How to solve an inheritance case with a notary

Not every citizen knows how to open an inheritance case to a notary, which may lead to a violation of the statutory time limits, in which case recourse to the courts is required, and in order to prevent such a situation from arising, the necessary information should be provided on the matter.

 

What Is the Right Way for an Inheritor

According to the law in force,There is a specific period of time for the heir to apply to a notary officeThis period shall begin immediately after the date of death of the heir and shall be six months, during which time the heir shall receive the inheritance, and he shall collect all the necessary documents; they shall be provided to the notary.

A six-month delay would mean that the heir would have to file a lawsuit with the court, but it was possible to avoid unnecessary complications by doing the right thing.

The first thing the heir needs to do is to find out which notary to open a inheritance case, and according to the law in force, the heir ' s place of residence should be addressed.

The existence or absence of a will is not particularly important.

Initial action

In 2023, as before, allThe procedure begins when the heir prepares and applies for the inheritanceIt must be accompanied by a package of necessary documents. Some of them are subsequently collected by the heir, then handed over to the notary office. How do you know which notary carries out the inheritance? This can easily be found in the regional notary chamber.

The following documents should be attached to the application for succession:

1. Heir ' s passport (to be presented to the notary);
2. The certificate of death of the heir;
3. The will (if any);
4. Documents confirming the relationship with the heir;
5. An extract from the home book (by place of residence of the testator);
6. These may include, for example, a certificate of entitlement to a particular property, shares, a savings note, etc.

Important features

Also at the reception of a notary, the main points of missing documents are identified.In some cases, information provided by the various administrative authorities on the basis of special requests is required.

This is generally done in accordance with established legal standards.

The cost of requests sent by a notary to various organizations to clarify certain points or to obtain the necessary information may vary; the price of each is often 200 roubles.

The notary also finds out if there are any other heirs; if there are, he informs them that the inheritance should be processed.

According to the law, the heir must prepare and then submit to the notary the following additional documents:

• The passport as well as the display of the plan of the estate belonging to the heir;
• The result of the evaluation of such property;
• Exposition from EGRP (in the name of the heir);
• A statement from the holder of the sanctions registry;
• Data on the valuation of shares or shares in fixed capital;
• an extract from EGROUL.

Important features

There shall be no other heirs who have registered with the heir in the place of residence.

The following acts performed by the heir may indicate that the inheritance is actually realized:

• Maintenance costs;
• The adoption of measures aimed at preserving it;
• Payment of all debts held by the testator;
• Property ownership.

It is also necessary to know that the heir has a joint registration at the address of the former heir ' s residence.

In addition, receipts will be required to support payments for utilities, to verify that the debts of the heir have been fully paid, and so on.

When property is found in different parts of the same city, the estate is opened and then run by the same notary.

The documents collected and presented to the notary office are grounds for issuing a special certificate to the heir, which formally confirms the right to inherit.

The existence of such a document allows the successor to issue the property in its own name.

The certificate shall normally be issued after a period of six months has elapsed, as prescribed by law.

What to Do With a Will

Upon receipt of the application from the heir, the notary examines the legal status of the existing testimonial document.He will know whether there are no other heirs who are entitled to claim a compulsory share of the inheritance, including minors, disabled persons and pensioners.

In any event, each heir needs to respect the legal time limit within which a notary must be contacted to open a inheritance case.

How to deal with a notary's inheritance — the time frame for filing an application and the required documents

After the death of a loved one, it is often a matter of inheritance; if a will has been made, the matter is resolved without particular problems.

Otherwise, there are a number of procedures that ordinary citizens may not even be aware of.

For this reason, it is necessary to consider how to open the estate to the notary, which documents the heirs should undertake and how long the law will allow.

What is a genetic matter?

To begin with, it should be noted that the inheritance case can only be opened in the event of the death of the owner of the property.

From then on, relatives and others who are not related to the deceased may claim their property.

According to the law, in order to acquire an inheritance, it is necessary to adopt it, and there are only two ways of accepting it:

• A citizen starts to dispose of the deceased ' s property as his own;
• The process is carried out exclusively with the participation of a notary.

According to article 1154 of the Civil Code of the Russian Federation, in order to open an inheritance case, an application must be lodged with a notary institution.

The first step is to choose a notary to inherit the deceased's residence or location of the inheritance – the law allows for the choice of any route.

If the property is located in different locations, it is preferable to choose where the largest property is located (a flat, a house, a garage).

How to find a notary in the heir's place of residence

The main problem in opening an inheritance case is the choice of a notary.

If you do not know which specialist you should contact, you can start by visiting the City Notary Chamber, where you will be given accurate information about the lawyer who is dealing with your case, since the entire territory is divided between specialists according to a certain principle, so you can find a notary by the name of the deceased or by the address of the residence.

With regard to the legislative framework that regulates all actions under tax law, reference should first be made to the Constitution and the Civil Code.

In addition, there are a number of other legal instruments that are consulted by professionals and ordinary people.

Under the law, the deceased's property is entitled to claim by persons named in the will, as well as by relatives, the latter being divided into several levels, from the nearest to the distant and named.

In addition, it should be known that the notary is not looking for heirs; he only has to notify those whose coordinates he has.

He may make the necessary inquiries through available relatives or through advertisements in the newspaper.

Therefore, if any of the applicants became aware of the fact of inheritance, the right to inheritance six months after the death of the testator remains valid and may be appealed to the court.

Opening of the will

It is first determined whether the will is valid if it is known that the will of the deceased in the distribution of his property has been reflected in this way; in addition, it should be determined whether it has not changed.

In order to determine the exact existence of a will, relatives or interested persons need to contact any notary office.

At present, there is a single basis for determining whether a document is available in which office it has been drawn up and kept.

If the heir lived at the address of the deceased ' s registration

If the heir has lived with the heir all the time until the death of the deceased, he shall be deemed to have accepted the inheritance by default from the time the inheritance was opened.

If a person does not wish to accept the inheritance, he must write a declaration of refusal, and a term of six months is set for that purpose.

Otherwise, he will automatically accept the inheritance after that time.

If the heir ' s place of residence is unknown or cannot be established

The Russian Constitution stipulates that every person is free to reside where he wishes; for this reason, it is not always possible to determine the exact place of residence of the heir, in which case the place where the inheritance will be opened will have to be determined by the place of the deceased's inheritance and, in the case of the location of the deceased's property in different places, by the main part thereof.

Opening a Notary's Legacy — Procedure

The process itself to open the inheritance case has a clear sequence. The following algorithm should be used to comply with all formalities:

1. A death certificate — without this document, it is impossible to open a inheritance case;
2. Identify the place where the application is made;
3. To file an application with a notary on a personal visit or to mail it;
4. Start collecting missing documents and provide them with a lawyer;
5. Verification by the notary of the data provided and recording of documentation;
6. The issuance of a certificate of the documents received and the opening of the inheritance case.

Time frame

The law stipulates that the time to open an inheritance case begins to run from the death of the testator and is limited to 180 days.

The exception is when the heir lived with the deceased because he automatically becomes the owner of the property unless he formally refused.

In the event that the six-month period has expired, all matters of inheritance shall be decided through the judicial authorities by filing claims, but this is possible if the omission has been made for a valid reason, which must be documented.

Ways

As has already been pointed out, you can apply in person with a notary; if that is not possible, there are alternative ways.

In the first case, a letter may be sent by mail, but the signature of the applicant must be certified by the authorized person and the letter must be sent not later than six months after the death of the testator, as evidenced by the stamp on the envelope.

In addition, the application may also be transmitted by a third party, but in this case the signature must also be notarized – no authorization is required.

Place

Traditionally, the place where the inheritance case is opened is the address of the heir, regardless of where it was registered, but it is necessary to know that there is a programme called "Less without Borders", which is designed specifically to facilitate the process of inheritance.

It is not for everyone to take advantage of this preference, because the program does not work in all the cities of Russia.

Documents to open an inheritance case with a notary

A package of documents must be collected before a notary can open an inheritance case.

It was not always possible to prepare all the papers before going to a lawyer, so it was allowed to bring some of the documents after the application had been filed.

It should be understood that, in each case, a specialist may request additional documentation, and should be prepared to make them available on short notice in order to resolve the question of inheritance as soon as possible.

The main documents to be provided to the notary are as follows:

• A passport or other equivalent document certifying the heir ' s identity;
• There are a number of features, depending on the method of inheritance, either by law or by will. If a separate visit to a lawyer is planned, there is no need to leave the application in advance because it can be done directly in a notary office.
• a certificate of death or a decision to declare him dead can be obtained from the registry office.
• Will (if any);
• Affiliation documents (birth certificate, registry certificate, marriage or divorce documents, etc.).
• An extract from the home book (by place of residence of the testator);
• The deceased's property documents.

Application

In order to open an inheritance case, an application must be made to the notary, who then issues the relevant certificate.

The application can be both printed and written and signed by the applicant for the inheritance; if it contains several sheets, it must be numbered.

Errors are allowed, but each correction must be certified.

According to the regulations, the call must contain a number of mandatory data: first, information on the person submitting the document, including the IFI, the place of registration (registration) and passport data.

Secondly, the exact date is indicated when the inheritance case is open and the will to enter into inheritance rights is expressed.

In addition, the location and composition of the inheritance are described, together with data on citizens who also claim part of the inheritance.

Death certificate

An important document that makes it possible to open an inheritance case is the death certificate, which is obtained from the civil registry authorities of the deceased ' s place of residence.

The name, first name and patronymic of the deceased is indicated and the date of death is mandatory.

A document was being issued within one day of circulation, but it was worth knowing that a State duty would be required for the issuance of official paper.

Confirmation of consanguinity

In order to confirm the relationship with the deceased, documents must be provided to show that this is the case.

First of all, they include the birth certificate and the marriage certificate/dissolution certificate; if a change of name has been made, this should also be documented.

If the relationship could not be documented and was established by a court order, those documents should also be provided.

Certificate from the deceased ' s place of residence

In order to obtain a certificate, the applicant ' s passport, the death certificate and the document confirming the relationship with the deceased are issued by the Single Information and Calculation Centre or in the passport table. This document is submitted to the notary office only in its original form, on an official form, certified by the signatures of the authorized persons and by the stamp.

• FIO and date of birth of the deceased.
• Address of permanent residence (registration).
• FIO and dates of birth of persons who lived with the deceased at the time of his death.

Property documents

In order to deal with inheritance cases, it is necessary to hand over to the notary the documents that confirm the ownership of the deceased in order to complete the inheritance, which may be of various kinds:

• Law-making documents (contract of sale, exchange, gift, opening of bank account, certificate of privatization, inheritance);
• Shares, details of the shareholders ' register;
• Savings book;
• A certificate of registration of ownership;
• Technical passport for the vehicle;
• Technical and cadastral passports for real estate and land;
• Legal person ' s statutes;

Assessment documents

All inherited property must be valued.

It is necessary not only to share property equally among the applicants, but also to calculate the State duty that is paid to enable the certificate of inheritance to be issued; it must be borne in mind that the assessment must be carried out at the date of death by the heirs – earlier acts have no legal effect.

Evidence of actual acceptance of the inheritance

In order to prove the actual acceptance of the inheritance, a number of additional documents would be required, including:

• Papers showing payment of utility payments, contributions that are related to the subject matter of the inheritance;
• certificates of payment by the successor of the deceased ' s debt;
• Copies of the successor ' s claims to the debtor ' s debtors.
• Contracts for the improvement, protection and lease of real property;
• A certificate from law enforcement agencies, local authorities or EEOs on the fact of living together;
• certificate of the heir ' s use of property (residence in the home, use of land, garage repairs).

Cost of a notary ' s inheritance

Initially, it should be clarified that the inheritance process is lengthy and consists of several stages, and it is therefore necessary to be prepared to pay more than once.

• Payment of State duty for the issuance of the Death Certificate;
• to pay a fee to open an inheritance case with a notary.

These are the main expenses that will have to be borne by the heirs, and it is worth noting that we have to pay for:

• Certificate of signature on documents;
• Advisory services;
• Study of the will;
• Preparation and processing of inheritance documents;
• Information gathering, etc.

The size of the majesty

How much is a service to obtain a certificate of inheritance?

It has been established by law that all heirs are divided into several ranks, depending on which the boundary value is not exceeded.

All those on the following lines pay an amount equal to 0.6 per cent but not more than 1 million roubles.

What kind of notary is it possible to open an inheritance case?

The discovery of the inheritance takes place immediately after the death of the human being; this procedure is often confused with the opening of the inheritance case; the inheritance case can only be opened when the heirs themselves take care of it and come to the notary office with an application for the inheritance.

The actions performed by the notary in the conduct of the inheritance are to receive the application, collect and prepare the necessary documentation, ensure the preservation of the estate, etc.

It is not possible to inherit part of the estate; the heirs who have decided to accept the inheritance, in accordance with the laws, must accept it in its entirety.

It is not for a notary to make an act of inheritance, but it is for him to accept the application and the documents, and after examining them, to issue a certificate of right to inherit; for this purpose, the successor must not only file an application but also prepare the necessary package of documents which contain information on the death of the owner of the property, proof of the applicant ' s relationship with the deceased, and other documents.

How to Commence an Inheritive Case

If you're going to apply, don't forget to prepare all the necessary documents.

In accepting the inheritance, one must be prepared for a whole set of important actions, namely:

• The procedure for accession to inheritance rights;
• To write a statement and pass it to the notary at the last residence of the deceased heir;
• To hand over to the notary all necessary documents confirming the relationship with the deceased heir, the existence of a will, a list of property, etc.;
• Taking an inheritance or a share thereof;
• Transfer to the successor of funds held in a bank.
• Accepting the child ' s share in the deceased ' s inherited property;
• If any of the heirs choose to be of their share and inheritance in its entirety, the intention must be confirmed by a statement.

An application for succession by the heir.

If the beneficiaries want the notary to open the inheritance case, the necessary requirements for the procedure should be met, namely, the preparation of a declaration and the preparation of a package of documents; the notary may not be selected only at the last place of registration of the deceased heir; any notary may be contacted to date.

Traditionally, the heirs approach the notary personally and it is also permissible to send the document by post or through a representative. In both cases, the signature of the document must be notarized; the existence of documents confirming the relationship to the deceased or the existence of a will is mandatory.

The notary is selected:

• In the area where the deceased heir lived before his death;
• at the location of the most valuable part of the estate.

A modern programme entitled "Less without Borders" helps to make the procedure of inheritance more accessible; only one notary can conduct one inheritance; therefore, if a few more inheritance cases are found in the process, they are sent to the specialist who opened the case in the last place of residence of the deceased heir.

Mandatory action by a notary on the opening of a inheritance case:

• Registration and preservation of inheritance records;
• To notify all those claiming the inheritance of its discovery;
• Sending requests to various organizations to obtain the necessary information on the case;
• Security of property that is unattended;
• The issuance of a certificate of right to inherit;
• Other activities important in the procedure for the inheritance of the deceased owner ' s property.

All documents that come in response to requests need to be sorted and filed into a particular inheritance case.

As we mentioned earlier, the inheritance case may be conducted by a notary, notarial cases are based on a territorial division, i.e. the deceased owner ' s inheritance can only be dealt with by a specialist who works in an area where the deceased has previously lived (art. 1115 of the Civil Code).

Consider the following example:

K. ' s successor submitted an application for acceptance of the deceased ' s inheritance, namely his car, which was registered in the town of Tula. Among the documents handed over to the notary, there are documents (registration documents and vehicle registrations) confirming that the registration of the vehicle took place at the place of the notary ' s business.

It was later established that the deceased heir had a share in the ownership of the monuments factory in Rostove-on-Donu, which is the most valuable property in the entire estate.

The notary who opened the case in Tula, in accordance with paragraph 135 of the Notary Rules, referred the inheritance to Rostov-on-Don to another notary.

When the heir applies for the inheritance, he must submit to the notary a document confirming the place of registration of the deceased heir at his place of residence.

The authorities responsible for registering citizens at their place of residence are the territorial authorities, the local offices of the Federal Migration Service and local administrations.

The heirs, by identifying the notary who will handle their case, should draw attention to some points:

• Where the deceased had a permanent propiska but lived in a residential area at another address temporarily, the inheritance case may be opened only at the place of registration; for example, the inheritance case cannot be opened at the military duty station, the student ' s place of study and the prisoner ' s place of residence; this does not apply to persons who have died in residential institutions for the disabled, nursing homes, veterans ' homes, citizens in monasteries and temples, etc.;
• If it is not possible to determine the place of residence of the owner of the property before his death, the following rule is laid down: the inheritance will be opened at the place where the deceased ' s property is located (art. 1115, para. 2). When there are several objects in the inheritance, the case will be opened at the location of the most valuable immovable or part of the movable property;
• Sometimes it is not possible to determine the place where the inheritance is to be opened on its own, in which case it is necessary to resort to the assistance of the court, and a request is made to the court to determine the place where the inheritance is to be opened (article 1115 of the Criminal Code of the Russian Federation). The court will decide on the matter and the heirs will be obliged to appeal to the notary, which will be specified in the court ' s decision;
• In some cases, citizens who had been temporarily resident abroad died there, but had been registered in Russia, in which case the procedure for inheritance and the opening of the inheritance case would depend on international disclosures concerning the conduct of notary affairs.

Citizens of the Russian Federation have the right to inherit the property of deceased relatives and notaries who are involved in the opening of the inheritance and inheritance are called upon to ensure these rights of our citizens. Art. 1154 of the Russian Civil Code sets out the time limits during which the heirs are obliged to inherit.

The discovery of the inheritance takes place after the death of the owner; within a six-month period, the inheritance must be made public and the inheritance itself must be made public; this does not mean that the matter will be completed by the end of the term, depending on many circumstances (the denial of a portion of the inheritance in favour of another successor, the emergence of differences, etc.).

The procedure for inheritance involves the payment of a notary and the payment of a State duty.

Notarial rules are one of the main documents that notaries guide their activities.

In accordance with the regulations, notaries perform the following acts:

• Accept applications and documents from the heirs;
• Register the papers, issue the certificates for the commencement of the inheritance case;
• Draw up lists of property belonging to the estate;
• Monitor the safeguarding of inherited property that is temporarily unattended;
• notify the other heirs of the opening of the inheritance;
• examine the documents received, verify the validity of the facts set forth in the documentation.

When documents are submitted to a notary, they must be recorded in the relevant register; the date of registration must coincide with the date of submission of the documents.

The inheritance case is filed in a separate folder; it is assigned a number where there is necessarily a year of discovery; then all the cases are entered in the Alfavit Book and in the register of inheritance cases of a single information system related to notarial processes.

When the case is completed, the heirs receive back the document which was the basis for its opening (a will, a death certificate).

If the heirs resort to the assistance of a notary to ensure the preservation of the estate, they shall draw up a statement to that effect; this document shall also be filed with all other documents.

Time limits for the opening of the inheritance case

The heirs who claim the inheritance of a deceased relative must pay special attention to the period of the inheritance; they have only six months to apply to a notary who wishes to receive the inheritance.

A certificate of inheritance may be issued not earlier than six months after the death of the owner of the property; when the heir has not shown any intention, he shall be automatically recognized as having abandoned the inheritance.

For a period of three years, the heir who considers that his rights in the division of property have been violated may file a complaint with the court; this period of three years is the statute of limitations; in some cases, the time limit may be extended.

Succession cases are kept for quite a long period of time by a notary who has dealt with them. The law sets a time limit of 75 years for the examination of a particular case, which depends on the circumstances of a particular inheritance case.

Sometimes the review takes place as soon as possible, and in some situations it is delayed because of disputes and disputes over inheritance distribution, and the length of the process is affected by the process of collecting documents.

Often, in the process of reviewing documents and receiving responses to inquiries, additional circumstances of the case open up, which may lead to judicial review of certain issues.

Legacy

According to article 1110 of the Civil Code, inherited property formerly owned by a deceased citizen is transferred to its successors in the framework of the succession of the universal succession, in thatas it stood at the time of the discovery of the inheritance(i.e., in the case of the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia, the former Yugoslav Republic of Macedonia and the former Yugoslav Republic of Macedonia.

According to article 1153 of the Civil Code, in order for the entire estate to be accepted, the prospective heir must make a declaration to the notary.

The institution of a case is permitted only after the opening of the inheritance.not more than one case.

1115 HC is to be handed over to the notary who is competent to handle the case, and the heirs must also know that:

• The reason for opening a inheritance case is to obtain a first document from the heirs, which will be in one way or another.prove the discovery of the inheritanceSuch a document may well be a death certificate, death notice, a court decision declaring the deceased.
• Such a role may also be played by applications for a certificate of succession, any other applications, including those made with irregularities, on the basis that documents submitted with irregularities can only be used as grounds for refusing notarization if the applicant fails to submit to the notary, within the prescribed time limit, applications that are duly processed.
• Documents and applications submitted to a notary for the opening of an inheritance case may be handed over to him asin person and through the post officesHowever, all documents, except those that are not subject to seizure, are accepted in their true form and on the basis of a notary ' s receipt.
• An inheritance case opened by a notary must be registered in the register of inheritance cases, after which an appropriate number shall be assigned to him; in the above-mentioned book, except in the case itself, all applications made on it by the heirs shall be registered.a special cover shall be openedwhich contains all documents and special details.

Legacy notaries

As mentioned above, only one inheritance case can be opened with respect to the property of one heir.by territorial division of land-use, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change and forestryThe management of inheritance cases by notaries.

This means that only a notary who carries out his or her activities is entitled to open a case on his or her own estate.In the district where the inheritance is openedwhich, in turn, is generally determined by the last permanent or dominant place of residence of the deceased heir (article 1115 of the Civil Code).

According to one of T ' s heirs, the notary in the inheritance cases of Taganroga opened the inheritance case at the place (registration) of the deceased T ' s movable estate, namely the car, and the heir submitted the registration documents for the car and its transport document in order to prove the correct location of the inheritance.

However, during the course of the inheritance proceedings, the notary received a notice from his colleague from Voronezh, who found that T had a share in the ownership of the warehouse complex, which was the most valuable part of his inheritance, and on this basis and on the basis of para.

135 Rules of notarization and inheritance were to be handed over to the above-mentioned notary.

In order to confirm to the notary the place where the inheritance was opened and to open the inheritance file with him, the complainants provide him with documentary evidence of the registration of the deceased heir at his place of residence issued by the registry authorities.

Such bodies are the territorial executive bodies responsible for monitoring and supervising migration - local officesFederal Migration ServiceIn addition, in determining the necessary notary for inheritance cases, it must be borne in mind that:

• If the heir was permanently or predominantly resident at the time of death at the place of residence or temporary registration, but still kept the registration at the place of residence, the estate case is opened by the notary anyway.by place of residenceThus, it is not permissible to open a inheritance case at the place of military service, the place of student education, the place where criminal punishment is served, etc.Not validPersons who died in social institutions (disabled homes, veterans ' homes) and citizens who lived in monasteries, temples and other places of worship at the time of their death.
• However, if the place of permanent residence of the heir is not known or cannot be established, the provisions of article 1115, paragraph 2, of the Civil Code shall apply, on the basis of which the notary who performs the notary ' s activities in the district is required to open such inheritance cases.at the location of the deceased ' s propertyIf it is present in several localities, it is the location of real property or its most valuable component, or if it is not, the location of the most valuable component of movable property.
• If it is not possible to independently determine the place where the inheritance is to be opened within the framework of article 1115 of the HC, it shall be determinedin judicial proceedingsIn such a case, the estate case will be opened by the notary at the place specified in the court decision.
• In cases where the last place of residence of a citizen of property in Russia was outside our country, the place where the inheritance was opened, and therefore the competence of the inheritance case to a notary, is determinedon the basis of international treaties.

Time limit for the commencement of the inheritance case

The domestic law does not specify a specific time limit within which a notary must open an inheritance, but the provisions of article 1154 of the Civil Code specify a period within which the heirs must accept an open inheritance.

Moreover, it must be borne in mind that the basis for the opening of the inheritance case is a statement by the heir, in one way or another, indicating the opening of the inheritance, which, according to article 1114, paragraph 1, of the Civil Code, must be submitted to the notary.within six months of the opening of the inheritance.

The registration of the document that is the basis for the commencement of the inheritance case shall take place on the date of its receipt and, consequently, the opening of the case must take place on the date of the receipt of such a document.

At the same time, it must also be borne in mind that article 1155 of the Code of Criminal ProcedureAllows the succession to take place after the expiry of the period provided for in this article.However, if the inheritance case was not opened before the expiry of the stipulated period, it is logical to assume that the period was missed either by all the heirs or by the only existing heir.

In such a case, it is only possible to restore it to the courts, but that is not the case.does not prevent the initiation of an inheritance case after the expiry of the deadline.In the case of the author's son, the author claims that the author's son was a victim of a violation of article 3 of the Covenant, but that he was not a victim of a violation of article 3 of the Covenant.

Documents for the opening of the inheritance case

The list of documents required of the notary to open the inheritance case will vary according to the specific circumstances of the situation.

Thus, for the immediate institution of the inheritance case and the commencement of the proceedings, the notary will be satisfied with the application of the heir to accept the inheritance or to issue him with a certificate of right to inherit.

Together with him, in order to keep the estate intact, the notary will require documentary confirmation of the place where the inheritance is to be opened (article 1110 of the Civil Code). In addition to these documents, the notary will need:

1. Documentation of the discovery of the inheritance - the death certificate issued by the civil registry authorities in respect of the heir;
2. A certificate from the place of registration of the heir, indicating the persons living with him, at the date of death;
3. Documentary proof of the relationship between the heirs and the heir — marriage, birth, etc.
4. A will (if any) with a note from the notary making that it has not been altered or cancelled;
5. Documents certifying the heir ' s identity;
6. Legally establishing documents for inherited property (if any);
7. A report on the valuation of the estate, compiled on the date of the opening of the inheritance;
8. Any other documents requested by a notary.

As already stated, all documents authorized to do so are submitted to the notaryin real form under receiptDocuments which are not subject to seizure shall be submitted in the form of copies.

All documents submitted to a notary must comply with the requirements of the documents required for the commission of notary acts (article 45 of the Constitution of the Russian Federation on notaries); in particular, the documents submitted must not contain any corrections.& cross-checks & stampes & notes & errors & injuries > > > >................................................................................................................................................etc.

Administration of the inheritance case

Once the case is opened, it goes into the production of a notary.

In the conduct of the proceedings in question, the notary carries out a number of proceedings, which are combined with the same purpose:property rights of heirsOnly the notary in whose proceedings he is in is entitled to perform the proceedings in respect of the case.

If, in the course of the case, it is determined that several cases have been filed with several notaries in respect of one inheritance, all cases that have not been filed at the place where the inheritance was opened must be referred to the notary who conducts it at the proper place of the inheritance, subject to the rules set out in article 1115 of the Civil Code.

The notary who received the case by affiliation registers it as a primary document –Ground for opening the case.

If the case has already been filed, the registration of the documents received (including the cover and the accompanying letter) shall be carried out in the manner prescribed for the applications received from the persons concerned.

In the course of the inheritance proceedings,Notary performs:

• Accounting and storageThe documents that come to the notary are related to a particular inheritance case, as well as the documents that he himself has made – statements, consents, orders, etc.
• WarningAll interested persons (of whom he knows) about the discovery of the inheritance – heirs, creditors, etc.
• AcquireAll the documents necessary to certify the inheritance rights confirming the death, the time and place of the discovery of the inheritance, the existence of the grounds for the succession, etc.
• Actionfor the administration and protection of the inheritance.
• Issuance of certificates: The wife is about giving a share in the common property; the executor is about confirming his authority; the heirs are about the right to inherit.
• Any other action necessary to certify the property rights of the heirs.

All documents received by the notary during the conduct of the case are placed in a special separate cover, filled out in due course at its establishment.

Upon completion of the proceedings, the cover shall be markedDate of completion of the case, number of sheets contained therein and duration of storage.

Where a case has been reopened, the data reported at the end of the case shall be updated.

What documents are needed to open a family case with a notary?

The procedure for establishing an inheritance in a notary may take a long time.

This is due to the fact that immediately upon the death of the owner of the property, the successor will need to contact a lawyer and open the estate, often claimed by other heirs.

In order to protect the rights of all citizens and ensure order in this area, strict procedural requirements have been established by the State.

I've had to deal with this, and I can tell you exactly what documents are needed to open a notary's inheritance case. If you need advice, you'd better go to a notary office, and some details on the subject can be found in the article.

How is the discovery of the inheritance case taking place?

The procedure involves several important stages: first, the heir makes the application and then the documents are prepared to open the case and to join it; and the notary will be required to make the necessary inquiries.

In order to open a case, it will be necessary to prepare and collect a whole set of papers, and it is worth remembering that this is only six months since the opening of the case.

All the data on the case are kept in the special register of EIS notaries of the Russian Federation, so it is important that the information provided by the heir and present to the lawyer be as true as possible.

What documents may be required of the successor?

An immediate concern should be raised about obtaining a death certificate for the testator, which should be submitted to the Office of the Attorney-General to prove the death of the citizen.

The basis for obtaining a certificate is a medical certificate or a similar document (e.g. a court decision declaring a deceased citizen).

• Documents confirming the relationship with the deceased person;
• A will if such a document has been issued;
• a certificate of the last residence of a citizen.

If the death certificate has been lost, it is possible to restore the document on the day of the application and it is sufficient to apply to the register of residence.

The documents listed are necessary at the initial stage of the act of succession; there are a number of other documents that will also need to be prepared and submitted to the notary.

Much depends on what property is included in the estate.

When a notary makes requests and why?

Sometimes the notary has doubts about the reliability of the information provided, in which case the lawyer may suspend the case and send requests for clarification to the federal authorities and the municipality.

It will take a long time to avoid such a problem, and it will be better to know in advance the validity and validity of the papers produced.

Additional documents to be prepared taking into account the type of inherited property

The preparation of documentation is an essential step in the inheritance case, but each heir must know that he can avoid such troubles. The factor determining the necessary documentation for the discovery of the inheritance is the type of property in the estate. The table shows the lists of papers needed for the different cases.

Type of inherited property	List of additional documents
Land	Documents certifying the deceased ' s ownership (purchase or gift contract, contract of men); Releases from the Real Estate Register and from the Goscadastra; An act assessing the value of the land on the date of death of the testator.
Vehicle............................................................................	The vehicle may be accepted in fact or through a notary, but in any case a certificate of succession will be required to record the transport, of which the required documents are required: the vehicle ' s passport or registration certificate; Act of evaluation of TC on the day of death of the owner; TS passport.
Contribution	The money in the bank account shall be made in accordance with the general rule or by a testator ' s order, and shall be issued on the basis of a certificate of inheritance, and papers shall be required: Information on the banking institution; A register of the deceased, showing the amount of contribution on the day of the death of the citizen.
Other real estate	Real property may vary, requiring confirmation of property rights, provision of technical documentation for the property and ordering the valuation of the facility.

At the request of the notary, it may be necessary to prepare and submit additional documents for consideration, but this does not happen often.

Conclusion

The following conclusions can be drawn from the presentation:

1. The inheritance of the property consists of a notebook and the preparation of the necessary documents; the time limit is six months from the date of the discovery of the inheritance.
2. The initial documents confirming the rights of the heir and the death of the heir are submitted for the opening of the case and the death certificate of the citizen is issued in the civil registry.
3. Additional documents are prepared according to the type of property that will be passed on to the estate, and a receipt of payment of the public service is required.