Statement of claim to establish the fact of acceptance of inheritance (sample)

   The procedure for establishing the fact of acceptance of an inheritance in court will help you to become an owner from an heir.

   No matter how the case is started, our inheritance lawyer will always be able to help you in the process of registering an inheritance after the death of your wife. He will advise you, draw up a statement of claim to establish the fact of acceptance of the inheritance and represent your interests.

When is it necessary to establish the fact of acceptance of an inheritance?

   There are cases when an heir accepts the property of a deceased relative, for example, an apartment, and does not contact a notary within the six months established by law to accept the inheritance in writing.

He lives in this apartment, is not late on rent, uses things that were in this house, and may have made repairs. In fact, he accepted the inheritance, but did not record it on paper, the deadline for entering into the inheritance was missed, and now this fact can be challenged and the property can be sued.

Most often, there are other heirs who begin the inheritance conflict.

   To eliminate this problem, it is necessary to prove and establish the fact of acceptance of the inheritance through the court, even after six months.

Cases when the establishment of the fact of acceptance of inheritance is recognized:

1. If the heir takes possession of the property and begins to manage and use it as his own
2. If it protects this property from attacks by third parties and harmful factors from nature (restoration and repair)
3. If he maintains inherited property and spends his money on it (current utility bills, etc.)
4. If the heir pays off the debts of the testator

   The heir must prove all these facts in court, then he will receive a court decision establishing the fact of acceptance of the inheritance. Litigation, as a rule, lasts two to three months, unless complicated by additional claims in the form of recognition of family relationships or the issue of inheritance by dependents (see the link for more details).

   If you only need to recognize that the inheritance has been accepted, then a court decision will be enough to notarize your right. But it is better to immediately, in the same process, recognize the ownership of the goods received, so that later you do not return to this, but immediately go to register your ownership rights with the registration authority.

ATTENTION : watch the video with advice from a lawyer on restoring the deadline for accepting an inheritance, its actual acceptance, ask questions in the comments to the video and do not forget to subscribe to our YouTube channel :

The procedure for establishing the fact of accepting an inheritance

   To establish in court the fact of acceptance of an inheritance, follow these steps:

1. Prepare an application to the court to establish the relevant fact. ATTENTION: if there is a dispute about the right, the court will leave the application without consideration.
2. Apply to the court at your place of residence.
3. Take part in the court hearing, justifying your application.
4. Wait for the court's decision.
5. If the court refuses to satisfy your application, appeal it to a higher court.

Statement of claim to establish the fact of acceptance of inheritance

   What you must indicate when filing a statement of claim to establish the fact of acceptance of the inheritance in court and what evidence you must present:

1. The fact that the inheritance is open. Proof can be the death certificate of the testator.
2. Description of the property transferred to you (money, real estate, car, etc.). This information may be specified in the will or specified separately.
3. Evidence that you have accepted the inheritance. Here you can present receipts for payments for housing, taxes, and insurance paid by you. In addition, confirmation of two witnesses will be required.
4. Proof that you are the heir. It is necessary to confirm the fact of relationship (more details about establishing the fact of relationship with the deceased by reference). This could be a birth certificate, marriage certificate, or marks in a passport. If there is no such evidence, it will need to be established during the trial. If you are not a relative, then you are an interested party who is considered a potential heir.
5. Jurisdiction of cases on establishing the fact of inheritance. Declaring only a requirement to establish the fact of acceptance of the inheritance, the applicant submits an application to the district court at his place of residence.
6. Other important circumstances.

IMPORTANT: the purpose of going to court is to establish the legal fact of acceptance of the inheritance. It is necessary to formalize inheritance rights; for more information on how to file a claim in court, see the video

Limitation period for establishing the fact of acceptance of inheritance

•    A person can apply to establish a fact within the general limitation period, which is 3 years, BUT you should not wait for this period; you still need to resolve issues related to inheritance in a timely manner.
•    It should be noted that the court will refuse to satisfy the application due to the expiration of the statute of limitations only if such a request is filed by any of the parties involved.
•    Theoretically, such a request can only be made in a lawsuit when there is a dispute, although it cannot be ruled out that any interested person can also make such a statement when considering a case in a special proceeding.

How to challenge the actual acceptance of an inheritance?

   You can state your objections to the actual acceptance of an inheritance by one person or another within the framework of a case to establish the fact of acceptance of an inheritance; in this case, the court will leave the application without consideration, and the person (plaintiff) will be able to file a claim in court.

   As part of the consideration of the claim, the objector must refute the plaintiff’s arguments about the actual acceptance of the inheritance.

Or maybe the plaintiff was abroad altogether; in this case, you need to provide the relevant supporting documents or apply to the court with a petition to send the necessary requests to obtain information.

Sample application to establish the fact of acceptance of inheritance

1. To the Ordzhonikidze District Court of Yekaterinburg
2. Applicant:
3. Interested people:

Application to establish the fact of acceptance of inheritance when the deadline is missed

   On November 21, 1998, O. died, my aunt, what remained after the deceased and was part of the inheritance, passed into the possession of Z., my mother, and Z., my daughter. They actually accepted the inheritance.

   The inheritance property includes:

• apartment number ..., located in the city of Yekaterinburg, on Kirovgradskaya Street, consisting of one room with a living area of ​​21.40 sq.m.; usable area of ​​the apartment is 34.70.

   On May 19, 1999, according to Z.’s application, it was opened by the notary of the city of Yekaterinburg Vasetskaya V.V. inheritance matter. No certificate of inheritance was issued; only the agreement between Z. and Z. was certified.

on changing the form of ownership and establishing the size of shares for the apartment under number ..., located at the address: Yekaterinburg, st. Kirovgradskaya, owned by Z. and O.

on the right of joint ownership   

   The fact that my mother Z. accepted the inheritance is confirmed by receipts for payment of taxes and utilities. I also organized O’s funeral at my mother’s expense. After my mother’s death, I continued to pay utilities and taxes.

   On November 18, 2008, I contacted A.K. Khusnidinova at the notary office in Yekaterinburg. with an application for the issuance of a certificate of the right to inherit by law after the death of my mother - Z.

, who died on December 1, 2003, accepted the inheritance, but did not formalize her inheritance rights after the death of her sister - O.

, for a 12th share in the ownership of an apartment under ..., located in the city of Yekaterinburg, on Kirovgradskaya Street, ... for which he received a Resolution refusing to perform a notarial act.

   In accordance with Art. 1153 of the Civil Code of the Russian Federation: “it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular if the heir:

• took possession or management of inherited property;
• made at his own expense expenses for the maintenance of the inherited property.”

   According to Art. 264 of the Code of Civil Procedure of the Russian Federation: “the court establishes the facts on which the emergence, change, or termination of personal or property rights of citizens and organizations depends. The court considers cases to establish: the fact of acceptance of the inheritance and the place of opening of the inheritance.”

•    I need to establish the fact of my acceptance of the inheritance in order to obtain a certificate of the right to inheritance and registration of an apartment in the Office of the Federal Registration Service.
•    In accordance with Art. 264 Code of Civil Procedure of the Russian Federation
• ASK:

• establish the fact that I accepted the inheritance - 12 shares of the apartment at the address: Ekaterinburg, st. Kirovgradskaya, house...

Date, signature

Assistance from a lawyer in establishing the fact of acceptance of inheritance

   As we see, not everyone is able to prove the establishment of the fact of acceptance of an inheritance on their own due to the complexity of the procedure. The main problem is to collect and analyze evidence and correctly compose a statement. It is also important to properly conduct the case directly in court.

   The issues of proving the actual acceptance of an inheritance and challenging them are quite acute, so sometimes it is necessary to correctly collect the evidence base, which a competent lawyer can always help with.

   To avoid mistakes, it is best to contact our inheritance lawyer in Yekaterinburg, who will monitor the correctness of the legal process to protect your inheritance rights. Start acting right now and call us - a consultation on inheritance will help you understand your problem and choose the most effective way to solve it.

1. Read also our additional materials on the work of a probate lawyer:
2. How inheritance disputes are resolved in court in court
3. Find out what obligatory share can be received contrary to the will
4. With us, restore the period of acceptance of inheritance professionally

PS : if you have a problem, call our lawyer and we will try to resolve your issue: professionally, on favorable terms and on time

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Statement of claim to establish the fact of acceptance of inheritance. Sample filling and form 2023

A statement of claim to establish the fact of acceptance of an inheritance is an opportunity provided by law to confirm ownership of inherited property if for some reason this was not done in a timely manner through a notary.

Files in .DOC: Form of statement of claim to establish the fact of acceptance of an inheritanceSample statement of claim to establish the fact of acceptance of an inheritance

Such applications are considered in accordance with special legal proceedings to establish facts of legal significance.

Deadline for accepting inheritance

To exercise their inheritance rights, heirs must contact a notary within 6 months from the date of death of the testator. The notary, in turn, must open an inheritance case, establish the estate and determine the circle of heirs who have the right to claim the property left by the testator.

Missing the six-month period entails refusal to open an inheritance case. Extension of the period for accepting an inheritance is possible only on the basis of a court decision.

However, there is another opportunity to enter into inheritance rights, and it is provided for in Art. 1153 of the Civil Code of the Russian Federation. Thus, in accordance with this article, the commission of certain significant actions in relation to inherited property is confirmation of the actual entry into inheritance rights.

Significant actions mean:

• acceptance of property and its use;
• continued residence in the house of the deceased testator;
• payment of utilities, insurance and property taxes after the death of the testator;
• return of debts of the deceased testator;
• funeral of the testator at his own expense;
• carrying out repairs and reconstruction of inherited property.

Documents confirming the actual acceptance of the inheritance, therefore, can be receipts confirming payments, changes in cadastral plans, etc.

That is, a person who is an heir by law or by will, who for any reason did not contact a notary on time and did not receive inheritance rights, may, nevertheless, retain ownership of the inherited property by applying:

• to a notary with a statement about the actual acceptance of the inheritance;
• to the court with a claim to establish the fact of acceptance of the inheritance, if the notary considers that there was no fact of acceptance of the inheritance, and without first contacting the notary.

From what was said above, several patterns can be deduced that give the right to file a claim:

• the plaintiff must be a proper heir at law or an heir under a will;
• an indefinitely long period of time may pass from the moment of death of the testator; the main thing is that the inherited property is taken into actual ownership no later than 6 months from the date of death of the testator. For example, in the case when the heir remains to live in the apartment immediately after the death of the parent, pays utility bills, taxes, etc.;
• other heirs should not claim the property or there should not be any.

The same grounds are listed in the Resolution of the Federal Tax Chamber of February 28, 2006 “On guidelines for registration of inheritance rights.”

Contacting a notary

As mentioned above, to confirm the actual acceptance of the inheritance, you can contact a notary. This is not a mandatory condition, that is, a citizen has the right to choose whether to contact a notary or go straight to court.

If you decide to contact a notary, you should write a corresponding application and attach documents confirming the fact of acceptance of the inherited property.

The notary will evaluate the attached evidence and, if he agrees with the arguments of the application, he will open an inheritance case. If the evidence seems insufficient to him, then a refusal to open an inheritance case will be issued.

In this case, you will need to go to court.

Applying to the court

It is not difficult to draw up an application to establish the fact of acceptance. Let us clarify that this is precisely a statement, and not a claim, since it does not imply the existence of a dispute over inherited property.

Filling out an application yourself should not cause any difficulties, since it does not include controversial legal relations and is aimed solely at recognition by the state of the applicant’s right to inherited property.

When drawing up an application, you can rely on the standard template available on the website. Of course, the sample will need to be individualized, that is, you will need to introduce your own circumstances into the text, namely:

1. the name of the court in which the claim will be filed;
2. Full name and address of the applicant;
3. a description of the history of the acceptance of the inherited property, including an indication of the fact of family relations with the testator, the date of his death and the conditions under which the actual acceptance of the inheritance occurred (living in the inherited apartment, paying utility bills, repairs, etc.) It is also necessary inform that there are no disputes regarding inherited property with other heirs;
4. a statement of the requirement for the court to recognize the fact of acceptance of the inheritance;
5. a list of documents attached to the application in support of its requirements. In addition to receipts or other payment documents, certificates of the testator's funeral at the applicant's expense, the applicant's birth certificate, and any personal documents of the testator kept by the applicant may be attached.

Other heirs, if any, may be involved as interested parties in the claim. Let us immediately note that if any of the interested parties (other heirs) declares at the court hearing that he is against the recognition of the fact, the claim will be withdrawn from consideration.

Let us remind you once again that special legal proceedings (including applications for recognition of legal facts) are indisputable legal relations. The presence of a dispute moves the application into the area of ​​controversial (claim) proceedings.

Therefore, when withdrawing the application from consideration, the court will explain to the applicant and interested parties their right to go to court not with an application, but with a claim to establish the fact of acceptance of the inheritance, according to which other heirs will be able to file a counterclaim for recognition of their ownership of a share in the inheritance.

After the court decision

If the application for recognition of the fact of acceptance of the inheritance is satisfied, the court decision should be transferred to a notary, who, on its basis, will issue a certificate of receipt of the inheritance.

The received certificate is subject to further registration in Rosreestr.

Jurisdiction

The type of application under consideration is submitted to the court (district or city court) at the location of the main inheritance mass. For example, when inheriting an apartment and a car, you should apply to the court on whose territory the housing is located, and not to the court on whose territory the car is registered.

Application to establish the fact of acceptance of inheritance

The actual acceptance of the inheritance presupposes the implementation by the heir of certain actions to improve or maintain the property due to him. However, sometimes it is necessary to confirm that this acceptance actually took place. This is done in court and with the application of the interested person.

Establishing the fact of acceptance of inheritance

If the applicant for the inherited object does not turn to the notary on time and does not receive a certificate of the right of inheritance, he is not deprived of this right since actual acceptance is provided. This means that the interested person, within the period of time established by law, performed actions in favor of the inherited property that were aimed at maintaining, improving or using.

However, there are situations when a document confirming the rights to the inheritance mass is required. For example, if the period of time for registration has passed, and then a claimant appears who has not previously declared his rights to inheritance. In order to protect his interests, the heir who actually accepted this property will have to write a statement establishing this fact.

Such an application is submitted and considered exclusively by the court, since the need for it arises only in the event of a trial in the case.

Thus, confirmation of the actual acceptance of the inheritance mass is not always required.

If a dispute arises over property passed by inheritance, and the interested party accepted it not in documents, but in fact, then such confirmation is required.

Sample application

To prove the actual entry into inheritance rights, it is necessary to file a statement of claim to establish the fact of acceptance of the inheritance. A sample application may be as follows:

To the Basmanny District Court of Moscow
Applicant: Stepanko Antonina Timofeevna,

residing: Moscow, st. Mechanics, 46, apt. 111

Application to establish the fact of acceptance of inheritance

On December 29, 2001, Timofey Mikhailovich Salnikov, who was my father, died. As a result, an inheritance was opened consisting of:

• car "VAZ 2114" manufactured in 1995;
• two-room apartment.

Application for actual acceptance of inheritance: sample, judicial practice

Every person at least once faces issues related to inheriting property. Real estate, land and houses, cars and bank accounts, shares in companies - this is not all that the heir receives after the death of the testator. Along with material assets, the receiver receives the obligations and debts of the deceased.

Inheritance is the right to own, dispose of and manage the material assets of the testator. To take ownership of the deceased, you must contact a notary and open an inheritance case. First of all, you need to submit an application and prepare a lot of certificates.

There is a second option for accepting an inheritance - actual inheritance.

How to actually accept an inheritance

If during the life of the testator you used and disposed of the property of the deceased, then you can take advantage of the opportunity to enter into an actual inheritance. Examples of use of the property of a deceased by an heir:

• use of the testator's garage;
• living in the apartment or house of the deceased;
• use of household appliances;
• moving things (removing some furniture to the dacha);
• growing crops on a plot of land.

Disposition of property is the determination of the future fate of property. The heir decides whether to donate, sell or let third parties use the movable property. Options are also possible when it comes to real estate:

• rent out a house or apartment;
• allow someone to live there for free;
• store your own belongings in the premises (house, garage), convert them for running a business.

Property management

To accept inheritance rights, management actions are sufficient. This means preserving, maintaining in good condition or improving movable or immovable property.

When the heir takes on the costs of the property and makes obligatory payments on it, this is the fact of acceptance of the inheritance. But in addition to the fact that you spent on such expenses, you will need to prove that the money for the inheritance was your own.

Examples of expenses could be:

• siding the house, covering the leaking roof, replacing windows and other repairs that prevent the house from deteriorating;
• installing locks, installing a security alarm on a house, garage, car;
• purchase of consumables or spare parts for the machine, maintenance of equipment and vehicles;
• feeding, veterinary care of livestock or pets;
• payment of all kinds of obligatory payments that the testator had to make: taxes, insurance;
• repayment of credits, loans, debts of the deceased.

Expenses for funerals, commemorations, and religious ceremonies associated with burial will not be evidence that the heir has paid the debts of the deceased. The heir accepts such expenses voluntarily; the deceased no longer has anything to do with them.

There are several important nuances: a notary or court deciding an inheritance case is not limited to the listed actions of the heir and can accept other important facts as evidence of acceptance.

Dates for entering into inheritance

The inheritance opens at the moment when a person dies. From the next day, 6 months are counted, during which you need to use, dispose of or manage. So, if X.

died on December 6, then the last day of the term is June 7 (inclusive). If the adoption took place within six months, then you can apply for an inheritance certificate for an unlimited number of years.

But the notary will require evidence.

Evidence: written, oral and physical

Written evidence includes:

• checks, invoices, contracts, etc., confirming expenses for the testator’s property (for the purchase of spare parts, storage and transportation of things);
• registration stamp; certificate of registration in the apartment or house of the deceased;
• papers of garage or garden associations (receipts, checks, membership books with notes on payment of membership fees after the date of death of the testator);
• receipts for payment of taxes, fines, insurance fees;
• statements from the heir’s bank account confirming utility payments, loans or other expenses related to the case;
• receipts for the return of money from borrowers, or, conversely, debtors of the testator;
• claims, contacting a notary to ensure the safety of objects, as well as any other documents.

Witness's testimonies. The following people can personally attest that the heir used the property and household items:

• neighbors in an apartment, country house, garage, if they periodically met the heir on the territory of the property;
• housing and communal services workers who were in the apartment on duty (plumbers, electricians, meter verifiers), repair workers, carriers;
• gas station workers, car service workers, insurance company workers, traffic police officers in case of an accident involving the testator’s car;
• persons present when the debt was paid for the deceased or the heir accepted money from the debtor.

Ownership of valuable things (both jewelry and objects of spiritual heritage - manuscripts, paintings, sculptures, sheet music) is good proof. They can be presented for viewing in the courtroom.

Entry into inheritance in court

If there is little or no evidence, and a dispute arises between several heirs, the notary will not accept the application and will suggest going to court.

State fees: notarial and judicial fees

Notary state fee

In the process of registering property, you cannot avoid paying state fees. If the notary has accepted the application, you must pay the notary fee:

• for immediate family (children, parents, spouses, brothers, sisters) in the amount of 0.3% of the price of the property (maximum 100,000 rubles).
• other heirs pay 0.6% of the price of the object (maximum 1,000,000 rubles).

Court fee

The state court fee for cases of special proceedings is 300 rubles (more details about the categories of cases below). The court's state fee for claims proceedings can be calculated using an online calculator on the court's website. Here the calculation procedure does not depend on the degree of relationship, but only on the value of the inherited property:

• 4% of the cost of the claim (minimum 400 rubles) up to 20,000 rubles of the cost of the inheritance;
• 800 rubles + 3% over twenty thousand rubles in the range from twenty to one hundred thousand rubles;
• 3,200 rubles + 2% over 100,000 rubles in the range from one hundred to two hundred thousand rubles;
• 5,200 rubles + 1% over 200,000 rubles in the range of two hundred thousand to a million rubles;
• 13,200 rubles + 0.5% over a million rubles (maximum 60,000 rubles) – if the property costs over a million rubles.

The price of the object in both cases can be market or cadastral (by the way, information about the object, knowing its cadastral number, can be found on the official website of Rosreestr).

Benefits for paying state fees

The following are subject to exemption from payment of any state duty (Article 333.35 of the Tax Code of the Russian Federation):

• participants and disabled people of the Second World War;
• Heroes of the Russian Federation and the USSR;
• Knights of the Order of Glory.

The notary may not have to pay the state fee:

• incompetent (under guardianship or trusteeship);
• minors (at date of death);
• those who lived together and continue to live in the residential premises of the deceased after his death;
• heirs of those killed in the performance of public duties;
• heirs of victims of repression;
• as well as those whose accepted inheritance includes bank accounts and deposits, pensions, salaries, and insurance.

Disabled people of groups I and II will pay a notary 50% less.

Categories of inheritance cases

Cases of ordinary (claim) proceedings are considered based on a statement of claim for recognition of the right of ownership of inherited property (most often when there is a dispute between the heirs and the inheritance is being divided).

Cases of special proceedings are conducted on the basis of an application to establish the fact of acceptance of an inheritance (in particular, it is additionally required when the inheritance includes things previously accepted by the testator, also only in fact, without issuing a notarial certificate).

How to prepare a statement of claim

Writing a statement of claim to establish the fact of acceptance of an inheritance is quite simple; the requirements for it are contained in the Code of Civil Procedure of the Russian Federation.

If the claim does not contain some of the required information, the judge will leave the case without progress, so it is important to indicate all the necessary information:

1. name of the court;
2. amount of claim (usually the price of the apartment);
3. Full name of the plaintiff, his place of residence;
4. information about interested citizens (heirs) and government agencies (for example, guardianship and trusteeship);
5. title (statement of claim for recognition of ownership of inherited property actually accepted by the heir);
6. a free-form presentation of the facts: when, by whom the inheritance was left, what was done with the things of the deceased, what actions were taken to preserve them, and so on;
7. evidence in support (written evidence must be attached to the claim in copies, the originals will need to be taken with you to present at the court hearing, witnesses must also be listed);
8. clearly formulated requirements and articles of law that justify these requirements;
9. list of attachments (name each document and indicate how many sheets it contains);
10. date, signature of the plaintiff with transcript.

You can download a sample statement of claim for actual acceptance of inheritance here.

Which court should I go to?

You need to go to the court of the city or district (administrative district) at the address of the apartment (house, cottage). There are situations when there are several objects.

Then go to the court of the city where the deceased lived before his death, and if the residential address is unknown, then to the location of the most expensive real estate.

When the fact of acceptance of the statement of claim is confirmed, the claim is stamped by the court clerk with the incoming number and date.

Arbitrage practice

Latvian citizen U. filed a claim against K., a citizen of the Russian Federation, with a claim for recognition of the right to a house located in the Tver region. U. was the daughter of the deceased M., of whom K. was a sister. K. and M.

Previously, they lived together in this house, each of them received ½ part of this housing with a plot of land. K. immediately after M.’s death submitted an application to the notary for entry into the inheritance, indicating in it that there were no other heirs.

A certificate of inheritance was issued, K. had full control over the house and land.

U. filed a lawsuit in 2018 to establish the fact of acceptance of the inheritance and recognition of the ownership of the house and land in the part that belonged to her mother M. In court it turned out that M.

The last months of her life she lived in Riga with her daughter, and died there. At the same time, U. actually accepted the inheritance, using her mother’s things, thus, she accepted all of her mother’s property, including those located in the Russian Federation.

She could not contact a notary due to the remoteness of her residence.

The court took into account that the plaintiff at the time of M.’s death was the only heir of the first priority, and decided that the possession and use of M.’s property confirms U.’s intentions to receive this inheritance. The court decision completely satisfied the claim.

Each case of actual acceptance of an inheritance is unique and is considered separately. It is important to submit an application to a notary on time or perform the actions described in the article, so that later you do not lose your legally owned property.

Application to establish the fact of acceptance of inheritance: sample form

Cases of actual use of inherited property without official registration, unfortunately, are not uncommon. Many years later, when selling an apartment, the owner of one share may discover that the second share is not registered in his name. Thus, a citizen is deprived of the right to dispose (sell, bequeath) property if he has not entered into an inheritance properly.

To resolve the issue, a trial must begin. Let us consider in more detail how to draw up an application to establish the fact of acceptance of an inheritance.

What is actual acceptance of property by the testator?

The process of accepting the property of the deceased is divided into the following stages:

1. The first stage is the legal acceptance of the property of a citizen who was the owner of the property before his death.

It includes contacting a notary, submitting a written expression of will to accept/refuse to accept the inheritance, collecting and providing the necessary documentation, and re-registering the property in your name.

Legal acceptance of the property of a deceased relative includes payment of state fees and performance of other legally significant actions.

As a result, the heir becomes the official owner of the inherited property.

1. The other stage is the actual taking over of the deceased's property. To do this, a citizen must use the property, manage it, dispose of it, fulfill debt obligations and incur other expenses to ensure the property is in proper condition.

Important! If the inheritance mass contains not only property objects, but also the debts of the deceased, the person who actually accepted the testator’s property is automatically liable for his debts.

Actions aimed at actual acceptance of the property of the deceased

The actual acceptance of the testator’s property means the following actions:

• on actual ownership of property;
• on the use of property;
• on property management;
• by disposing of inheritance;
• for incurring expenses on the property of the deceased.

Moreover, to recognize a citizen as having actually accepted an inheritance, a combination of several actions is not necessary. One of them is enough.

Actual possession of the deceased's property refers to the physical use of the item in accordance with its purpose. For example, living in his apartment. A popular actual use option is to take a share in a residential property if the apartment belongs to family members on the basis of shared ownership.

The use of property is the use of an item in accordance with one’s needs for its intended purpose. Applies to dishes, furniture, household appliances.

Thus, the item is used, and the citizen actually accepts the inheritance.

Object management refers to actions aimed at protecting the object and ensuring its safety from other citizens. In addition, the property may need renovation. Carrying out repairs or paying a specialist for this purpose also applies to property management.

Management may be associated with ownership or without it. If the heir lives in an apartment owned by the deceased, changes the locks there, installs meters, and performs other actions for a comfortable stay, such management is associated with ownership. If a citizen transfers an object belonging to a deceased owner for storage, such management is not related to ownership.

The actual recipient of the deceased's property can dispose of it at his own discretion.

Such actions are impossible in relation to property that is subject to mandatory state registration (car, apartment, summer cottage).

In this case, a citizen can donate or sell furniture, household appliances, and household items. For example, giving the deceased's pet cat to new owners is an order.

Incurring expenses means the heir's expenses for maintenance, repairs, and preservation of the deceased's property at his own expense. A situation where the repairs were paid for from funds belonging to the testator will not be considered expenses.

Attention! Fulfilling obligations on loans of a deceased person, accepting funds that other citizens owed him. Receipt by the heir of benefits for the funeral of the deceased, other funds for organizing funerals, and wakes does not refer to the actual acceptance of the property of the testator.

Features of the actual acceptance of the property of the testator

If the recipient, who has legal grounds for this, performs certain actions that determine the actual entry into the inheritance, then he is considered the legal heir. However, the law provides for the need to formalize the entry into inheritance.

If the actual entry into inheritance confirms the acceptance of the inherited property before the expiration of 6 months from the date of death of the owner, then the citizen must contact a notary.

If the person who actually owns the property of the testator missed the specified deadline, then it is necessary to confirm the entry into the inheritance in court. To do this, a citizen files a claim for actual acceptance of the inheritance and recognition of property rights.

The burden of proof rests with the heir. To do this, a citizen can attract:

• documentation;
• witness's testimonies;
• evidence.

The court or notary will consider the evidence presented and make a decision on whether to satisfy/refuse the requirements.

Documentation

The most popular option is to provide documents. Basic information requirements:

• documents are provided in originals;
• they must have the date, signature of the authorized person and the name and seal of the issuing organization.

Important! Thus, it is possible to understand whether the citizen entered into inheritance within the prescribed period or not.

As documentary evidence, a citizen can provide:

• bank statement on payments made;
• certificate of deposit of funds from the heir’s account;
• application to the FSSP;
• a statement of claim against citizens who illegally took possession of the property of the deceased, which was intended for the recipient, with a stamp from the court office on acceptance of the document for consideration;
• a receipt from the person who received the debt of the testator or from the citizen who returned the funds borrowed from the deceased;
• a bank statement about the deposit of funds to repay the loan or about its full repayment by the heir;
• an agreement to carry out actions to protect the property of the deceased (agreement with a paid parking lot, rental of a garage, safe deposit box);
• receipts and receipts for the purchase of items for the repair of inherited property;
• documents confirming payment of rent, shares, utilities;
• certificates issued by gardening associations, municipal or state bodies on the actual use of the property of the deceased (harvesting at the dacha, repairs in the apartment, cultivation of the garden plot);
• information from the housing department or management company that the recipient had permanent or temporary registration in the deceased’s residential premises, both before his death and after.

The list is not exhaustive. A person can submit any documentation that proves the use of the deceased's property within 6 months after his death.

When filing a statement of claim for the actual acceptance of an inheritance, samples of documents are presented to the defendant; only the originals are submitted to the court.

Attracting witnesses

The statement of claim to establish the fact of acceptance of the inheritance must be supported by additional information. If documentary evidence is insufficient, a citizen has the right to involve persons who can confirm the fact of acceptance of the property of the deceased.

The following citizens can be brought in as witnesses:

• who personally visited the heir during the period of residence in the deceased’s residential premises;
• who were personally present at the time of repayment of the deceased citizen’s debt to his creditor;
• who are the owners of other garages, in the garage cooperative where the garage belonging to the deceased is located;
• who own garden plots or vegetable gardens located next to the plot belonging to the deceased;
• craftsmen who carried out repair work on the property, which is part of the hereditary estate;
• who helped in transporting property belonging to the deceased (furniture, household appliances);
• living in adjacent apartments to the apartment owned by the testator.

Important! The law does not limit the list of citizens who can show in court that the recipient entered into an inheritance in a timely manner. The only condition is the obligation of personal presence when a citizen uses, owns, disposes or manages property that previously belonged to the deceased.

Items of the deceased's property

By filing a statement of claim (sample below), a citizen can present the deceased’s belongings as evidence. Which can be used for items that belonged to the deceased citizen and were used by the heir after his death. For example, watch, laptop, phone, jewelry.

In order for an item to be considered evidence, it must be identifiable. In addition, it must be part of the hereditary mass.

Step-by-step guide to officially inheriting an inheritance

If a person has actually entered into an inheritance, then he has the right to formally register the property.

It is possible to obtain a certificate of inheritance:

1. Through a notary.
2. Through the court.

If a citizen has sufficient evidence of the actual acceptance of the inheritance, then it is necessary to contact a notary whose office is located at the place of last residence of the deceased or at the location of the property.

If the evidence base is missing or not convincing, then the right must be established in court. The following options for going to court are possible:

• claim to establish the fact of acceptance of inheritance (claim proceedings);
• application for recognition of actual inheritance (special proceedings).

Claim proceedings are used when there is a dispute between heirs. A statement of claim may contain several demands simultaneously. For example, to establish the fact of acceptance of an inheritance within the period established by law and the determination of shares in the inheritance mass.

Special proceedings are used if there is no dispute between the heirs and if the testator has only one recipient of the property. The citizen requests to establish the fact of acceptance of the inheritance.

The application is considered by a district or city court. The document is submitted to the court located at the location of the deceased’s property. If the inheritance estate includes several real estate objects, then the application is submitted at the place of opening of the inheritance or at the location of one of the apartments.

Sample claim to establish the fact of acceptance of inheritance

An application for actual acceptance of an inheritance is submitted in accordance with the procedure for claim proceedings. This is necessary if there is a dispute between recipients of property. The document may include several requirements at once so that, as a result of the decision, the owner acquires his rights to the property without additional legal disputes.

Sample application to establish the fact of acceptance of inheritance:

• information about the court to which the application is being submitted (name, address);
• information about the applicant (full name, registration address, passport details, contact telephone number);
• details of the defendants (full name, registration address, passport details, contact phone number);
• information about other interested parties (for example, local governments);
• total value of property owned by the testator (claim price);
• title of the application;
• information about the deceased citizen (full name, date of birth, date of death, last place of residence);
• data on the basis for inheritance (will or legal norms);
• information about the actual acceptance of the inheritance;
• reference to legislation;
• applicant's requirements;
• requirements for the attendance of witnesses;
• description of the attached documentation;
• date, signature and surname of the applicant.

A sample application for acceptance of inheritance can be downloaded here

The application is made in writing with the entire evidence base attached. The document is drawn up in the number of copies according to the number of participants in the process. Original documents are provided for the court. Copies are made for the defendants. Each sheet is signed by the applicant: The copy is correct, signature, surname and initials of the applicant.

The difficulty of recognizing the fact of inheritance lies in the long period that has passed since the death of the owner. After many years, it is difficult to determine whether the specified actions were performed within the prescribed time frame.

If a citizen has the required amount of evidence and witnesses, then the court will recognize his right to property without additional difficulties. Otherwise, the citizen may have difficulty completing the documentation.

Statement of claim to establish the fact of acceptance of inheritance

The actual acceptance of the inheritance is carried out by submitting an application for acceptance of the inheritance to a notary at the place of opening of the inheritance. Acceptance of an inheritance through a legal representative is possible, but only if the notarized power of attorney specifically provides for the authority to accept the inheritance.

A claim to establish the fact of acceptance of an inheritance is filed in court when the deadline for accepting an inheritance from a notary has passed, but the heir has actually already accepted the inheritance (for example, lives on the territory of the testator, pays rent, etc.).

By actually taking possession of the inherited property, confirming the acceptance of the property, one should mean any actions of the heir:

• on the management, disposal and use of this property;
• to maintain it in proper condition;
• for the payment of taxes, insurance premiums, utility and other types of payments;
• to preserve inherited property, protect it from attacks or claims of third parties;
• to pay at one’s own expense the debts of the testator or to receive funds due to the testator from third parties.

The person who accepts the inheritance is recognized as the owner of the inherited property from the time the inheritance is opened.

However, it is necessary to take into account the requirements of the Civil Code of the Russian Federation on the need to carry out state registration of the transfer of rights to real estate (for example, an apartment, garage, land plot, residential building) and transactions with it.

Otherwise, the ownership right will not pass to the heir (because in the absence of state registration, the transaction is void).

The following documents are recognized as evidence of actual acceptance of the inheritance:

• certificates from housing maintenance organizations or local government bodies, internal affairs bodies about the cohabitation of the heir with the testator on the day of the death of the latter, about the heir’s residence in the inherited residential premises;
• certificates from local government bodies, management bodies of housing, dacha, and garage cooperatives about the use by the heir of the property included in the inheritance (for example, about the use of a garage, about the cultivation of a land plot, about the repair of a dacha, etc.);
• receipts for payment of taxes, insurance, utility bills, contributions to cooperatives and other payments in relation to inherited property or certificates from relevant authorities containing information about the receipt by these authorities of funds from the heir;
• agreements with legal entities on repairing inherited property, leasing property, installing a security alarm, etc.;
• receipts for repayment of a loan received by the testator, or other debt of the testator, issued by a bank or other organization;
• a copy of the heir's statement of claim to the persons who unjustifiably took possession of the inherited property for the issuance of this property with a court mark on the acceptance of the case for proceedings and a court ruling to suspend the issuance of a certificate of the right to inheritance;
• other documents confirming the heir’s performance of actions indicating acceptance of the inheritance.
• Documents and certificates must confirm that the actions for the actual acceptance of the inheritance by the heir were performed by the heir within the period established for acceptance of the inheritance.

Certificates and other documents emanating from state bodies and local governments, as well as other bodies and organizations, regardless of the legal form and form of ownership, must be drawn up in accordance with the general rules of office work.

Such a document must be drawn up on the letterhead of an authority, organization or have an appropriate stamp, seal, as well as an originating number, the date the document was compiled, and must be signed by an official of this authority, organization, indicating his position, with a transcript of his signature (last name and initials of the official ).