Read what happens if you miss the deadline for entering into an inheritance - 6 months, is it possible to restore the deadline and what awaits property that no one inherited.
In my practice, I often encounter the fact that heirs miss the deadline for accepting an inheritance and then ask for help. This happens for various reasons. Legal illiteracy, reluctance to deal with this issue, with the idea that everything will go to them automatically.
But, unfortunately, this is not entirely true. According to the law, inheritance does not pass to us automatically. It does not matter on what basis you are an heir: by law or by will.
I’ll tell you in more detail what will happen if you don’t inherit within 6 months.
The deadline for accepting an inheritance and the consequences of missing it
Article 1154 of the Civil Code of the Russian Federation establishes a six-month period for accepting an inheritance. The same period is provided for refusal.
It should be noted that the deadline can be restored only for accepting an inheritance, but not for refusing.
Let's figure out what consequences await you if for some reason you missed the deadline and did not accept the inheritance.
To begin with, I would like to note the following: there are several options for the development of events when the deadline for accepting an inheritance is missed. Let's start with the simplest and least time-consuming and nerve-wracking.
Actual entry into inheritance
- There is such a thing in law as actual acceptance of an inheritance.
- It means that the heir is considered to have accepted the inheritance if he has performed actions that indicate the actual acceptance of the inheritance.
- Namely, he did the following:
- took possession or management of inherited property;
- took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
- made at his own expense expenses for the maintenance of the inherited property.
Naturally, all these actions must be documented. For example, receipts for payment of utilities or a certificate of cohabitation with the testator.
If the heir has committed actions indicating the actual acceptance of the inheritance, then the law in this case does not require the mandatory submission of an application for acceptance of the inheritance to a notary.
But it should be noted that such actions must be performed within the period established for accepting the inheritance, that is, within 6 months from the date of death of the testator.
The law does not limit the period within which an heir can apply for a certificate of inheritance. This applies to both those who actually accepted the inheritance and those who accepted on the basis of an application for acceptance of the inheritance.
Restoring the deadline
The law defines seven lines of heirs. If no one from the first line applies to accept the inheritance, then this right passes to the heirs of the subsequent lines.
In this case, the period may be extended by 90 days. Persons can also restore the term in court.
If an inheritance case has been opened, but not all heirs have submitted an application to accept the inheritance, then the heirs who missed the deadline can accept the inheritance with the consent of those who have already accepted it within the established period.
What happens when there are no heirs?
If all heirs are missing, then the algorithm of actions is determined by Article 1151 of the Civil Code of the Russian Federation. The property is recognized as escheated and transferred to the ownership of the state. In particular, the municipality to which it belongs.
If the circle of heirs is determined, but they do not apply to accept the inheritance, then in this case the inherited property is transferred to a notary for the purpose of its protection.
Is it possible to restore rights through court?
There are cases when none of the heirs accepts the inheritance for a very long time.
In such a situation, judges often refuse to satisfy the claim for restoration of deadlines, recognizing the reason for missing the deadline as unjustified. As a result, the heirs lose property.
Restoring rights through the court is a complex process that includes:
- collection of documents;
- filing a claim;
- attachment of various references to it.
The judge's decision is made only after reviewing all documents. You can challenge the court's decision, but a positive outcome in such a case is unlikely.
For this reason, it is better not to break the law and comply with the deadlines. If a person actually used the property, he will also have to go to court.
Read what happens if you miss the deadline for entering into an inheritance - 6 months, is it possible to restore the deadline and what awaits property that no one inherited.
In my practice, I often encounter the fact that heirs miss the deadline for accepting an inheritance and then ask for help. This happens for various reasons. Legal illiteracy, reluctance to deal with this issue, with the idea that everything will go to them automatically.
But, unfortunately, this is not entirely true. According to the law, inheritance does not pass to us automatically. It does not matter on what basis you are an heir: by law or by will.
I’ll tell you in more detail what will happen if you don’t inherit within 6 months.
The deadline for accepting an inheritance and the consequences of missing it
Article 1154 of the Civil Code of the Russian Federation establishes a six-month period for accepting an inheritance. The same period is provided for refusal.
It should be noted that the deadline can be restored only for accepting an inheritance, but not for refusing.
Let's figure out what consequences await you if for some reason you missed the deadline and did not accept the inheritance.
To begin with, I would like to note the following: there are several options for the development of events when the deadline for accepting an inheritance is missed. Let's start with the simplest and least time-consuming and nerve-wracking.
Actual entry into inheritance
- There is such a thing in law as actual acceptance of an inheritance.
- It means that the heir is considered to have accepted the inheritance if he has performed actions that indicate the actual acceptance of the inheritance.
- Namely, he did the following:
- took possession or management of inherited property;
- took measures to preserve the inherited property, protect it from encroachments or claims of third parties;
- made at his own expense expenses for the maintenance of the inherited property.
Naturally, all these actions must be documented. For example, receipts for payment of utilities or a certificate of cohabitation with the testator.
If the heir has committed actions indicating the actual acceptance of the inheritance, then the law in this case does not require the mandatory submission of an application for acceptance of the inheritance to a notary.
But it should be noted that such actions must be performed within the period established for accepting the inheritance, that is, within 6 months from the date of death of the testator.
The law does not limit the period within which an heir can apply for a certificate of inheritance. This applies to both those who actually accepted the inheritance and those who accepted on the basis of an application for acceptance of the inheritance.
Restoring the deadline
The law defines seven lines of heirs. If no one from the first line applies to accept the inheritance, then this right passes to the heirs of the subsequent lines.
In this case, the period may be extended by 90 days. Persons can also restore the term in court.
If an inheritance case has been opened, but not all heirs have submitted an application to accept the inheritance, then the heirs who missed the deadline can accept the inheritance with the consent of those who have already accepted it within the established period.
What happens when there are no heirs?
If all heirs are missing, then the algorithm of actions is determined by Article 1151 of the Civil Code of the Russian Federation. The property is recognized as escheated and transferred to the ownership of the state. In particular, the municipality to which it belongs.
If the circle of heirs is determined, but they do not apply to accept the inheritance, then in this case the inherited property is transferred to a notary for the purpose of its protection.
Is it possible to restore rights through court?
There are cases when none of the heirs accepts the inheritance for a very long time.
In such a situation, judges often refuse to satisfy the claim for restoration of deadlines, recognizing the reason for missing the deadline as unjustified. As a result, the heirs lose property.
Restoring rights through the court is a complex process that includes:
- collection of documents;
- filing a claim;
- attachment of various references to it.
The judge's decision is made only after reviewing all documents. You can challenge the court's decision, but a positive outcome in such a case is unlikely.
For this reason, it is better not to break the law and comply with the deadlines. If a person actually used the property, he will also have to go to court.
What happens if you do not enter into inheritance within 6 months in 2023
Every relative who, for one reason or another, has overstayed the period established by law, is interested in the question of what situation will arise if he has not entered into an inheritance within 6 months, and what will happen to the rights to receive property: does such a citizen lose them and is it possible? get back lost time. Let's consider what actions need to be taken in order to once again be on the list of applicants for the share left by a deceased relative as an inheritance for an apartment or other property.
How long can you avoid inheriting?
Family law provides for two ways to obtain property. Both depend on the will of the deceased for persons to receive property belonging to him:
- Based on the testator's will . The owner took care of the future fate of the property and disposed of it independently, drawing up documents with a notary. Objects are distributed among specified persons, regardless of family closeness to the deceased.
- In law . In the absence of a legitimate document confirming the will of the deceased, the division of property is carried out according to the degree of relationship. Applicants for property receive equal shares in accordance with the order established by the Family Code.
Regardless of the method of receipt, the heir has 6 months to take ownership.
This period includes actions to provide the required documents, pay the fee, contact a notary and obtain a certificate of inheritance.
The beginning of the period is the date of death of the testator indicated in the death certificate; if the date is not known, it is established by the court based on the circumstances of the consideration of a particular case.
In addition, there are 2 main ways to join:
- Submitting an application to a notary . For full entry, it is necessary to attach documents confirming the relationship with the deceased during succession of succession, or the text of the will if there is an expression of the will of the former owner. The applicant for property does not always have a complete set of necessary documentation, and it takes some time to collect it. In order for a specialist to open a case, it is necessary to at least indicate the intention by submitting an appeal.
- Actual entry into law . A similar process is provided for by civil and family law, when a citizen begins to use the property and bear responsibility for the property. That is, in the case of an apartment, he pays taxes and utility bills and maintains housing. If such ownership is not disputed by any of the relatives or they are in no hurry to declare themselves, the property can be registered in the name of a citizen who has assumed current responsibility. This happens in court.
If no one inherits, to whom does the property go?
Let's consider what to do if the heir has not entered into the inheritance within 6 months. It should be noted that the notary does not have information about the deceased and their property. Such information is not distributed among offices. That is why the recipient of the property should contact a specialist with a request to open an inheritance case.
If the heirs do not enter into inheritance within 6 months, then the property is divided in equal shares between relatives according to the order of priority established by family law. A different period of time has been allocated for the procedure, which is 3 months. During this period, family members must declare their intentions by contacting a notary.
A similar process occurs in the case when the heirs of the first priority renounce their ownership rights. For example, if they do not want to enter into an inheritance.
Then applicants for property become applicants of the second priority, etc., in accordance with the list of kinships. The three-month period of time does not occur for each new stage.
Therefore, it is logical to declare your intention to exercise your rights to property immediately after six months after the death of the testator.
If the heir of the first priority has not entered into the inheritance, and after 9 months no one else wants to become the new owner, the property receives the status of escheat and becomes the property of the state. There are features of the procedure:
- the state is obliged to accept the property without refusal;
- the personal property of the deceased from the category of housing and land is transferred to the balance of the municipality, other property belongs to federal ownership;
- the period for entering into inheritance begins to flow again, i.e. it is also six months as initially.
After accepting the property of the testator, the tax authority registers it, then it is assessed and sold. The funds go to the budget of the level to which the state body that owns the property belongs.
The state can begin the registration procedure after six months. However, the actions of authorized persons become meaningless if one of the relatives applies within the established three-month period.
Therefore, the authorities prefer to wait a full 9 months so that the heir under the will does not enter into the inheritance.
The legislation establishes that a citizen is obliged to take ownership of property in full. That is, you cannot select some property from the list and take possession exclusively, for example, of an apartment. Not only the rights of the deceased are transferred, but also his obligations. In this case, inheritance occurs in equal shares (if carried out according to the legal rule of priority).
In this regard, there are often cases when the heir does not want to enter into an inheritance. To avoid delaying time, he can refuse what he has bequeathed or inherited.
In this case, further claims to the property are excluded for him. Let’s also assume the “silent mode”. That is, a relative has the right not to notify of his intention to receive property for use.
After the specified time, the property is automatically recognized as unclaimed.
What happens if a person does not enter into an inheritance within 6 months or several years
As proven by judicial practice, one of the most common grounds for failure to apply remains ignorance of the death of the testator. In addition, other scenarios are possible.
Sometimes the heir does not declare his rights for several years. It is not recommended to delay the application date for such a long period, since the new owner can resell the property or dispose of it in another legal way.
In this case, the claims cannot be satisfied.
What to do if you didn’t inherit the inheritance on time
Having learned about the share due to him, the potential owner wonders what can be done to return the right, even if six months have already passed, and whether this can be done legally.
If you didn’t inherit the inheritance on time, let’s take a closer look at what to do. There are two possible solutions to the problem:
- Voluntary consent of the remaining participants to restore entry into the division process. The expression of will must be recorded by a notary. Such developments remain rare in practice. Relatives most often wish to receive a larger share of the property left by the deceased.
- Restoring the deadline for accepting an inheritance during a trial. The most common option is when the heir missed the deadline. If the applicant can prove that the reasons for absence are valid, then the period for obtaining a certificate of inheritance can only be restored through the court.
First of all, it is worth finding out the following: if the heir under the will does not accept the inheritance, who inherits the right to the property. And then try to negotiate with other relatives on voluntary consent to be included in the inheritance.
To do this, the heirs of the corresponding order express their consent in writing, after which it is certified by a lawyer in the presence of all participants.
Having received such a document, the notary redistributes the shares of the inherited property and replaces the certificates issued earlier.
Once the relatives’ disagreement with the redistribution becomes obvious to the applicant for the share, he needs to file a claim in court. You should not delay the decision and wait until the last answer from your relatives. As soon as the reason why the heir could not contact the notary has been eliminated, he must file a statement of claim.
If you do not inherit within 6 months, the statute of limitations, according to the provisions of the Civil Procedure Code, will be 3 years.
According to the latest amendments made to the legal act, the maximum period during which the applicant has the right to apply to the court is 10 years.
The countdown of the period begins from the date of opening of the inheritance case or from the moment the reasons preventing contacting a lawyer are eliminated.
An important point when challenging the reinstatement of a deadline is whether the reason for missing it is valid. The law does not establish a list of grounds that are considered acceptable. In each specific case, the court determines the possibility of restoring the period of entry into the list of future owners based on the circumstances of the case. Most often, valid grounds and reasons include:
- ignorance of the death of the testator;
- long business trip or inability to contact a lawyer due to unforeseen family circumstances;
- prolonged illness of the applicant;
- other situations that prevent conversion and are independent of the will of the heir.
The main criterion for classifying a reason as valid can be considered the independence of its occurrence and duration from the wishes of the heir. If a citizen is unable to eliminate the problem and it does not depend on him and is not caused by him, then the court will most likely take the side of the plaintiff and restore the right to inherit.
Preparing for trial
Correct preparation of the statement of claim, as well as a complete package of information confirming the applicant’s position, guarantee half the success at the hearing. A citizen who is not aware of the legal intricacies can turn to a professional to receive both telephone advice and full support for the claim.
According to the norms of civil procedural legislation, in an inheritance case there are 2 types of considerations:
- In a simplified form, when there are no other applicants for membership from among relatives, and the notary refuses to issue a certificate. The hearing is conducted in a special proceeding. During the meeting, the fact of acceptance of the property is recorded.
- Full-fledged claim proceedings. This type of consideration is much more complex and lengthy than the previous one. Applies to the presence of heirs who have assumed rights due to the plaintiff missing a six-month period. Since the rights of the new owners are affected by the restoration of the applicant for inheritance, the hearing is held in the manner of claim proceedings, the circumstances of the case are assessed and the opinions of the parties are heard.
Having assessed the need to restore the entry period and received advice from an experienced lawyer, the heir is ready to file a claim. In addition to collecting documents and writing the request, you must pay a state fee. The amount of payment depends on the form of production.
To be considered under a special process, it is enough to pay 300 rubles. But the statement of claim will require a much more significant contribution to the budget. The amount of the duty depends on the value of the subject of the dispute and is determined by the Tax Code of the Russian Federation, namely, Art. 333.19. The maximum payment cannot exceed 60 thousand rubles.
If the amount of the fee is incorrect, the court will make a decision to postpone the proceedings, and a letter will be sent to the plaintiff with a proposal to eliminate the discrepancy with the requirements of the law. Having confirmed the payment of the missing amount, the plaintiff can count on the opening of proceedings in the case.
Statement of claim
The written form of the document is the starting point, a prerequisite for filing a claim. The Civil Procedure Code sets out the requirements for the form and content of the application. It should include the following information:
- The header indicates the name of the judicial authority to which the paper is sent. The hearing takes place in the district courts at the place of registration of the plaintiff. If the subject of the dispute is real estate, then the petition must be submitted to the court district at the place where the inheritance was opened or where the apartment (land plot) is located.
- Information about the plaintiff and his contact details, including the need to provide information about the citizen’s authorized representative or his representative.
- Information about the defendants in the case.
- The circumstances that led to the need to go to court, an indication of the applicant’s rights, which, in his opinion, were violated by the actions of the defendants.
- Link to pre-trial actions. In inheritance cases, these include an appeal to a notary and his written refusal to enter into law due to missing a regulated period.
- A statement of the circumstances of the case, i.e. justification that the reasons that led to the delay in filing did not depend on the heir and could not be eliminated by him. This item requires a particularly detailed presentation and the attachment of supporting documents.
- Plaintiff's claims. In one application, a citizen has the right to make several requests, for example, restoration of the period for entering into inheritance, redistribution of shares, recognition of the right itself.
- Inventory of accompanying certificates and certificates.
- Citizen's signature.
The claim, drawn up in accordance with the rules of law, is accepted by the judicial authority, and proceedings on the case are opened. A meeting is scheduled to which interested parties are invited. Notifications of the date and time of the process are sent to individuals via mail. The same notice contains a list of papers required for consideration.
To participate in the process, you must have identification papers with you, as well as a power of attorney to represent interests with the participation of a third-party specialist.
Basic and additional papers
In addition to the actual appeal to the court, an heir who wishes to participate in the distribution of shares despite missing the established time must provide a receipt for payment of the state fee. These two documents are among the main ones, without which it is impossible to begin production.
In the event that the application is written by a representative of the heir, it is mandatory to attach a power of attorney to perform the mentioned action. In this case, a lawyer can only draw up a claim, but not participate in the process itself. Or, on the contrary, carry out the entire procedure to the end. The entire list of entrusted actions must be mentioned in the form.
In addition to the mandatory ones, it is in the interests of the plaintiff to attach papers confirming his arguments set out in the appeal.
It can be:
- documents on pre-trial activities carried out, i.e. the notary’s refusal to provide a share;
- papers confirming the applicant’s absence from the country within the period established by law for entering into inheritance;
- testimony of persons ready to confirm the heir’s ignorance of the death of a relative.
Documents confirming the heir's arguments may be attached to the statement of claim or submitted to the judge during the hearing. It is worth noting that in case of a possible appeal of the decision in higher courts, i.e. when filing an appeal, only the papers available in the case at the first instance stage will be considered.
What to do if the deadline for entering into inheritance is missed?
If the heir does not enter into inheritance within 6 months
Home » Inheritance » If the heir does not enter into inheritance within 6 months
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Inheritance is a complex and confusing process, and also limited in time. Often there is a situation in which the heir does not have time to enter into inheritance on time. Let's look at how to correct the situation and do everything right.
How long can you avoid inheriting?
The officially recorded death of a person means the opening of an inheritance. From this moment on, all heirs have exactly six months, during which they are required to apply to a notary for a certificate of inheritance.
An exception is made for those persons who did not have the right to inheritance in accordance with the Civil Code of the Russian Federation, Article 1117, but subsequently received it. If the heirs of the previous line refuse or lose their right to inherit, people from the next line are given 3 months, even if 4 or more have passed since the moment of death.
What to do if you didn’t inherit the inheritance on time
If a person did not manage to enter into an inheritance within six months, he has only two options: negotiate with other heirs or try to rectify the situation through the court.
Agree with heirs
This option can only be implemented if there are other heirs claiming the same property as the person who missed the deadline. In addition, they must voluntarily agree to review the rights they have acquired. In practice, rarely does anyone agree to these conditions. In this case, the person will have to lose part or all of the property that he has already considered his.
This option is not suitable if there is only one heir.
Procedure
- Ask all heirs for consent to include the heir who missed the deadline in the list.
- Obtain a new certificate from a notary.
- Register your own rights in accordance with the new data.
Download a sample consent of the heirs for the revision of the inheritance
Procedure and features
The consent must be drawn up by each heir separately and purely voluntarily. This can be done either from a notary who was previously involved in issuing a certificate in this matter, or from any other. In the latter case, consents must be sent through third parties or by mail to the first notary.
When sending consent by mail or transferring it through third parties, the heir’s signature must be notarized. Alternatively, any person who has the right to certify a power of attorney or perform notarial acts can attest (Article 1125 of the Civil Code of the Russian Federation, paragraph 7).
After receiving all consents, the notary cancels the previously issued certificate of inheritance and issues a new one, taking into account the changes that have occurred. It can also be used to make changes to the ownership of real estate. After this, all that remains is to take back what is due by law and re-register your rights.
List of documents for a notary using the example of inheriting an apartment:
- Passport.
- Death certificate.
- Certificate of everyone registered in the apartment.
- Birth certificate or other document that can prove relationship with the deceased.
- Documents of ownership of real estate.
- Explication from the BTI and assessment of the apartment.
- Extract from the Unified State Register of Real Estate.
- Statement of arrears for payment of an apartment.
- Will (if any).
Resolve the issue through court
This option is much more common. It is relevant for situations where the heir missed the deadline for truly valid reasons.
Causes
According to Article 205 of the Civil Code of the Russian Federation, valid reasons mean:
- Illiteracy.
- Helpless state.
- Serious illness and other reasons directly related to the personality of the heir.
At the same time, the following are not considered respectful:
- Lack of information about the composition of the inheritance.
- Ignorance of legislation, regulations and deadlines.
- Short-term health problems.
Trying to obtain inherited property through the court without good reason is pointless.
Procedure
- Prepare a statement of claim in accordance with the Code of Civil Procedure of the Russian Federation, Article 131.
- Prepare a list of required documents.
- Submit an application and documents to the court.
- Get a court decision.
- Register new property rights taking into account the changes that have occurred.
Download a sample statement of claim for restoration of the right to inheritance
A statement of claim may contain many nuances, depending on the current situation, the composition of the inherited property and other factors. It is recommended to trust an experienced lawyer in this matter.
Procedure and features
Disputes about inheritance are considered as litigation, in which all other heirs become defendants. If there are none, the defendant is a municipality, entity or state.
The claim must be filed in the court located at the defendant’s place of residence.
If it cannot be established for some reason, the judicial authorities located at the place of registration of the property or the last known place of residence of the defendant will be suitable.
If there are several such persons, then you can choose the place of residence of any of them. When inheriting real estate, an application must be sent to the court at its location.
When the court makes a decision, it will indicate the shares of the heirs. Previously issued certificates/certificates will be determined to be invalid, and new ones will not be required. The basis for re-registration/redistribution of property will be a court decision.
Required documents
Article 132 of the Code of Civil Procedure of the Russian Federation specifies a list of documents that must be submitted to the court simultaneously with the statement of claim:
- Copies of the application for all defendants.
- Receipt for payment of state duty.
- Documents substantiating the plaintiff's claims, with copies for each defendant. It can be:
- Death certificate of the person whose property is being claimed.
- Documents confirming the status of heirs (will, adoption documents, marriage or birth certificate).
- Confirmation of a valid reason.
- Papers on the composition of the inheritance.
Any other documents that may influence the court's decision are also accepted.
If the new heir asserts his rights in court with the help of a representative, an additional power of attorney will be required for him.
Amount of state fee when filing an application with the court
In a letter from the Ministry of Justice of the Russian Federation dated June 11, 2010. No. 03-05-06-03/79 states that when filing applications to the court for the right of inheritance, it is necessary to pay a state fee, as in claims of a property nature in accordance with clause 1.1 of Article 333.19 of the Tax Code of the Russian Federation.
Percentage of the amount (%) Fixed amount (rub) Cost of property (rub) Payment is made from the amount above (rub)| 4 | Not less than 400 | Up to 20 thousand | — |
| 3 | 800 | From 20 to 100 thousand | 20 thousand |
| 2 | 3200 | From 100 to 200 thousand | 100 000 |
| 2 | 5200 | From 200 thousand to 1 million | 200 thousand |
| 0,5 | 13200, but not more than 60 thousand | From 1 million | 1 million |
For example, the property is an apartment worth 2 million rubles. The new heir has the right to it in its entirety, but did not have time to submit documents to the notary in a timely manner due to a serious illness. Now he needs to pay 0.5% of 1 million + 13,200 rubles = 18,200 rubles.
Deadline for obtaining consents or filing an application with the court
According to paragraph 1 of Art. 1155 of the Civil Code of the Russian Federation, a potential heir is given another six months from the date of expiration of the period for entering into inheritance. Simply put, there is only 1 year within which you can try to obtain the property. After this, regardless of any valid reasons, it will be impossible to receive what is rightfully due.
What happens if a person does not enter into an inheritance within 6 months or several years?
You have six months to take over the inheritance. If this deadline is missed, there is still a chance to resolve the issue through the court within the next 6 months, subject to valid reasons. Otherwise, there are two options left:
- The property passes to the next heirs in line. You can try to reach an agreement with them out of court.
- If there are no other heirs, the property goes to the state. In this case, the problem can only be resolved through court. This, as already mentioned, is given six months after the end of the six-month period.
But there is an alternative possibility in which the heir actually accepted the inheritance, but did not enter into it. This is the best option. Clause 2 of Art.
1153 states that if the heir begins to own property, protects it from third parties or pays maintenance costs, then he is considered to have accepted the inheritance.
In such a situation, all that remains is to document everything, and this can be done both in a year and in several years.
If no one inherits, to whom does the property go?
Let’s assume that after the death of a person no one contacted a notary for 6 months. After this, the state takes all the property of the deceased. In this case, if during the next six months someone applies for an inheritance and is able to prove his right in court, in which the state will be the defendant, he will become the full owner of the property without any restrictions.
We offer you a free consultation, during which you will receive answers to all your questions, clarify the nuances of the procedure and be able to better understand the essence of the problem. Also, if you do not want to independently deal with the issue of restoring the right of inheritance, then our experienced lawyers will be able to prepare and submit documents, as well as give clear recommendations.
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What to do if the heir has not entered into the inheritance within 6 months
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Heirs are given 6 months to take over property rights. Depending on the specific situation, there are legal consequences for missing deadlines. However, the property of the deceased cannot remain ownerless.
Therefore, the law provides certain opportunities for all interested parties (successors, dependents, state, creditors).
Let's consider what to do if the heir has not entered into the inheritance within 6 months.
How long can you avoid inheriting?
The timing of registration of the right to the property of the deceased directly depends on the specific situation. The law provides for 2 options for inheritance:
- Notarial. A current heir can submit documents to a notary only within 6 months from the date of death of the owner. Otherwise, the right is transferred to the next legal successor.
- Actual. A citizen must take actions to accept the inheritance (protection, use, repair) of the inherited property within 6 months after the opening of the inheritance. However, property can be officially registered at any time. The main thing is to save documentation that confirms the actions taken.
If the heir actually accepted the testator's property, but did not draw up the documents in a timely manner, then such a person can visit the notary's office later. The only drawback is the provision of evidence of the safety of the property and its contents. If the notary refuses to issue a certificate of inheritance rights, the applicant will have to go to court to extend the deadline for taking over property rights. If the court satisfies the stated requirements, the heir will need to submit the application to the notary again.
As for the heir who did not know about the death of a relative or could not submit an application to the notary, slightly different rules apply here.
Much depends on the reason for missing deadlines:
- long business trip abroad;
- living abroad;
- serving time in prison;
- long-term illness;
- lack of direct contact with the testator.
If the reasons are valid and there is adequate evidence, the court may extend the period. After which the heir will need to visit a notary and enter into property rights.
The general limitation period is 3 years . The heir may go to court to protect his rights during this time. The calculation of time limits begins from the moment when the heir becomes aware of the existence of the right.
Example. After the death of citizen V., he was left with a 2-room apartment and a car. 1st line heirs – wife and son. The testator's parents died long ago. The relatives submitted documents and six months later took over their rights. Each of them received ½ of the identified property.
A year later, the testator’s eldest son from his first marriage, who was serving a sentence for murder, was released from prison. No one kept in touch with the man. And for many years they managed to forget about him. The man learned about his father’s death from his friends.
The heir was explained that the only way to enter into property rights was to go to court. He did just that. However, after legal proceedings were opened, the relatives of the testator proposed to resolve the issue peacefully. They compensated him for his part of the inheritance.
After which the man abandoned his claims. The court explained to the parties the consequences of such a refusal, issued an appropriate ruling and closed the proceedings in the case.
If no one inherits, to whom does the property go?
The inheritance is distributed among recipients under a will or among relatives. If the order does not cover the entire volume of property, then the right to claim is acquired by both the heirs by will and by law. When dividing an inheritance, the presence/absence of a will, the number of participants, and the right to an obligatory share are taken into account.
In most cases, the timing still depends on the basis for entering into inheritance. Sequence of inheritance:
- Heir by will. The assignee must contact a notary or take action to actually accept the property within 6 months.
- Heir by law of the 1st stage. If the successor under the order does not perform the necessary actions within the prescribed period, then the rights are transferred to the recipients by law. First of all, 1st line relatives (children, parents, spouses) are given the right to claim. They must exercise their right within 6 months from the date of death of the owner.
- Heirs of the 2nd stage. If recipients of property under the will and successors of the 1st stage have not formalized the inheritance, then the right is transferred to the relatives of the 2nd stage. They receive 3 months for registration. The same period is given to the heirs of the next orders.
- State. If the property of the deceased was not registered by relatives, dependents and heirs under the will, then the right to receive it passes to the state. The law does not limit the period of inheritance for state and municipal bodies. Moreover, the municipality is considered to have entered into inheritance by default if the documents have not been formalized.
- Hereditary transmission . Another exception is inheritance of property through hereditary transmission. For example, the direct heir died 5 months after the opening of the inheritance. His legal successors are heirs under the will or relatives. These persons are given another 3 months to submit documents. Therefore, the total period for registering an inheritance will be 4 months. The countdown of time begins from the moment such right arises.
What happens if a person does not enter into an inheritance within 6 months or several years
Missed deadlines for submitting documents to a notary are grounds for loss of property rights. If there were several applicants for the inheritance, then the remaining participants assume their rights and receive a certificate of inheritance in the general manner.
The share of the heir who has lost his right is divided between them in equal parts. If there was only one heir, then 6 months after the death of the testator, relatives of the next line can submit an application and enter into the inheritance.
What to do if you didn’t inherit the inheritance on time
If the successor missed the deadline for registering the inherited property, then it is necessary to determine the reasons for the omission. If he knew about the death of the owner and did not take actions aimed at entering into the inheritance, then the inaction is equivalent to an official refusal of the share.
If the applicant does not contact the notary in a timely manner for good reasons, then he has 2 ways to solve the problem.
Actions of the heir
No. OptionComment| 1 | Initiate legal proceedings | A longer option. In addition, the heir must provide written evidence to the court that the deadlines were missed for reasons beyond his control. Failure to provide proper documentation will result in claims being denied. To restore the deadlines, it is necessary to file a claim with the court at the place where the inheritance was opened. If the property was accepted by other legal successors, then the documents are sent to the court at the place of their registration. |
| 2 | Agree with relatives who accepted the inheritance | The law provides for the possibility of canceling previously issued documents at the request of the heirs. The new participant must also submit an application to enter into property rights. The notary makes the appropriate entries in the register, recalculates the shares and issues new inheritance documents to all participants. Based on this, relatives will need to re-register ownership rights with Rosreestr or the State Traffic Safety Inspectorate. If one of the relatives refuses to give consent to cancel the certificate, then the applicant for the property will have to go to court. |
A sample statement of claim for going to court to restore deadlines can be found in the article: “Statement of Claim for restoring a missed deadline for accepting an inheritance in court.”
What should a creditor do if no one has inherited?
During his lifetime, the testator could have not only property, but also debt obligations. In accordance with Art. 1175 of the Civil Code of the Russian Federation, legal successors are responsible for the obligations of the deceased.
Actions of the creditor if no one has entered into the inheritance:
- Submitting an application to a notary. If a citizen has a debt for alimony, the documents are submitted to the notary's office within 6 months from the date of death of the debtor. The alimony recipient must wait until one of the legal successors submits an application for inheritance. After which, the issue of settling the debt obligation is resolved with the heir.
- Debt collection from inherited property . If the creditor has reliable information about the ownership of the deceased or there is a property object (mortgage, car loan) as collateral for the loan agreement, then he can file an application to collect the debt from the inherited property.
- Debt collection from the state. If none of the heirs submitted an application, and the deceased owned real estate, then the state becomes the heir. The creditor must file a claim to collect the debt, naming the local government at the location of the property as the defendant.
The procedure and deadlines for submitting documents for acceptance of inheritance are determined by law. If the heir misses the established deadlines, he loses his property rights. As a result, the inheritance goes to the relatives of the next line. Restoring deadlines usually involves many nuances.
The applicant needs to identify the defendants in the case, decide on the tactics of behavior in court, and calculate the amount of the state duty. In order not to lose sight of anything, it is advisable to consult with a specialized specialist. On our website you can get a free consultation with one of their lawyers. A fresh look from the outside will help clarify the situation.
If legal support is required in court of 1st or 2nd instance, you can agree to represent your interests.
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