depends on what exactly was inherited under the will.

The state fee is paid upon receipt of a certificate of inheritance and depends on who the testator’s heirs are, namely:

Immediate relatives (parents, husband or wife, grandparents, grandchildren)

Required to pay 0.3% of the total value of property transferred into ownership as an inheritance under a will. The maximum payment in this case is 1000 rubles .

The remaining heirs (regardless of the presence or absence of any degree of relationship)

They pay an amount of 0.6%, but not more than one million rubles. If you inherit an apartment, its value is determined by the cadastral authority or prices on the real estate market. To correctly indicate the value of real estate, you must use certificates obtained from the BTI. An heir who lived on the same square as the testator, and also continues to live there, must pay nothing except a state duty of 1000 rubles .

The heir is obliged to pay tax to the state if, according to the will, he receives:

• real estate: dacha, apartment, house, garage, land plot;
• movable property, namely a car or other vehicle, jewelry, antiques;
• commercial papers: shares, assets, etc.;
• funds reimbursed under an insurance or pension fund agreement;
• money from a bank account.

Some persons are exempt from paying taxes and state duties, regardless of what they inherited.

They are:

• heroes of the Soviet Union;
• WWII participants;
• disabled people of the first and second groups;
• disabled children.

Failure Cases

The heir indicated in the will as the recipient of the testator's property has the right to refuse it, including in favor of another person. If the refusal occurs on its own, not in anyone’s favor, the inheritance of the property mass of the deceased occurs according to law.

In order to formalize the refusal of inheritance under a will in favor of another person, it is necessary to draw up a corresponding application. It does not have a clearly established pattern.

But since in the future the application will serve as a document for entering into the right of inheritance, it must meet certain requirements:

• it is impossible to prescribe conditions under which the right of inheritance will pass to another person;
• You can only refuse the entire inheritance, and not part of it;
• It is impossible to cancel a completed refusal.

The completed application must be certified by a notary and registered, after which the state fee is paid. After this, the refusal cannot be canceled even through the courts.

Only the heir named in the will can formalize the refusal. However, he cannot deprive the guaranteed share of the inheritance that is due to the testator’s minor children, disabled parents or dependents.

The heir who submitted the application for acceptance will have to submit another application to obtain a certificate of right to inheritance.

Algorithm and timing of inheritance under a will

A will is an opportunity, at the request of the person who left this world, to fairly divide his property among the remaining heirs. This document is the only way to express the will of a deceased person. Registration of an inheritance under a will becomes possible for heirs only when the will has been notarized.

A will is a unilateral act, since only one person, the deceased, participates in its preparation. At the time of drawing up this document, it is important that the drafter is mentally healthy and competent. The testator is the person who bequeaths his property, and the heir is the person who receives the property under the will.

Terms of inheritance

Persons who have committed intentional unlawful acts against the testator or one of his heirs or who have interfered with the implementation of the testator’s last will as written in the will have no right to inherit, both by will and by law. Examples of such actions may be murder or attempted murder of the testator or his heirs, illegal actions in relation to bequeathed property. In this case, these persons are recognized as unworthy heirs in court.

If you become an heir under a will, it would be useful to find out the timing of inheritance. To receive it, you cannot delay the deadlines and paperwork.

The timing of entering into an inheritance under a will is regulated by Article 1154 of the Civil Code of the Russian Federation (for more information about the timing of entering into an inheritance and the limitation period under a will, read the article https://nasledstvo.today/2789-srok-iskovoi-davnosti-po-zaveshhaniyu-srok- vstupleniya-v-nasledstvo-otlichiya-poryadok-vosstanovleniya-srokov). Relatives are given a short period of time to enter into inheritance - 6 months from the date of opening of the inheritance. The opening day is the date of death of the testator or the day on which he was declared dead by a court decision.

In the event that the heir himself refuses to enter into the inheritance for various reasons, or he is excluded from inheritance by the court, the next heirs in order are also given 6 months to enter into the inheritance. If the heir does not accept the inheritance within the period allotted for this, then the next heirs in line have three months to enter into the inheritance after death under the will.

If for any reason the deadline for entering into inheritance rights under a will has been missed, then to restore it you need to go to court. If necessary, you can restore the date of entry into inheritance using a special algorithm.

Documents for receiving inheritance

To receive an inheritance under a will, you need to come to a notary with a certain set of documents. Heirs must provide:

• application for acceptance of inheritance;
• passports of heirs; death certificate of the person who made the will;
• certificate from the place of registration (from the last place of registration);
• a receipt confirming that the state duty has been paid.

The above list of documents is standard for the procedure for entering into an inheritance under a will. The notary will accept all documents along with the application for consideration and, if necessary, will require the following additional documents (the list of documents depends on what type of property is being inherited):

• when it comes to a car, it is necessary to provide the notary with a certificate of registration of the vehicle;
• if a deposit in a bank is inherited, then it is necessary to provide a passbook or bank account number, it is also important to clarify the name of the bank and its location;
• When transferring shares by inheritance, the notary must provide an account statement and a report on the value of the shares. When transferring real estate as an inheritance, you must provide evidence of ownership of the apartment or house.

Please note: in the case when the application for acceptance of an inheritance is not handed over personally to a notary, but through a proxy or sent by mail, the applicant’s signature must be notarized. This option is possible if the heir lives in a place different from the place of the inherited property.

The notary, at his own discretion, has the right to require the provision of other documents. In some cases, an additional document becomes confirmation that the previous heir refused to enter into the inheritance. If property needs to be distributed evenly among several heirs, then it will need to be appraised. This is necessary to find out its market value.

Algorithm for receiving an inheritance

The procedure for entering into inheritance under a will is regulated by the Civil Code of the Russian Federation. This regulatory document describes the procedure for inheriting an apartment under a will, which is carried out in one of 2 possible ways:

• Registration and then transfer of inheritance to a person who has the rights to perform notarial acts.
• Carrying out transactions with property transferred by inheritance, which become authentic evidence of its acceptance. Such operations are approved in Article 1153 of the Civil Code.

Only receiving a certificate of inheritance is proof of its acceptance. The first method of accepting an inheritance is the most reliable, since there is no need to prove the legality of the actions taken.

A person who has reached the age of 14 has the right to apply for acceptance of an inheritance without the consent of his parents or guardians. On behalf of young children and incapacitated persons, the application is submitted by parents (adoptive parents) or guardians.

The inheritance algorithm is as follows:

1. The first step will be to collect all the documents necessary for this to transfer them to the notary.
2. Then you need to contact a notary and draw up an appropriate application for inheritance. It, along with all the necessary documents, is also transferred to the notary.
3. Pay the state fee.
4. Complete the transfer of ownership. This occurs 6 months from the date of opening of the inheritance. The day of opening of the inheritance is the day of the testator’s death. Entry into rights under a will occurs at the time of opening of the inheritance, but property can be disposed of only when all documents for the inheritance are notarized. How to register an inheritance for an apartment under a will, read here.
5. When real estate is given as an inheritance, after completing all the documents with a notary, you need to contact Rosreestr with a passport and a certificate of the right to receive an inheritance.

State duty

The amount of state duty affects the cost of entering into an inheritance under a will; there is no other tax on property under a will. To obtain a certificate of the right to inheritance under a will, you must pay a state fee. Its size varies and depends on who receives the inheritance.

• When the heirs are the spouse's children, parents, sisters and brothers, and grandchildren of the testator, the state duty is paid at the rate of 0.3% of the market value of the property. The amount of the state duty in such cases should not exceed 100,000 rubles.
• For other heirs, the amount to pay the state duty is 0.6% of the value of the property. The amount of the state duty in such cases will not exceed 1,000,000 rubles.

Refusal to issue a certificate of inheritance rights occurs when the notary determines that the will was executed in violation of legal norms.

Mandatory share

Individuals always receive an inheritance after the death of the testator. These include:

• minor children of the testator;
• incapacitated parents;
• spouse;
• dependents;
• disabled children of the testator.

In terms of size, the obligatory share will be no less than 50 percent of the share that is due to the heir by law. The obligatory share is represented from the remains of untested property or (if there are no remainders) from property that was bequeathed.

How to receive an inheritance after the death of the testator: by law and by will

Receiving an inheritance after death is a procedure that is fully regulated by the Civil Code of the Russian Federation. It is also subject to Federal Law, and the payment of state duty is prescribed by the Tax Code of the Russian Federation. Receiving an inheritance is carried out in two mutually exclusive ways: by law or by will.

Every citizen has the right to dispose of property at his own discretion, including the right to bequeath it. Despite the fact that everything is precisely prescribed by law, receiving an inheritance by successors after the death of the testator is a very complex process, especially receiving an inheritance under a will.

Let's consider the process of receiving an inheritance by will and by law, after the death of the father and mother, the timing of inheritance and the necessary documents.

Receiving an inheritance by will

The will determines the circle of persons to whom the inheritance is transferred.

For your information! Along with property and cash, the debtor’s obligations are also transferred, for example, debts to credit institutions or individuals.

Receiving an inheritance under a will has a predominant effect. That is, if there is a legal document signed by the deceased and certified by a notary, property and liabilities are distributed in accordance with it, and not in order of priority according to the law.

You should know that it is possible to prove the invalidity of the deceased’s documentary order. The features of such a document include:

• lack of signature of the testator;
• lack of a notary's signature;
• evidence that at the time of drawing up and signing the will, the deceased was incapacitated due to serious illness, mental confusion, or was under physical or psychological external pressure.

Only a court has the right to recognize the invalidity of a person’s last will.

Any of the following may be legal successors under a will:

• individuals and legal entities;
• international companies;
• the state, its subjects, as well as foreign countries;
• children of the deceased born after his death.

This could be a complete stranger to the deceased: a neighbor, an acquaintance. If the deceased indicated it in the will, then even despite the presence of legal successors, he receives property and obligations. An exception may be cases where the will is drawn up for part of the property, as well as a guaranteed share for disabled dependents.

Receiving an inheritance after death according to law

Unlike a testamentary document, receiving an inheritance by law does not provide for a clear list of heirs. Possessions are distributed in accordance with the order adopted by the Civil Code.

The closest relatives and people who have the advantage of receiving the property of the deceased are the testators of the first priority. If they are absent or deemed unworthy, the right of ownership of the deceased is transferred to the next in line, and so on. In addition, legal heirs have the right to refuse the inheritance.

Important! Unworthy heirs are persons who deliberately carried out illegal actions to the testator or other legal successors. This fact is confirmed in court through the collected material evidence.

Disabled persons who were dependent on the deceased for at least a year before his death have a guaranteed share. Moreover, the volume of the obligatory share is not affected by the fact whether the dependent lived with the testator or not. Confirmation of financial assistance is sufficient.

Heirs by nomination

If for some reason the representatives of any of the queues are not suitable, refuse or they simply do not exist, receiving the inheritance after death is transferred to the heirs “by nomination”. In simple words, these are representatives of legal successors who died even earlier than the testator or at the same time as him. The main condition: if he were alive, he would have inherited

Representatives are also divided in order of priority:

• first: grandchildren;
• second: nephews;
• third: cousins/sisters.

Heirs by representation have priority over persons of a lower category. So, for example, representatives of the heir of the first category have advantages over ordinary heirs of the second category.

Entry into inheritance

The law determines that entry into inheritance rights is carried out within six months from the date of its opening . Such a day is the death of the testator or an officially made court decision declaring the citizen dead. The term of entry into rights may be increased or shortened.

The period increases due to the fact that the successor, for good reasons, did not have the opportunity to enter into the inheritance or was not aware of it. If the shares of the property have already been distributed according to the law, but another heir appears after the expiration of the acceptance period, he may be refused.

Even documentary evidence of valid reasons will not advance the deadline if at least one of those who assumed the property and obligations refuses.

What documents are needed to enter into an inheritance?

Depending on the property that is transferred to the heirs after the death of the testator, the necessary package of documents is established.

The main set includes:

• confirmation of the death of the testator (court decision or certificate);
• personal passport of the heir;
• extract from the place of registration of the deceased;
• documents for the property (certificate or extract from the Unified State Register for real estate, registration certificate for a car).

An additional set will be valuation documents (real estate value, car valuation report, etc.)

If entry into inheritance after death occurs according to law, the fact of the heir’s relationship with the deceased is provided.

Process nuances

Despite the fact that receiving an inheritance after death is exempt from tax, you must pay a state fee when receiving the certificate.

The amount of the duty depends on the category of heirs:

• close relatives pay 0.3% of the total amount of property received. Limit – 100 thousand rubles;
• other categories – 0.6% with a maximum threshold of 1 million rubles.

In addition, certain categories are exempt from payment when receiving an inheritance:

• incompetent and incapacitated;
• persons who lived with the deceased and continue to do so after his death;
• the testator died while performing military and government tasks;
• persons who received insurance benefits for the death of the testator, as well as bank accounts and pension payments.

Inheritance issues have many nuances that ordinary citizens cannot guess about. For example, notaries are not required to notify potential heirs of the existence of a will. On inheritance issues, it is better to get a free consultation from our inheritance lawyer.