Methods, terms, procedure for accepting an inheritance

The period for accepting an inheritance is regulated by Article 1154 of the Civil Code of the Russian Federation. According to this normative legal act, the heir must assume his rights within 6 months from the day following the day of death of the testator. The length of the period is not affected by the method of acquiring the hereditary mass, but there are nuances.

If the court has decided to provide the opportunity to enter into the right of inheritance over the property of a citizen who is declared missing, the moment of calculating the period of time for accepting the inheritance will be calculated by the judicial authority.

If a person does not accept the inheritance for good reasons, sometimes he has the opportunity to extend the time period.

If there is an unborn child among the claimants to the property of the deceased, the period will begin to be calculated only after his birth within the meaning of Art. 1166 of the Civil Code of the Russian Federation.

If no one accepts the inheritance within the period of time allotted by law, then the property will be alienated in favor of the state under Art. 1151 of the Civil Code of the Russian Federation.

Procedure for accepting an inheritance

To accept property through the inheritance procedure, you must contact a notary with a corresponding application. The filing is carried out at the place of opening of the inheritance in accordance with clause 1 of Art. 1153 Civil Code of Russia. If the interested person is currently unable to appear at the specified place, the application can be sent by mail, having previously notarized the sample signature.

You can enter into the right of inheritance ahead of schedule, provided that the applicant proves that he is the only one and there are no other applicants for the inheritance.
The process includes a sequence of steps that includes:

1. Submitting an application to a notary. A sample or form of such an application is received directly from the notary’s office at the time of application.
2. Collection and preparation of documents confirming the grounds for filing an application.
3. Waiting for the period to expire after which a certificate of inheritance is issued.

Each stage requires a responsible approach on the part of the interested party. If one document is missing, it should be restored, and then proceed with registration. All submitted papers must meet the following requirements:

• reality. If the paper is expired, you should get a new one or renew the validity of the existing one;
• authenticity. If during the registration process it turns out that at least one document is not genuine, the applicant will be held liable and the registration procedure will be suspended.

If the testator left a closed will, then it must be opened within 15 days from the date of death of the testator under Art. 1126 of the Civil Code of the Russian Federation.

In this case, there are two witnesses who can confirm the correctness of the procedure, as well as all persons claiming the inheritance.

At the end of the procedure, all heirs will receive a protocol on the opening of the will. The document itself remains in the custody of the notary.

Peculiarities

In the event of a refusal to accept inherited property or the exclusion of one of the applicants from receiving it, the right of inheritance arises for other persons. Article 1157 of the Civil Code of the Russian Federation allows refusal in favor of a certain person or without his indication.

If the heir did not know about the death of the testator and missed the deadline, he has the right to go to court for restoration, provided that the filing of the application occurred within 6 months from the moment when the reasons for the omission no longer exist under Art. 1155 of the Civil Code of the Russian Federation.

Entry into the right of inheritance after a specified period is possible out of court, provided that the remaining participants in the process have given written consent to this, certified by a notary.

If the registration of rights was carried out under a document declared invalid, then upon receipt of a new one, it is necessary to make changes to the Unified State Register.

How to restore a missed deadline

If a citizen did not have time to enter into an inheritance, it is necessary to follow the rules of Article 1155 of the Civil Code of the Russian Federation. This article regulates issues of missing the period of time allotted by the state.

You can accept an inheritance after the established period of time in the following ways:

The first method involves obtaining consent from all other heirs to include the newly announced heir among them. If the heir is the only one and missed the deadline, then restoration is possible in the second way - judicial.

Having received the consent of all other participants in the process, you need to send a request to the notary to include a new person among them. The size of the inheritance will be recalculated for each participant. Only after this will certificates of inheritance be issued.

As for the judicial procedure for restoring a period of time, it is applicable in cases where it is necessary to defend one’s legal rights in court through a lawsuit.

The defendants are the heirs who have already accepted the due property.

It is possible to restore the missed deadline in court in the following cases:

• the plaintiff had no idea about the rights that arose in relation to the opening of the inheritance;
• the presence of valid reasons that are documented;
• going to court within 6 months after the reasons that prevented you from doing this earlier have disappeared.

The judicial procedure for reinstating deadlines is as follows:

1. Filing a claim to restore the time allotted for accepting the inheritance. The claim is drawn up according to the provisions of Art. 131 Code of Civil Procedure of the Russian Federation.
2. Preparation of a package of documents in accordance with Art. 132 Code of Civil Procedure of the Russian Federation.
3. Filing a statement of claim to the court in accordance with Articles 24 and 28 of the Code of Civil Procedure of the Russian Federation. If the defendants’ residential address is unknown, then a claim can be filed at the actual location of the property. In the latter case, the rule is considered mandatory if the subject of the claim is real estate.
4. The court may decide to restore the time period or refuse it.

The list of documents attached to the claim will include:

• receipt of payment of state duty;
• reason for missing a deadline;
• grounds for filing a claim in court (death certificate, documents confirming that the applicant belongs to the circle of heirs);
• copies of documents confirming the status of the plaintiff and defendants in relation to the inheritance case, etc.

Deadlines for obtaining a certificate

Confirmation of the fact of acceptance of the property is a special certificate. The document is issued after the period of time allotted for inheritance has expired.

The powers of the notary include the ability to postpone the period of entry into inheritance for 1 month if:

• a legal entity or individual must receive additional documents indicating that they have the right to inherit;
• it is necessary to conduct an examination of the documents provided by the heir;
• third parties challenge the right of inheritance in court;
• it is necessary to obtain a waiver from all potential heirs who have not notified themselves within the period established by law.

In addition, there are a number of cases when the issuance of a certificate may be suspended:

• an application has been received from an interested party to challenge the order of inheritance;
• the testator has an unborn child;
• there is a court decision.

As practice shows, citizens do not always adhere to the deadlines established in the legislation. However, in order to confirm that an individual or legal entity has such a right, it will be necessary to collect a package of documents, prove the facts of kinship or inclusion in a will, etc.

What are the procedures and deadlines for accepting an inheritance?

Acceptance of inheritance is a procedure provided for heirs by law or will in order to receive property. Regardless of the basis of inheritance, a citizen has the right to choose a formal or actual method of acquiring property. We will tell you about the procedure and timing of this procedure in our article.  

• Acceptance of inheritance under the Civil Code of the Russian Federation
• Methods and timing of accepting an inheritance
• Acceptance of inheritance through a notary
• Actual acceptance of inheritance after the established period
• What else is worth knowing about accepting inheritance by law and by will

Acceptance of inheritance under the Civil Code of the Russian Federation 

After the death of a citizen, property remains, which is transferred to his successors. Acceptance of an inheritance is possible due to family ties (by law) or on the basis of a specially drawn up document - a will. There are no other grounds for inheritance in Russian legislation.

Acceptance of an inheritance is a clearly regulated procedure, which consists of transferring property belonging to the deceased to his descendants.

If the heir does not want to renounce the property of the deceased, he has another option: to prove that he does not want to accept the inheritance. In this case, the citizen himself may not perform any actions.

For example, six months after the death of the testator, his son, knowing about the inheritance, simply does not come to the notary. The notary is not required to notify the son.

Accordingly, it is considered that the descendant did not accept the property, and the right to it is transferred to other heirs.

Acceptance of the inheritance must be absolute and unquestioning. It is prohibited to purchase property with conditions. The heir either takes everything or nothing.

Methods and timing of accepting an inheritance 

In order to obtain the right to own the property of the deceased, his descendants must take the necessary actions within the framework of the law.

First you need to decide how the inheritance will be accepted. This is possible either with the help of a notary, or by performing actions that will indicate the actual acceptance of the inheritance. At the same time, the legislator does not limit the heirs who acquire property. They have the right to choose any option.

Important! The legislator established the general period for accepting an inheritance - 6 months from the date of death of the testator.

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In this case, two features should be taken into account:

1. If the death is established by a judicial act, then the period for accepting the inheritance begins to flow from the moment the act enters into legal force.
2. If a person was declared dead due to a catastrophe or accident, then the period of time for accepting the inheritance is counted from the day on which this event took place. In this case, it is necessary to rely on the date that was officially established (you can find out about it from the media or various kinds of documents).  

In practice, a situation may arise when the heir missed the deadline for accepting the inheritance. What should I do?

Of course, you can file a claim in court at the plaintiff’s place of residence, indicating in the application the reasons for missing the period for accepting the inheritance and attaching the necessary papers.

Considering that the legislator is very loyal to the circumstances of the omission, that is, does not indicate them at all, the importance of the reasons is determined by the judge.

However, there is another way - contractual. Nothing prevents the heir from turning to other successors with a request to restore the deadline for accepting the inheritance. If they do not mind, the notary will take all necessary actions.

Acceptance of inheritance through a notary 

To accept an inheritance, we recommend following the following procedure:

1. Contact a notary.
   

   Download the application form

   In the application for acceptance of inheritance or separately ask for a certificate. The paper performs 2 functions: the heir thereby expresses his desire to receive the property, and at the same time, the application is the basis for issuing a certificate.

2. Attach the necessary documents to the application for acceptance of inheritance.

   If the interests of the heir are represented by another citizen instead of him by proxy, then the papers confirming his powers must also be shown to the notary.

Important! These documents can be transferred to the notary no later than 6 months from the date of death of the testator.  

1. Provide, upon request of the notary, additional information and documents to formalize the acceptance of the inheritance.
2. Pay the state fee and receive a certificate of inheritance.
3. If necessary, carry out state registration of property received by inheritance.

Actual acceptance of inheritance after the established period 

If the period for receiving the property of the deceased is missed, the citizen may take actions that will indicate the actual acceptance of the inheritance.

In practice, there are 2 scenarios:

1. The citizen performs the necessary actions, collects documents, comes to the notary and receives a certificate. After this he becomes the owner of the property.
2. The citizen takes appropriate actions, but cannot prove his involvement in the actual acceptance of the property due to the lack of necessary papers. In this case, he needs to file a lawsuit to establish the legal fact of accepting the inheritance.

Acceptance of an inheritance after the expiration of the established period in the presence of proof documents is possible if you adhere to the following procedure:

1. No later than 6 months after the death of the testator, take actions that indicate a desire to accept the inheritance. These may include, for example, moving into the apartment of the deceased, returning the loan he received, installing a security alarm in the garage, etc. In this case, the heir does not have to participate in this at all - third parties have the right to do this.
2. Save all documents related to the actual acceptance of the inheritance. For example, payment receipts, contracts, certificates.
3. Submit an application to the notary for a certificate of inheritance and submit documents.
4. Pay the state fee and receive a certificate of inheritance. 

Actions of a citizen that may indicate his desire to accept an inheritance may also include filing an application with the court to declare the will invalid.

What else is worth knowing about accepting inheritance by law and by will 

If the previous heir does not receive the property of the deceased, then the next in line is called upon to inherit. Acceptance of an inheritance can be carried out no later than 3 months, when the general period for receiving property has expired. That is, another 3 months are added to 6 months from the date of death of the testator, and the last day of this period will be the last day for accepting the inheritance.

We recommend that you find out the motives of the previous heir, since after you receive the property, he can sue and prove that he did not do it of his own free will. After examining all the circumstances of the case, the court may return the property to him.

If the heir abandoned the property or was removed from it by law, then other successors receive the right to accept the inheritance.

However, the refusal must be official - signed by the citizen, and not just in words.

Acceptance of the inheritance must be carried out no later than 6 months from the moment the right to receive the property arises. This period begins to run from the day the refusal occurred.

After accepting the inheritance, the citizen is liable for all debts of the deceased. You cannot receive property and refuse creditors' claims. If there are several heirs, then the debts are divided in proportion to the shares received.

Methods, terms, procedure for accepting an inheritance - law-divorce.ru

Home / Inheritance / Methods, terms, procedure for accepting an inheritance

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Those who are faced with the death of a relative and the upcoming inheritance procedure for the first time have many questions. Where to start? What is the procedure for the heir? How long does the procedure take? What is the deadline to comply with the law?

The answers to these questions are of great practical importance - they will help potential heirs enter into legal rights and fulfill responsibilities, avoid wasting time, and prevent disputes and litigation.

C methods of accepting an inheritance

Acceptance of inheritance is a procedure for transferring ownership of property from one person (testator) to another (heir) by fulfilling the requirements of the law on inheritance.

Moreover, if there are several heirs, each of them acts on his own behalf independently - he has the right to accept the inheritance or refuse it. Only full and unconditional acceptance of the inheritance is allowed - the inheritance mass can consist not only of property, but also of the debt obligations of the testator.

The law provides for two main ways to accept an inheritance:

Inheritance by will

This method of accepting an inheritance is possible if, before his death, the owner left an order about to whom, what property, in what proportions, and under what conditions will become the property of the heirs.

The testator has the right to appoint any persons as heirs, regardless of the degree of relationship, age, gender, or citizenship. Thus, complete strangers can be appointed heirs, and close relatives can be deprived of inheritance at the will of the testator.

An exception to this rule is the right to an obligatory part of the inheritance (at least half of the legal share), guaranteed by law for financially vulnerable categories of citizens - minors or disabled close relatives of the testator (children, parents, spouse).

You can read about how inheritance under a will occurs in the article “Procedure for receiving inheritance under a will.”

Inheritance by law

If there is no will, inheritance occurs in the manner prescribed by law.

In this case, only relatives of the testator can be heirs. The legal order involves the distribution of relatives in 7-step order. The primary heirs are the closest relatives - mom and dad, children, wife or husband. Representatives of each subsequent line have the opportunity to accept the inheritance only if the heirs of the previous line...

• absent;
• refused inheritance;
• excluded from inheritance by court order.

More useful practical information about inheritance by law can be read in the article “How to enter into inheritance by law (without a will).”

The procedure for accepting an inheritance

The procedure for accepting an inheritance by law and by will is practically the same (only the package of documentation differs: heirs under the will must present a will, heirs under the will must present documents that confirm the family relationship with the testator).

Heirs, both by law and by will, can follow one of the algorithms for accepting an inheritance provided by law, depending on the circumstances:

• Legal;
• Actual.

The legal procedure involves contacting a notary office, the actual procedure involves performing actions that confirm the acceptance of the inheritance in fact.

Submitting an application to a notary office

An heir who intends to accept an inheritance must contact the notary's office at the place where the inheritance was opened, which may be the last place of residence of the testator or the location of the inherited property.

The notary accepts an application from the heir, drawn up in simple written form, indicating the following information:

• Name of the notary office;
• Full name, residential address of the heir,
• Full name, address of last residence, date of birth and death of the testator;
• Date, place of opening of the inheritance;
• Composition of the inheritance (description, characteristics, assessment of the value of the property, if this information is known to the heir);
• Intention to accept the inheritance and obtain a Certificate;
• Method of inheritance (by law, by will);
• Date and time of application;
• Applicant's signature.

The application can be submitted:

• Personally during a visit to a notary office;
• The heir's representative, by virtue of a power of attorney, duly executed indicating the special authority - acceptance of the inheritance (the heir's signature must be certified by a notary or other official);
• By registered mail (the heir's signature on the application must also be certified by a notary or other official).

In the article “Application for acceptance of inheritance by law and will” you can download a sample application and learn more about the rules for its execution and submission.

Actual acceptance of inheritance

Instead of contacting a notary's office with an application, the law allows the heir to perform actions that in themselves indicate acceptance of the inheritance - possession, use, disposal of inherited property, protection, maintenance of order, etc. However, even if the inheritance is actually accepted, the heir is not deprived of the right to submit a written application to the notary's office.

The list of such actions is presented in paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation. This could be...

• residence of the heir in residential premises that belonged to the testator during his lifetime;
• protection of inherited property;
• protection of inherited property from claims of third parties;
• incurring expenses for maintaining the inherited property;
• return of the testator's debts, receipt of funds due to the testator;
• other actions.

Completing these or other actions is sufficient to obtain a Certificate of Inheritance.

With documentary evidence (agreements, checks, receipts, certificates, extracts, letters, etc.), the heir can contact a notary. If the evidence is insufficient, the actual acceptance of the inheritance can be established in court (as a legally significant fact - in accordance with special proceedings in accordance with Article 247 of the Code of Civil Procedure of the Russian Federation).

Procedure for accepting an inheritance

Submitting an application to a notary's office or performing actions confirming the acceptance of an inheritance is not all. The inheritance procedure also involves...

1. Preparation and submission of a package of documents to the notary office:

• passport;
• death certificate, certificate of last place of residence and deregistration of the testator;
• a will or documents confirming family ties and the right of legal inheritance;
• documents for all inherited property (title, technical, cadastral, registration, appraisal);

You can find a complete package of documentation for inheritance in the article “What documents are needed to enter into an inheritance.”

1. Conducting an assessment of the value of inherited property;
2. Payment of state duty;

The amount of state duty is calculated based on the estimated value - for close relatives it is 0.3%, for distant relatives and strangers - 0.6%. Some heirs are exempt from paying state fees, for example, heirs who lived with the testator in the inherited house or apartment before and after his death.

You can read more about the rules for calculating and paying the state duty for an inheritance in the article “State duty when registering an inheritance.” Is inheritance subject to taxation? The answer to this question is contained in the article “What taxes are paid when entering into an inheritance by law and will.”

Details of the procedure for obtaining a Certificate are in the article “How to obtain a certificate of the right to inheritance.”

1. Registration of property rights with the registering state body (Rosreestr) and receipt of an Extract from the Unified State Register of Real Estate.

According to the law, the heir is the full owner of the inherited property from the date of opening of the inheritance.

But the implementation of all the above actions, in particular, state registration (if it is provided for by law) allows him to properly formalize ownership and be able to dispose of the property at his own discretion without restrictions.

Deadline for accepting inheritance

The inheritance must be accepted within 6 months from the date of opening, that is...

• from the date of death of the citizen indicated on the death certificate;
• from the date of entry into force of a court decision by which a citizen is declared dead or which determines the date of death of a missing citizen.

For heirs who are called to inherit in the event of refusal or judicial removal of other heirs, the start of the countdown will not be the date of death (the date the court decision enters into legal force), but the relevant circumstances:

• from the day when the heir filed an application to renounce the inheritance;
• from the day when the court decision declaring the heir unworthy came into force (according to paragraph 1 of Article 1117 of the Civil Code of the Russian Federation);
• from the day when the court decision to remove the heir from inheritance came into force (according to paragraph 2 of Article 1117 of the Civil Code of the Russian Federation).

The period for accepting inheritance in these cases is also 6 months.

• from the day when the 6-month period ended during which the inheritance was not accepted by the heirs by will or by the heirs of the previous order by law.

In this case, the law provides only 3 months for accepting the inheritance.

Even if the deadline is missed, the law provides for ways to extend it:

• Judicial - in the presence of documented valid reasons for missing the deadline;
• Extrajudicial - if there is consent of other heirs to the redistribution of inherited property with the new “late” heir.

Acceptance of inheritance

This article will be relevant for those who are faced with the question of what acceptance of inheritance is. How does this procedure take place, what is the procedure and what are the methods for accepting an inheritance? When should appropriate action be taken? All these questions are of practical importance. After all, it is not enough to actually own inherited property. This must be done according to certain rules so as not to violate the rights and interests of other persons, and also to prevent the possibility of litigation with close relatives of the deceased or other interested parties.

What is acceptance of inheritance from the point of view of law?

Acceptance of the inheritance occurs after the opening of the inheritance. It is important to understand what the place of opening of inheritance is, because the heir will need to contact a notary of a certain notarial district.

After this, the heirs, both by law (presence of family ties) and by will (in accordance with a document specially drawn up and certified by a notary), accept the inheritance, i.e. its acquisition. Or the transfer of inherited property and obligations from the testator to the heir.

In this case, the property due to the heir is accepted in full, without conditions or reservations. This means that if the heir accepts an apartment as an inheritance, then together with all debts and other property and obligations included in the inheritance mass. You cannot accept only an apartment and, for example, refuse a garage.

Each heir acts on his own behalf independently. That is, the acceptance of an inheritance by one person does not mean its acceptance by other heirs by law or by will. Other heirs retain the right to refuse such property.

The procedure for accepting an inheritance 

There are 2 ways to accept an inheritance. The chosen method determines the order of actions. Either contacting a notary, or taking actions indicating the actual acceptance of the inheritance.

1. Applying to a notary with an application for acceptance of an inheritance or an application for issuing a certificate of inheritance. If the heir does not live at the place of establishment of the inheritance case, he has the right to send one of such applications by mail. However, his signature must be certified by a notary. You can use a power of attorney to receive documents for a third party to represent the interests of the heir. But such a power of attorney must necessarily include a special power to accept an inheritance. Remember that the application cannot contain any reservations about accepting the inheritance, otherwise it is invalid.
2. Carrying out actions to actually accept the inheritance. To do this, it is necessary to carry out the following actions: own property (for example, move into an apartment), incl. open to third parties, manage such property, protect from attacks and claims of third parties, take measures to preserve such property, bear the costs of its maintenance, incl. pay existing debts or collect money owed (for example, rent when the property has been rented to others).

In the second case, it is important to preserve the existing written evidence of acceptance of the inheritance (checks, receipts, contracts, etc.). With them you need to contact a notary to obtain a certificate of inheritance.

Deadlines for accepting an inheritance

The inheritance must be accepted within a certain time. This is 6 months:

• from the date of death of the citizen
• from the date of entry into legal force of the court decision to declare him dead, including when the decision indicates the expected date of death of the citizen (due to an accident or life-threatening circumstances).

Missing such a deadline will lead to the need to apply to the court to establish the fact of acceptance of the inheritance or to file a statement of claim to restore the deadline for accepting the inheritance and recognizing the heir as having accepted the inheritance.

In the latter case, the defendants will be the heirs who have entered into the right of inheritance, and the plaintiff must prove the valid reasons for missing the deadline (illness, helpless state, and for the entire 6-month period) or the impossibility for objective reasons to find out about the opening of the inheritance.

At the same time, you can file a lawsuit only within 6 months after the valid reasons “no longer exist.” The deadline is not restored, and the plaintiff is deprived of the right to restore the deadline for accepting the inheritance.

If the remaining heirs do not object to the acceptance of the inheritance by the new heir, and therefore the redistribution of the inheritance, you can obtain their written consent (certified) and contact a notary to cancel the previous one and issue a new certificate of right to inheritance. If the only heir did not accept the inheritance on time, then the term is restored only by a court decision.

6.3 Methods of accepting inheritance

The actions of the heir aimed at accepting the inheritance may be legal or factual.

In the first case, acceptance of the inheritance is carried out by submitting an appropriate application to a notary, in the second - by actually accepting the inheritance (Article 1153 of the Civil Code of the Russian Federation).

If desired, the heir can submit an application to the notary to accept the inheritance, even if he has already actually accepted the inheritance.

An application for acceptance by an heir of an inheritance or an application from an heir for the issuance of a certificate of the right to inheritance is submitted to a notary at the place where the inheritance was opened or to an official authorized in accordance with the law to issue certificates of the right to inheritance to an official (clause 1 of Article 1153 of the Civil Code of the Russian Federation).

The application for acceptance of inheritance shall indicate the last name, first name, patronymic (if any) of the heir and testator; date of death of the testator and last place of residence of the testator; the will of the heir to accept the inheritance; basis(s) of inheritance (will, family and other relationships); date of application. The application also indicates other information depending on the information known to the heir (about other heirs, about the composition and location of the inherited property, etc.).

If the heir's application is transferred to the notary by another person or sent by mail, the heir's signature on the application must be certified by a notary, an official authorized to perform notarial acts (clause 7 of Article 1125 of the Civil Code of the Russian Federation), or a person authorized to certify powers of attorney in accordance with clause. 3 tbsp. 185.1 of the Civil Code of the Russian Federation.

When sending an application by mail, it is considered submitted within the period established for acceptance of the inheritance if it is submitted to the postal operator before the expiration of the established period, that is, dated before the last day of the period, inclusive.

The law allows the transfer of an application for acceptance of an inheritance to a notary at the place where the inheritance was opened by another person or by mail , in this case the authenticity of the heir’s signature must also be certified by any notary or an authorized person (clause 1 of Article 1153 of the Civil Code of the Russian Federation).

Acceptance of an inheritance through a representative is possible if the power of attorney specifically provides for the authority to accept the inheritance. To accept an inheritance by a legal representative, a power of attorney is not required (clause 1 of Article 1153 of the Civil Code of the Russian Federation).

Actual acceptance of the inheritance means that, until otherwise proven, the heir is considered to have accepted the inheritance if he has performed actions indicating the actual acceptance of the inheritance.

In particular, the actual acceptance of the inheritance is evidenced by such actions of the heir as taking possession or managing the inherited property; taking measures to preserve inherited property, protecting it from encroachments or claims of third parties; payment at one’s own expense for the costs of maintaining the inherited property, as well as the debts of the testator; receipt from third parties of funds due to the testator (clause 2 of Article 1153 of the Civil Code of the Russian Federation). The performance by the heir of actions indicating the actual acceptance of the inheritance should also be understood as the performance of other actions to manage, dispose of and use the inherited property, maintaining it in proper condition, in which the heir’s attitude towards the inheritance as his own property is manifested. Such actions may include the heir moving into residential premises belonging to the testator or living in it on the day of opening of the inheritance (including without registering the heir at the place of residence or place of stay); processing of the land plot by the heir; filing an application to court to protect your inheritance rights; requesting an inventory of the testator's property; making payments for utilities and insurance payments; reimbursement from the estate of expenses provided for in Art. 1174 Civil Code of the Russian Federation; other actions related to the ownership, use and disposal of inherited property. Moreover, such actions can be performed both by the heir himself and by other persons on his behalf. These actions must be completed within the period for accepting the inheritance established in Art. 1154 of the Civil Code of the Russian Federation.

The presence of a joint right of common ownership with the testator of property, a share in the right to which is included in the inheritance, does not in itself indicate the actual acceptance of the inheritance.

In order to confirm the actual acceptance of the inheritance, the heir may submit a certificate of residence together with the testator, a receipt for payment of tax, payment for living quarters and utilities, a savings book in the name of the testator, a passport of a vehicle that belonged to the testator, a contract agreement for repairs. works and other documents. If the heir does not have the opportunity to submit documents containing information about the circumstances to which he refers as substantiation of his claims, the court may establish the fact of acceptance of the inheritance, and if there is a dispute, the relevant claims are considered in the manner of litigation.

If the heir has committed actions indicating the actual acceptance of the inheritance, then in this case the law does not require the heir to submit an application for acceptance of the inheritance. The time limit for applying for a certificate of right to inheritance by the heir who actually accepted the inheritance, as well as by the heir who accepted the inheritance upon application, is not limited by law.

If the heir does not apply to the notary for the issuance of a certificate of the right to inheritance , and the notary has reliable evidence of his actual acceptance of the inheritance (as a rule, such circumstances occur when the heir and the testator live together), the specified heir is considered to have actually accepted the inheritance if otherwise was not proven in court, since his rights should not be infringed upon when issuing certificates of inheritance to other heirs.

If, after the expiration of the period established for acceptance of the inheritance, the heir, about whom the notary has information about his actual acceptance of the inheritance, denies this fact, then the fact of the heir’s non-acceptance of the inheritance can be decided in court.

a unilateral volitional action of a person called to inherit, aimed at acquiring the inheritance due to him, carried out in the prescribed manner, within the time frame and in the ways determined by law. It is carried out by submitting the appropriate application of the heir at the place of opening of the inheritance to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance. a person who has the right to inherit the property of the deceased by will or by law. An heir is considered to be a person who is alive on the day of opening of the inheritance, as well as children conceived during the life of the testator and born alive after the opening of the inheritance. property owned by the testator on the day of opening of the inheritance, including property rights and obligations. Intangible benefits, non-property rights and obligations, as well as property rights and obligations inextricably linked with the personality of the testator (the right to alimony, the right to compensation for harm caused to the life or health of a citizen, etc.) are not included in the inheritance. This is the place where the citizen permanently or predominantly resides. The place of residence of a citizen can be confirmed by documents certifying his corresponding registration with the registration authorities of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation. If an individual does not have a place of residence on the territory of the Russian Federation, his location may be determined by his place of residence.

We explain the legislation

The inheritance opens with the death of a citizen. The Civil Code of the Russian Federation provides for a six-month period for accepting an inheritance from the date of opening of the inheritance (the day of opening of the inheritance is the day of the citizen’s death).

         Inheritance can be accepted in formal and informal ways.

         Formal methods of accepting an inheritance include: an application by the heir to accept the inheritance or an application by the heir to issue a certificate of the right to inheritance, made to a notary or an authorized official.

An application for acceptance of an inheritance and an application for the issuance of a certificate of the right to inheritance have equal force and indicate the undisputed acceptance of the inheritance.

         Informal methods of accepting an inheritance include the actions of the heir, confirming the actual acceptance of the inheritance.

The actual entry into possession of the inherited property, confirming the acceptance of the inheritance, should be understood as any actions of the heir to manage, dispose and use this property, maintain it in proper condition or pay taxes, insurance premiums, other payments, etc.

         The testator has the right, at his own discretion, to bequeath property to any persons, as well as to determine the circle of heirs called for inheritance, and to distribute the inherited property among them in any shares, regardless of the order of inheritance established by law. In accordance with the Civil Code of the Russian Federation, you can dispose of your property in the event of death only by making a will.

         However, the freedom of testamentary disposition is subject to restrictions in favor of particularly needy heirs. Such heirs are usually called obligatory. By law, they have the right to receive an obligatory share in the inheritance.

Obligatory heirs include: minor and disabled children of the testator, his disabled spouse and parents, as well as disabled dependents.

The obligatory heir, regardless of the contents of the will, inherits at least half of the share that would be due to each of them if inherited by law.

         The right of inheritance includes the power to accept an inheritance and the power to refuse an inheritance. The heir has the right to refuse the inheritance within six months, including in the case when he has already accepted the inheritance.

•           Inheritance by law takes place if it:
•          - not changed by the will (or it was declared invalid in whole or in part);
•          - the heir under the will did not accept the inheritance;
•          - the heirs refused the inheritance;
•          - the testator disinherited all heirs;
•          - the heir under the will died before the opening of the inheritance;
•          - the heir under the will is declared unworthy.
•          Heirs under a will can be both individuals and legal entities and the state.

         An official document confirming a person’s inheritance rights to the property of a deceased citizen is a certificate of inheritance. The law does not provide for the obligation for heirs to obtain a certificate of right to inheritance. However, such evidence is required:

1.          - to receive funds in respect of which a testamentary disposition has been made in the bank;
2.          -for state registration of the transfer to the heir of rights to real estate owned by the testator;
3.          - to confirm the transfer to him of rights to securities previously owned by the testator;
4.           - for re-registration of civilian weapons that belonged to the testator and passed by inheritance to another person;
5.          - to confirm the status of a person as an heir of a deceased participant in a limited liability company.
6.          The basis for issuing a certificate of the right to inheritance is the application of the heir submitted at the place of opening of the inheritance to a notary or an authorized official to perform notarial acts.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
7. Deputy Prosecutor

Konyshevsky district Senchuk I.L.

Deadlines for accepting an inheritance

“Methodological recommendations for registration of inheritance rights” (approved by the Board of the Federal Notary Chamber on February 28, 2006). Table of contents:

Section II. Acceptance of inheritance

Chapter 1. General provisions
Chapter 2. Peculiarities of accepting an inheritance
Chapter 3. Acceptance of an inheritance by the heir simultaneously on several grounds
Chapter 4. Methods of accepting an inheritance
Chapter 5. Deadlines for accepting an inheritance
Chapter 6. Acceptance of an inheritance after the established period
Chapter 7. Peculiarities of accepting an inheritance in order hereditary transmission

Section II. Acceptance of inheritance

Chapter 5. Deadlines for accepting an inheritance

42. Actions for accepting an inheritance are carried out within the time limits established by law; the period for accepting an inheritance begins from the day specified in the law.

The law establishes a general deadline for accepting an inheritance, as well as special extended deadlines for accepting an inheritance (Article 1154 of the Civil Code of the Russian Federation).

General period for accepting an inheritance

As a general rule, an inheritance can be accepted within six months from the date of opening of the inheritance (Part 1 of Article 1154 of the Civil Code of the Russian Federation).

The day of opening of the inheritance is the day of the citizen’s death. When a citizen is declared dead, the day of opening of the inheritance is the day the court decision to declare the citizen dead comes into force.

In the case of the alleged death of a citizen, the day of death is recognized as the day specified in the court decision (Article 1114 of the Civil Code of the Russian Federation), and therefore is the day of opening of the inheritance, however, the calculation of the six-month period in this case begins from the day the court decision enters into force (Clause 1 of Art. 1154 Civil Code of the Russian Federation).

It should be assumed that in this case the law establishes a special approach for calculating the six-month period.

General rules for calculating deadlines are provided in Chapter. 11 of the Civil Code of the Russian Federation.

In Art. 191 of the Civil Code of the Russian Federation provides for the beginning of a period defined by a period of time, which begins the next day after the calendar date or the occurrence of an event that determines its beginning.

after the day from which the heir's right of inheritance arose.

Since the period calculated in months, according to Art. 192 of the Civil Code of the Russian Federation (clause

1 and 3), expires on the corresponding date of the last month of the period, the period for accepting the inheritance, as a general rule, expires on the corresponding date of the sixth month. For example, the testator died on January 18, 2005.

, the period for accepting the inheritance began on January 19, 2005, therefore, the six-month period for accepting the inheritance expires at 24 hours on July 19, 2005.

If the end of the period established for accepting an inheritance falls on a month in which there is no corresponding date, then the period expires on the last day of this month (paragraph 3 of clause 3 of Article 192 of the Civil Code of the Russian Federation).

For example, the death of the testator occurred on March 30, 2005.

, the period for accepting an inheritance begins to run on March 31 of this year, since the six-month period expires on the 31st, and there is no such date in September, which means that the last day of the period for accepting an inheritance is September 30, 2005.

If the last day of the period falls on a non-working day, the end of the period is considered to be the next working day following it (Article 193 of the Civil Code of the Russian Federation). Non-working days are considered to be weekends and non-working holidays (Articles 111 and 112 of the Labor Code of the Russian Federation).

When accepting an inheritance on the last day of the term, the inheritance is recognized as accepted on time:

- if the application for acceptance of the inheritance is submitted personally to the notary before the end of his working day on the last day of the term;

- if a postal item with the heir’s application for acceptance of the inheritance is delivered to the communications organization before twenty-four hours of the last day of the deadline, even if it was received by a notary after the expiration of the period established for acceptance of the inheritance (Article 194 of the Civil Code of the Russian Federation).

• Special deadlines for accepting an inheritance
• Special deadlines for accepting an inheritance are established by law for cases where the right of inheritance does not arise from the moment the inheritance is opened.
• In particular:

a) in cases where, in accordance with paragraph 3 of Art.

45 of the Civil Code of the Russian Federation, in relation to the alleged death of a citizen, the court recognizes the day of the citizen’s death (the day of opening of the inheritance) as the day of his expected death (as indicated in the court decision), the law established that, as in the case of declaring a citizen dead, the six-month period for accepting the inheritance is calculated not from the date of opening of the inheritance - the death of the citizen, but from the date of entry into force of the court decision declaring him dead (clause 1 of Article 1154 of the Civil Code of the Russian Federation);

b) the special period for accepting an inheritance is the period established for persons whose right of inheritance arises as a result of the heir’s refusal of the inheritance (Articles 1157, 1158 of the Civil Code of the Russian Federation), formalized in the manner established by Art.

1159 of the Civil Code of the Russian Federation, or judicial removal of the heir on the grounds established by Art. 1117 of the Civil Code of the Russian Federation (unworthy heirs).

- as a result of the heir’s refusal of the inheritance, the right of inheritance for other heirs arises from the day the notary at the place of opening of the inheritance received the heir’s application for refusal of the inheritance or from the day when other heirs became aware of the refusal of the inheritance earlier, keeping in mind that the heir’s application the renunciation of inheritance may be submitted to a notary or submitted to the postal operator for mailing before the expiration of the six-month period;

- as a result of the removal of an heir from inheritance, the right of inheritance for other heirs arises from the date of entry into force of the corresponding judicial act on the exclusion of heirs from inheritance (Article 1117 of the Civil Code of the Russian Federation);

c) bearing in mind that the right to accept an inheritance due to a person conceived during the life of the testator and born alive after his death arises after the birth of this person alive (Article 1116 and paragraph 2 of Art.

17 of the Civil Code of the Russian Federation), the period for accepting an inheritance in this case, by analogy with the provision of paragraph 2 of Art. 1154 of the Civil Code of the Russian Federation a special one must be applied.

Acceptance of the inheritance in this case can be carried out within six months from the date of birth of the specified person alive;

d) in cases where the right of inheritance arises for persons only as a result of non-acceptance of the inheritance by another heir, they can accept the inheritance within three months from the date of expiration of the period specified in paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation (clause 3 of Article 1154 of the Civil Code of the Russian Federation).

Non-acceptance of an inheritance is a factual situation in which the heir, called to inherit, did not in any way show his attitude towards acquiring the inheritance within the period established for this: did not submit an application for acceptance of the inheritance or an application for the issuance of a certificate of the right to inheritance within the established period; did not perform actions indicating the actual acceptance of the inheritance; did not make a corresponding statement of renunciation of inheritance. Due to the fact that the heir can perform these actions at any time during the six-month period, a statement of non-acceptance of the inheritance is possible only after the expiration of the specified period.

When a notary receives, after the expiration of a six-month period, a postal item made by the heir within the prescribed period, with the heir’s application for acceptance of the inheritance, such heir is recognized as having accepted the inheritance, and the rights of inheritance of other persons arising as a result of non-acceptance of the inheritance by the main heir do not arise in this case;

e) specified in paragraph 3 of Art. 1154 of the Civil Code of the Russian Federation, the period for accepting an inheritance also applies when the right of inheritance arises for sub-designated heirs (Article 1121 of the Civil Code of the Russian Federation), both in cases of non-acceptance of the inheritance by the main heir, and in cases of death of the main heir after the opening of the inheritance, who did not have time to accept the inheritance;

g) a special period is also established for accepting an inheritance in the order of hereditary transmission (Article 1156 of the Civil Code of the Russian Federation).

The right to accept an inheritance that belonged to a deceased heir can be exercised by his heirs within the period established for acceptance of the inheritance by the main deceased heir, if the remaining part of the period established for acceptance of the inheritance after the death of the main heir is less than three months, it is extended to three months ( Clause 2 of Article 1156 of the Civil Code of the Russian Federation).