How to correctly formalize a refusal of inheritance

There is a fundamental difference between not accepting an inheritance and refusing it. If the testator does not show intentions regarding his share in the inherited property within six months, then he is deprived of any rights to the inheritance due to him.

However, one remains entitled to challenge this fact in court if there are good reasons. Refusal of inheritance presupposes the active participation of the recipient in relation to his share, namely, renunciation of it in favor of other persons.

Good to know! Since this procedure is not only the right of the testator, but also a kind of transaction, the application can be declared invalid within six months from the date of death of the testator, i.e. before receiving the Certificate of Inheritance. After this period has expired, it is impossible to challenge the refusal.

How to draw up an application for refusal of inheritance?

There are approved templates for drawing up applications for renunciation of inherited property, compliance with which is strictly required.

The document must reflect the following mandatory and unchangeable points:

1. The header of the document must contain information about the name and physical address of the place where the application was accepted, as well as the applicant’s personal data (full name, place of residence).
2. In the center of the sheet the name of the document is indicated: “statement on renunciation of inheritance.”
3. The text of the appeal contains information about the testator, namely the full name and date of death, the basis of inheritance, and the will of the testator itself is necessarily stated, indicating the applicant’s intentions regarding the inherited property. If the application is submitted to the court, the reason for the late application must be indicated, supported by evidence. If you intend to transfer inheritance rights in favor of a specific person, you must indicate his full details.
4. At the end of the application, the date is indicated and the applicant’s signature is placed with a transcript.

Application for refusal of inheritance - sample

Reasons for refusing inheritance

There may be various reasons behind the deviation of the hereditary share. The assignee may act either on a voluntary basis or be forced to make such a decision.

Cases of voluntary abandonment in favor of close relatives are quite widespread:

So, for example, a spouse has the right to refuse a car due to her in favor of the child of the deceased; one of the heirs can transfer the inherited share in the apartment to relatives, due to living in another region, etc.

Good to know! This procedure can be used to speed up processing times. If you do not want to claim the inherited property of all successors, documentation takes place much faster, long before the expiration of six months.

Among the forced reasons for refusal, we can highlight primarily those that bring a loss after obtaining the right to property.

This occurs in cases where the cost of registration exceeds the cost of the document being registered or when, with the right of ownership of the property, debt obligations on it are also transferred. In such cases, accepting a “gift of fate” is not profitable for economic reasons.

In what cases is refusal impossible?

There are a number of cases when it is simply not possible to refuse an inheritance. Let's look at them in more detail:

• you cannot deviate from the obligatory part of the inheritance, which most often acts as financial assistance to minors, people with serious illnesses, and people with disabilities (Articles 1149.1158 of the Civil Code of the Russian Federation);
• refusal is impossible from escheated property.

An inheritance is considered escheated in the following cases:

• absence of legal successors or heirs under a will;
• impossibility of acceptance of inherited property by legal successors;
• refusal of inheritance without transferring rights to specified persons;
• non-acceptance of inherited property by legal successors. In the presence of the above conditions, in accordance with Art. 1151, 1157 of the Civil Code of the Russian Federation, the right of inheritance passes to the state;
• It is prohibited to renounce part of the inherited property (it is possible to renounce only the entire inheritance) in the absence of a second basis for inheritance. In cases where property is vested both by will and by law, waiver of one of the grounds is possible.

Separately , it is worth noting that a refusal containing conditions and reservations is impossible. For example, if after accepting the right of inheritance, certain nuances or debts emerge.

Types of refusal of inheritance

The legislative framework identifies several variations of property abandonment:

• absolute;
• for the benefit of other persons.

In the first case, the successor renounces the due inheritance, without noting the privileges for the renounced share of third parties. Thus, he loses the right of ownership of the inherited property, which in turn is distributed among other heirs of different orders, in the manner established by the law of the Russian Federation.

Good to know! If the due share is rejected in favor of other persons, the receiver renounces the right of inheritance due to him in favor of other heirs by will or by law.

You should know that the Civil Code of the Russian Federation limits the circle of persons in whose favor the transfer of inheritance rights is possible. Thus, a citizen can transfer his right of inheritance in favor of the following persons:

• receivers with family ties;
• heirs who are obviously not deprived of inheritance by the owner;

In addition to the above, the successor does not have the right to renounce the property due to him in favor of another person, if the owner has appointed a so-called sub-heir, i.e. the person receiving the inheritance in the event of a primary rejection.

From the above it follows that inherited property can be abandoned exclusively in favor of relatives or citizens noted by the deceased in the will.

How to formalize a refusal of inheritance?

acc. from Art. 1159 of the Civil Code of the Russian Federation, disagreement with the will of the testator is formalized in writing and submitted within six months from the date of death (in some cases, recognition of him as deceased by the judicial authorities) of the owner, a notary, at the place of residence of the deceased.

The place of residence is the actual address of the testator's recent residence. In a situation where it is not possible to establish the exact address of residence, the application is accepted by the competent organizations at the place of registration and location of the inherited property.

There are several ways to submit an application:

• personally by the legal successor;
• sending by registered mail, and the document must have a notarized signature;
• a third party acting on the basis of a notarized power of attorney signed by the principal.

Let's celebrate! In the latter case, to draw up a power of attorney, you should use the services of a lawyer to clarify the rights and obligations of the trustee in this situation.

Required documents

When abandoning inherited property of persons under 18 years of age or incapacitated citizens, it is necessary to obtain permission from the guardianship authorities.

In addition to the application itself, the following package of documents is prepared:

1. Certificate of death of the owner;
2. Certificate of the last place of residence of the deceased;
3. Documents confirming the presence of family ties;
4. TIN;
5. A document confirming the property of the testator;
6. Property valuation certificate;
7. Extract from the house register;
8. Will (if any);
9. Power of attorney (when submitting documents through a representative).

On average, this procedure is estimated at 1000 rubles, the price includes forms, as well as the notary’s work itself.

Consequences of refusing an inheritance

Any decision regarding the acceptance of inherited property must be well thought out and weighed before the registration procedure begins. It is important to understand that refusal of inheritance is an irreversible procedure that does not accept any conditions. It is impossible to accept property, but renounce any part of it, to accept real estate, but not pay debts for it.

So, to formalize the refusal of inheritance:

• the required package of documents and contact the notary office at the place where the inheritance was opened.
• When applying through mail or an authorized representative, you must double-check the correctness of execution of absolutely all documents, including the power of attorney.
• Failure to fill out documents correctly will significantly prolong the refusal process.
• In case of refusal in favor of third parties, it is necessary to clarify whether the latter have the right to accept the inherited property.
• If you have even the slightest doubt about the actions of the notary’s office employees, seek advice from an independent lawyer, since the decision to abandon inherited property is irreversible and cannot be contested.

Refusal of inheritance: how to formalize a “renunciation”?

Many people believe that an inheritance is a great success. Is it so?

In life it happens quite the opposite. Sometimes inherited property turns out to be simply unnecessary - if, for example, the heir lives in another city or country. And sometimes it can bring many problems - for example, if the debts of the testator significantly exceed the property owed. In such situations, it is better to voluntarily renounce the right of inheritance.

How is the refusal procedure carried out, what legal consequences will it entail? You will find out by reading our article.

Refusal of inheritance

Everyone knows that the law gives legal successors 6 months to formalize an inheritance. But various reasons arise (subjective or objective) that prevent relatives from completing documents on time. And as a result, the right to receive property is canceled, or rather, transferred to other persons. However, sometimes this right can be renewed.

It’s another matter if the applicant purposefully abandoned the property. Then it will not be possible to change the previously made decision and restore the lost opportunity.

Refusal of inheritance happens...

• indefinite - without identifying other applicants. Then the property is distributed among successors in succession or among relatives who are determined by the testator himself;
• committed in the interests of a certain person from among the applicants. In this case, the property passes to the specified heir. But we'll talk about this later.

It is the legal right of the heir to refuse property or accept it. Any pressure to force a person to enter into inheritance rights or to renounce them is prohibited.

Is it possible to cancel in advance?

It should be taken into account that when the owner is alive, there can be no talk of either inheritance or inheritance rights. Property belongs exclusively to the owner, who has the right to use, own and dispose of it. No one else will be able to claim rights to his property, formalize the refusal or realize it.

Thus, non-acceptance or acceptance of property can be formalized only after the death of the testator. As we noted, a six-month period is provided for performing any actions, which is calculated from the moment of death of the testator. While the testator is alive (as before the expiration of the six-month period), nothing can be done.

If it is impossible to issue a “refusal”, then how can one legally “eliminate” an applicant for an apartment? The owner can draw up a will and independently determine the desired successor, and deprive the remaining ones of the right of inheritance. Then no one will have to issue a refusal.

Refusal in favor of certain persons

Sometimes close relatives agree that one person will receive all the property. As we said earlier, there may be several reasons for this - for example, some legal successors do not need an inheritance, while for others it is vital.

To implement such a plan, relatives who do not want to take advantage of their rights should abandon the property due to them in favor of other heirs. We previously talked about this in the article “Refusal of inheritance in favor of other heirs.”

In favor of whom can you refuse?

It should be clarified that not every relative can act as a new successor after hereditary rejection. The law clearly defines the persons in whose interests property can be abandoned.

So, non-acceptance is permissible only in favor of the person who...

1. refers to legal successors or is specified in a testamentary document;
2. not deprived of the right of inheritance (as stated in the will) and not declared unworthy (based on a court decision). In the article “Disinheritance by will and by law,” we explained what grounds exist for declaring an heir unworthy.

When is it impossible to refuse in favor of a certain heir?

A “waiver” can be signed without identifying new heirs solely at the own will of the legal successor.

The law also contains cases when refusal in the interests of specific persons will not work - unconditional refusal is allowed (without specifying certain persons).

It will not be possible to draw up renunciation documents in favor of another heir if...

• all property is bequeathed to a single claimant;
• In addition to the main legal successor, the testator identified a sub-designee. In other words, the owner provided in the testamentary document the possibility of refusal by the main legal successor (or failure to enter into inheritance for other reasons) and indicated a sub-appointed applicant to whom the rights would be transferred.
• the property is claimed by an heir with an obligatory share.

To summarize: in these situations, non-acceptance of property is formalized without identifying new heirs.

By the way, refusal of inheritance can be annulled. We talked more about this in the article “Is it possible to recognize a refusal of inheritance as invalid?”

Refusal without specifying specific persons

So, it is possible not to accept inherited property without identifying the persons to whom it will be transferred. Then the property is distributed as follows:

1. by law - between applicants of the same priority as the “refusenik”, or, in the absence of the latter, between legal successors of the next priority;
2. by will - if a designated heir is determined.

How is the share of the renounced legal heir distributed?

Let's look at a few examples of how a “renounced” inheritance can be distributed among relatives of a single line.

A woman has died. The legal primary successors include the husband, two sons, father and mother. Each of the above persons receives the right to a fifth of the property. If one of the heirs, for example, a husband, refuses the part due to him, it does not go to anyone in particular, but is distributed among everyone. Thus, sons and parents are entitled to a quarter share.

Let's consider another example - how property is distributed among relatives of subsequent orders if the only applicant of a higher order has not accepted it.

Since the daughter is the only primary legal successor, all property passed to the relatives of the second group - to her aunt and uncle, that is, to the brother and sister of the deceased mother.

The latter entered into inheritance rights and redistributed property equally.

Division of “abandoned” inheritance according to a will

The inheritance estate, which was not accepted by the person specified in the will, is distributed in a completely different way.

As we mentioned earlier, the testator has the right to determine the main (designated) successor and the sub-designated (in other words, the spare). If the appointed applicant dies, for some reason loses his rights or renounces the property, his share is transferred to the designated heir.

There are no restrictions on the number of main and additional assignees. Also, the testator cannot be limited in the choice of conditions for the transfer of rights - in case of refusal, recognition of the heir as unworthy, failure to fulfill the conditions determined by the testator, etc.

If the testamentary document does not specify sub-designees, and the main designated successor has executed a non-acceptance, the legal heirs receive the property.

Refusal period

Registration of an inheritance, as well as its non-acceptance, is limited to a six-month period, which is calculated from the date of opening the procedure.

It should be noted that failure to accept property (failure to contact a notary with the relevant documents) does not mean abandonment of it. Often, relatives do not legally enter into their rights (they do not contact a notary), but at the same time they actually accept the inheritance (they own, use or dispose of the property - all or part of it). In such a situation, the inheritance is considered accepted.

We talked more about the procedure for restoring the deadlines for accepting an inheritance in this article.

How to formalize non-acceptance of an inheritance?

It’s easy to renounce property – you just need to visit a notary and submit an application. There are several ways to submit a refusal:

• personally arrive at the office where the case is registered and sign the documents;
• fill out and certify the application from another notary, and then send the documents by mail, courier or courier to the office where the inheritance procedure is open;
• issue a power of attorney in the name of another person - with the right to provide relevant documents on behalf of the legal successor. Then the representative will be able to draw up and sign a statement at the notary’s office on behalf of the heir.

Statement

It is not difficult to draw up a “waiver” document; you can do it yourself, without the help of a lawyer.

The application must contain the following information:

• address of the office where the procedure is open;
• Full name, place of residence/registration of the applicant;
• descriptive part - renunciation of inheritance rights in the interests of new successors, or non-acceptance of property without identifying such persons;
• date of document execution;
• signature.

Documentation

In addition to the application, to draw up a refusal, you need to collect and submit to the notary a package of documents, namely:

• passport of the legal successor;
• documents certifying inheritance rights (if the applicant is legitimate - documents on family ties, if expressly defined in the will - the will itself);
• death certificate of the owner;
• documents about the last place of residence of the testator.

It is possible that the notary will require additional documents - it depends on the situation.

Legal consequences of refusal

Failure to accept an inheritance is a rather serious step. Before committing it, you need to understand all the legal consequences of this action.

1. The assignee will not be able to annul (cancel) his refusal;
2. If the successor has previously completed an application to accept the inheritance or has actually accepted the property, it is possible to refuse.
3. An incapacitated successor will not be able to formalize non-acceptance without the consent of the guardianship council.
4. Registration of non-acceptance of part of the inheritance mass is not allowed. You cannot, for example, receive property and refuse debt obligations.
5. It is impossible to issue a refusal on condition.

For example, you cannot indicate in a statement that “if I have debts, I refuse. If there are no debts, I accept.”

1. You can renounce the entire estate or part of it if the inheritance procedure is carried out for different reasons.

Let's give an example: you can accept the property specified in the testamentary document and formalize the waiver of property due by law. Or inherit all the property specified in the will and due by law. Or sign a waiver of ownership for all reasons. You can read more about how to refuse part of an inheritance here.

1. Property specified in the will can be abandoned solely in the interests of the designated heir.
2. The successor who received the inheritance after it was not accepted by another applicant also has the right to formalize the refusal.

Refusal of an inheritance by heirs, how to refuse a share of the inheritance in favor of another

Last updated February 2023

An inheritance sometimes implies not only “mountains of gold”, but also debts, hassles and impressive state fees for its registration. But any heir has the right to choose - to accept or refuse the inheritance.

Make it real. According to paragraph 2 of Art. 1157 of the Civil Code of the Russian Federation - it is possible to renounce accepted property until 6 months have elapsed from the date of opening of the inheritance. That is, exactly the same period is provided for accepting an inheritance.

If the deadline is missed and there was actual acceptance of the inheritance, then only the court will be able to recognize you as having renounced the inheritance. In this case, the reasons for absence must be valid. That is, ignorance, busyness, etc. will lead to the fact that the court will not grant your request.

In this case, the actual acceptance of property should be considered:

• ensuring its safety;
• maintenance (repair, reconstruction, etc.) and improvements made;
• debt settlements, current payments;
• And so on.

Valid reasons may vary:

• serious illness;
• forced long-term travel (business trip, etc.);
• opposition to the implementation of the refusal by third parties, including a notary (for example, the notary received a statement of refusal from the heir, but did not give it a go);
• and so on.

How to do it

“Refuse inheritance” means to perform a legal action.
Anyone who thinks that inaction is enough for this (just do nothing and everything will come to its senses by itself) is mistaken. You need to formalize your decision by writing a statement of refusal of inheritance to the notary who opened the inheritance case.

It is written quite briefly and concisely, but is divided into two types:

Its content will be something like this in the first case: “I, Petrov Ivan Evgenievich, renounce my share in the inheritance of my father Petrov Evgeniy Fedorovich, who died on February 28, 2018.” The notary to whom you write it directly will help you draw up the header of the application. And he should also have samples of such statements.

It involves adding to the main part of the application an indication of the identity of the person in whose favor the refusal is being made. It looks like this: “I refuse my share in the inheritance in favor of Sergei Fedorovich Petrov - my brother, the son of the testator, who lived with him at the same address.”

There is no need to indicate the reason for your decision. But know that it will no longer be possible to accept the inheritance back or change your refusal in favor of another heir.

If the refusal is made by an adult capable person, then he does not require any consent (for example, from a spouse). It is enough to come to the notary, present your passport and submit a waiver application. In this case, an inheritance case must be opened.

A representative of the person refusing can submit an application. To do this, you need a notarized power of attorney with a special clause regarding such authority. This is used by heirs living in other regions of the country from the place where the inheritance was opened.

The refusal does not include any state duties or taxes. The only thing you need to pay for is the notary for the application (300 rubles), and not all notaries charge this fee (many notaries do it for free).

No certificates are issued. The whole procedure consists of submitting an application, which is registered in the book of inheritance affairs.

Is it possible to refuse in someone's favor?

The heir can simply refuse the inheritance, without caring about its further fate, or in favor of one of the heirs, thereby predetermining his fate.
In this case, the inheritance can go to someone from the circle of legal heirs of any order or to someone indicated in the will, but only if they were not deprived of the inheritance.

In this case, it is not necessary to obtain the consent of the person in whose favor the refusal is being made. Refusal is a unilateral action.

There are situations when the parent who was the owner of the apartment dies, and he is left with several children. Often one of the children receives the inheritance alone.

Example: One of the children of the deceased lived with him, looked after him, helped. The other two live in other cities with their families and have their own real estate. In such situations, most often the other two brothers (sisters) refuse in favor of the one who lives together with the parent until death.

How to refuse a minor

The guardianship and trusteeship authority must give permission for such actions of the minor. He cannot personally process the refusal. His parents or guardian do everything for him.

To obtain this permit, you must submit the following documents:

• statement from a guardian or parents;
• a child’s application with consent to refuse (written in person if the child is 10 years old);
• certificate of inheritance;
• a copy of the testator's death certificate;
• a copy of the passport of the guardian or parents;
• a copy of the birth certificate (passport) of the minor;
• a photocopy of a certificate of the minor’s place of residence;
• written explanations for the refusal. That is, to motivate the reason.

Five calendar days are given to the guardianship authority to decide on the decision and notify you about it. If the permission is positive, then take it along with the above package of documents and go to the notary. Already there on the spot write a statement of refusal to inherit.

What is the difference between right of use and ownership?

The difference is that you can use it without accepting the property as an inheritance, but the right of ownership cannot. Ownership of an apartment or house, which is bequeathed, in itself already confirms the fact of acceptance of the inheritance, but use is rather the opposite.

Example: A son and his mother lived together in the same apartment, which was registered in her name. She dies, he and his sister will be the legal heirs.

But the son does not want to inherit the apartment, since he will not be able to “maintain” it due to the lack of regular income, but at the same time he wants to continue to live in it.

In this case, it is best for him to write a refusal in favor of his sister, but at the same time he will retain the right to use the apartment premises.

Why issue a refusal?

A refusal is required. This is an order from which, of course, you can escape, but in the future these same “escapes” can turn against you.

• If you do not take into account your benefit in this matter, then you will simply make life easier for other heirs by writing a refusal if you have no plans for this inheritance.

Example: Mother and daughter are heirs under a will drawn up by their husband and father. By mutual decision, they determine that all property should be registered in the mother’s name. If something changes or their opinion changes, they will reissue it.

In an amicable way, it would be right if they went together to a notary and one wrote an application to accept the inheritance, and the other to refuse.

Then the inherited property would be “clean” and no questions would arise at the time of its subsequent sale (the risk of possible heirs appearing out of nowhere scares buyers, which affects the price).

• Some heirs specifically refuse the inheritance in order to save on state fees.

Example: The heir's children and nephew enter into inheritance. The state duty for children is 0.3% of the value of the property, for a nephew 0.6%. In order not to pay the nephew a large amount, he refuses the inheritance (by general agreement) and the state duty is paid in a smaller amount. Subsequently, after entering into an inheritance, a “related” division of property is carried out.

When refusal is unacceptable

Articles 1157 and 1158 of the Civil Code of the Russian Federation contain instructions on the circumstances under which refusal of inheritance is unacceptable:

• escheated property is inherited (this is for municipalities);
• if you refuse in favor of persons deprived of inheritance (they can be both those indicated in the will and those recognized as unworthy heirs by the court);
• refusal of part of the inheritance (the inheritance is accepted in full, including debt obligations);
• if you establish a condition of refusal, reservations in this case;
• when another heir is assigned to the heir;
• refusal of the obligatory part of the inheritance;
• implementation of a refusal in favor of those not specified in the will, if it takes place. However, this rule does not apply if there is a mixed inheritance (part of the property by will, and part by law);
• refusal in favor of a stranger, that is, not a relative and not indicated in the will.

When a refusal is invalid

Then, when the heir was in error, was deceived, someone threatened him or even used violence if he did not direct his actions and did not understand their meaning.
But the presence of these circumstances does not necessarily indicate the invalidity of the refusal. It will be considered invalid only when it is recognized as such by the court.

Reasons for refusal

Statistics show on average every eighth person does not want to accept the inheritance and writes a refusal. Common reasons are:

• debts of the testator (unpaid loans, mortgages, debts for housing and communal services, etc.);
• low value of the property (after paying for the services of a notary for registering an inheritance, state fees, in fact you get pennies);
• the impossibility of dividing property between several heirs (when, for example, the inheritance is a car that is inherited by 3 heirs);
• the inheritance is in a deplorable condition (for example, a house or apartment), and more money needs to be spent on bringing it back to normal condition than the value of the inherited property itself;
• reluctance to fuss with registration (this motivation is especially common among people living far from the place where the inheritance was opened).

How to correctly formalize a refusal of inheritance according to the law?

Inheritance is movable or immovable property. But in addition to material benefits, unpleasant things can also await a successor - responsibilities, certain conditions and even debts. The procedure by which property is transferred into the hands of persons determined by a testamentary document, or in accordance with the law, is called inheritance.

The beginning of the process is considered to be the moment of the death of the testator or the declaration of his death by a judicial authority. The composition of the inheritance does not include the personal obligations and rights of the deceased. We are talking about civil liability and other debts.

The successors are chosen by the testator, having previously recorded their names in the testamentary document. Otherwise, they are determined in the manner prescribed by law. Applicants for property have the right to either accept it or refuse it. Moreover, this can be done in whole or in part.

What is renunciation of inheritance

Refusal of inherited movable or immovable property represents an officially registered disagreement with the conditions proposed by the testator. Moreover, he does not want to accept the inheritance as property, rights and obligations left by the testator. The choice lies only with the successor himself.

However, you need to think carefully before refusing. Thus, accepting inherited property is not an obligation, but a privilege. However, there are still some exceptions where the applicant cannot renounce the condition. Non-acceptance must be registered at the notary's office within 6 months. To do this, a waiver application is drawn up with the help of a lawyer.

Relinquishment of property requires official confirmation. To do this, a document is submitted to a specialist who conducts the inheritance case. To avoid any misunderstandings, you should contact the notary in person. Although the application is not difficult to complete, it is still recommended to write it under the guidance of a specialist. After all, an incorrectly composed text may not be accepted for consideration.

After the “header” they state the essence of the application, personal information - passport details, place of residence, full name, identification number. It is also necessary to write down the line of inheritance, family ties with the testator.

If we are talking about accepting an inheritance by law, then it is necessary to indicate the corresponding legislative act.

If there is a will, indicate the number under which it is registered, the date of its execution, and the number of the notary company where the will was written. The refusal application will also require information about the testator - address of last residence, passport details, full name. Refusal in favor of a specific heir requires indication of his identity.

The document must necessarily contain confirmation that the successor is familiar with the legal consequences of refusal of inheritance. The application is considered invalid if it is not certified by a notary.

The successor does not have the right to refuse the escheat. Property implies a material benefit that cannot be given up.

This concept is introduced into inheritance cases when there are no applicants:

• established by a testamentary document or by law;
• having the right to receive an inheritance;
• deprived of inheritance by the testator.

Also, escheated property appears in the case when all the heirs renounced the proposed estate and did not indicate the name of the legatee.

It is impossible not to accept an inheritance:

• if there is a mandatory part;
• after the death of the successor who was indicated in the testamentary document;
• in favor of a citizen who was deprived of such a right by the testator himself, or did not have family ties with him.

The law gives the recipient the opportunity to accept the inheritance or refuse it. He has 6 months to do this. The refusal must be certified by a notary.

Thus, you should write a waiver application and submit it to the lawyer handling the inheritance case. The paper can be submitted personally to the notary or through a representative.

The document is sent by mail, or entrusted to a trusted person.

The latter, by proxy, even has the right to draw up the text of the refusal without the presence of the successor. This paper must also be certified by a lawyer. Refusal of the proposed estate is permitted if the recipient has already entered into the right of inheritance.

There are also cases where the successor did not take any action. However, passivity does not mean that the refusal occurred by itself. Inaction also often leads to unpleasant consequences. After refusal, it is impossible to accept the inheritance again.

It is not easy for minors or incompetent persons to give up property, even if they have parents or guardians. To do this, you will need the consent of the guardianship and trusteeship service.

Thus, only the relevant body can allow a young child to refuse an inheritance.

What happens when the successor gives up his part?

If the applicant wishes to renounce his part of the fortune, he needs to write the appropriate refusal statement in the form. It is filled out in almost the same way as the documents described above. A notarized declaration is required.

The paper is submitted to the appropriate notary company that is handling the case. If the successor wishes to transfer the property to one of the relatives of the deceased, then a specific name must be indicated. Before renouncing your part, you should make sure that the procedure is legal. Those. the heir must find out whether it has the right to refuse.

Consequences of refusing an inheritance

The first thing you should pay attention to is that after refusing, it will be impossible to change your decision. No conditions on the part of the applicant are allowed. For example, you cannot accept part of an inheritance and refuse a share, or receive property but not pay debts.

The choice is made by a person independently. The successor cannot help but accept the escheat. Only in certain cases does the recipient have the right to refuse one part and accept another. We are talking about different grounds for entering into inheritance rights.

Documents for renouncing inheritance

To officially certify your decision regarding refusal of inheritance, you must submit a refusal application to the notary service. In addition to the main document, you need to provide an identification document - a passport, papers that would confirm the presence of family ties with the testator and their duplicates.

If registration takes place in an office that is not related to the inheritance matter, then you will also have to add a document indicating the death of the testator. If documents are sent via mail, they must be certified by a lawyer.

The successor's representative must have all the necessary documents. First of all, this concerns a power of attorney for a third party. To correctly draft the latter, you should seek the help of a lawyer. Only he will clarify the responsibilities assigned to the heir’s representative - what he has the right to do and what he does not.

The successor is given a whole six months to think about it. During this time, you can consult with a competent specialist. The refusal must be properly formalized. Therefore, it is best to carry out all procedures under the guidance of a lawyer. After all, if the text is drawn up incorrectly, the application will not be considered. Mistakes not only waste time, but also require significant financial expenses.

Ways to refuse inheritance

Each successor has the right to accept or refuse the inheritance. The Civil Code provides for a period of six months for persons who lay claim to the property of the deceased (by will or by law) to determine for themselves whether they want to receive the inheritance.

The established six-month period provides the opportunity to contact a notary and write an application to renounce the property. However, federal law does not exclude the situation when the heir does not submit such a document on his own initiative.

In this case, the property of the deceased citizen will be distributed among the remaining heirs , who are included in one of the following queues.

The reasons for refusal in this way can be different.

For example, a citizen did not know about the death of the testator, or he knew, but he did not have the opportunity to contact the notary’s office within the prescribed period.

In this case, if there are good reasons , the deadline for accepting the inheritance can be restored in court.

It can be said that in order to actually renounce the property of the deceased, it will be enough simply not to declare one’s rights to the inheritance.

If a citizen, within the time allotted by law for accepting an inheritance (six months), does not take any actions, both legal and physical, that will indicate his intention to realize his inheritance rights, such inaction is considered a failure to accept the inherited property .

Some people believe that if they do not go to a notary and write a statement renouncing the inheritance, they are automatically considered to have renounced it. It should be noted that this is incorrect.

To do this, it will be enough for him to take an extract from the house register or a certificate of actual residence of persons with the deceased.

Such certificates indicate all citizens registered at the place of residence together with the testator.

Such certificates are necessary for a notary to open an inheritance case. In this case, the share that is due to the successor who abandoned the property in a similar way, i.e. inaction, “hangs in the air” until he formalizes his rights to the property.

Refusal of inheritance through a notary

The method of renouncing property through a notary is similar to the method of accepting it. It occurs by submitting an application to the notary’s office at the place where the inheritance was opened.

A person claiming the property of a deceased person must submit a written claim form . The refusal can also be conveyed through his representative, if the power of attorney provides for the appropriate authority to do so.

also possible to submit an application not in person , but in one of the following ways:

• through another person;
• send by mail.

In this case, the heir’s signature on this document must be certified in the manner prescribed by law (clause 2 of Article 1159 of the Civil Code of the Russian Federation).

However, this opportunity is not provided for all heirs. If such persons are minors, incapacitated or partially capable citizens, renunciation of the property of the deceased is permitted only with the consent of the guardianship and trusteeship authority .

If we consider escheatable property (i.e. after which there are no heirs), then the state, which will be the final successor, does not have the right to refuse it (clause 1 of Article 1157 of the Civil Code of the Russian Federation).

It is possible to refuse only the entire inheritance share that is due to a specific person. Partial waivers, as well as waivers with reservations or conditions are not permitted. If a citizen decides to refuse an inheritance, then the first thing he should remember is the time frame (six months).

The legislation of the Russian Federation states that during this period it is possible to refuse an inheritance in favor of other persons or without indicating such persons (when part of the property of the renounced person passes to the successors who accepted it, in equal shares to each). The circle of persons in whose favor it is possible to make a refusal is limited to those heirs who are such heirs by will or by law.

Ivanov’s refusal of property in favor of Petrov’s neighbor will be accepted by the notary, provided that the latter is an heir by law or by will.

Any application that is received within the framework of an inheritance case is registered by the notary in the register of inheritance cases . Therefore, every action aimed at obtaining or abandoning the property of the deceased will be recorded.

It should be remembered that if you refuse part of the inheritance due, there is an automatic refusal of all such property . Including from the one about whom the inheritance was not known on the day of opening. The notary, before accepting the refusal, always explains this point.

to recognize a refusal of inheritance as invalid only in court and on the general grounds that are provided for recognizing transactions as invalid. The courts consider such refusals as a unilateral transaction that can be canceled on certain grounds.

For example, during the registration of a refusal of inheritance, a person was in a state in which he could not realize the meaning of his actions or control them. Also, the heir could do this in relation to the property bequeathed to him because he was misled .

It will not be possible to cancel the renunciation of the property of the deceased due to the successor's misconception about the value of the property.

The heir could also be forced to give up his share under the influence of violence or intimidation.

It is possible to cancel the abandonment of property if the person can prove in court the presence of one of the above grounds.

This can be confirmed by witnesses and documents (for example, a medical certificate about his state of health at that time). In this case, inheritance rights will be restored.

Refusal of inheritance through court

The law allows even an heir who has already accepted the property to renounce property within a specified period. It is worth noting that this action is permitted even after the expiration of six months . But in this case, this can only be done in court.

If the successor actually accepted the inheritance, then, upon his statement of claim, the court may recognize him as having renounced the property of the deceased even after missing the established deadline, if it considers such an omission to be valid (Clause 2 of Article 1157 of the Civil Code of the Russian Federation).

Consequences of refusing an inheritance

Failure is an irreversible procedure . It means loss of inheritance rights in full. This procedure occurs only once . Then it is impossible to return your share of the inheritance in the future.

It should be understood that such a refusal will be considered complete, that is, of all property due, regardless of what actual expenses the failed successor incurred in connection with it.

If the heir filed an application to renounce the property after the expiration of the period for its acceptance, then the burden of maintaining the inherited property does not apply . He will not have to take the necessary measures to protect it, make the necessary payments, make repairs and maintain the property.