Documents for applying for inheritance after death

When a person dies, his property must become the property of the new owner. Sooner or later, every person will need information about what documents are needed to apply for an inheritance after death.

In this process, the legislation provides for several nuances, without knowledge of which it is impossible to carry out adoption. The inheritance application is a key component with which it is advisable to begin the process. Let's consider the requirements for documents when entering into an inheritance.

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Concept of inheritance

Additionally, it should be noted that inheritance is special material assets to which a person has rights after the death of a relative or loved one. They are transferred to the legal successor on the basis of current legislation.

You can only receive valuable property if the person has already died. Before this, it is impossible to carry out the transfer, because the inherited mass has not yet been formed.

However, it is also important to find out in time what documents are needed to apply for an inheritance from a notary and what deadlines are defined for this process. Otherwise, there is a risk of being left without property.

Inherited property is the valuable things of a deceased person, which a specific person has the right to claim. Additionally, it should be noted that it can be movable or immovable.

Property changes owner on the basis of a certificate of inheritance. It's not always easy to get. At the first stage, a person will have to submit documents for inheritance. Each specific type has its own list of necessary items.

The documents for filing an inheritance application must be with the notary before the end of the six-month period. Otherwise, the property will be transferred to another owner.

It will be possible to challenge the decision only through a lawsuit in court . That is why it is best to find out in advance when to submit documents for inheritance after death and clearly commit to the deadlines.

Kinds

Today, modern legislation provides for several types of inheritance that can be obtained into property. Depending on whether it is movable or immovable, a package of documents will be determined to consider the feasibility of its transfer to the ownership of a new person.

It is important to submit an application for inheritance on time and correctly . What documents are needed for this we will consider in more detail below.

According to current rules and regulations, property is divided among receivers according to priority. However, the will is considered the priority document in this matter. In it, a person can indicate his loved ones and relatives, as well as distribute shares among them at his own discretion.

The notary will be able to tell you in more detail what documents are needed to apply for an inheritance. It is recommended to contact the office that is closest to the place of residence of the deceased.

Documentation

To enter into an inheritance, you may need to provide papers from the list established by law. A certificate of inheritance is issued only after a fee has been paid to the bank's cash desk. Each specific case has its own characteristics. However, there is a general list of documents that will need to be provided to receive property as an inheritance.

What documents are needed to apply for an inheritance in general:

• statement of claim to material benefits;
• papers that confirm the death of a loved one;
• additional papers will be required to prove the applicant’s family ties;
• civil passport;
• if the remaining heirs renounced their claims, then this statement must also be taken with them;
• testamentary disposition;
• document on marital status and birth of children. The document is used to confirm the fact of a last name change.

If the inheritance involves the transfer of ownership of real estate, then you will additionally need to provide the following documents:

• certificate indicating the owner;
• a page with the necessary information from the house register.

To inherit a land plot, the successor should collect the following package of important papers:

• a document containing information about the owner;
• cadastral number;
• the estimated value of the given real estate.

Motor vehicles can also become the property of inheritance. To obtain it, it is important to provide the following documents in addition to the main documents:

• certificate of registration of movable property;
• A special report on the technical condition and PTS is of no small importance;
• if the inheritance is accumulated in an account at a financial institution, then you will additionally need to bring its details to the notary.

Inheriting a garage will be possible if a person provides the following package of documents to a government agency:

• owner data confirmed by an extract from the Civil Registry;
• cadastral passport;
• extract provided by the Unified State Register;
• property valuation act. The document is also currently issued by the BTI.

In turn, the list of documents can be supplemented depending on the specific situation.

The notary will only accept original documents. However, an exception can only be made for certified copies. This procedure can be performed by another notary.

Payment of state duty is of no small importance. Only after providing a receipt for this manipulation will it be possible to begin the process. That is why it is recommended to deposit funds first. After this, you can begin to figure out where to submit documents for inheritance.

Where and when are documents submitted?

One of the first questions that arises for a person who finds himself in this situation is where to submit an inheritance application and other papers. The notary will additionally be able to find out a list of all the papers that are necessary to carry out the operation of obtaining ownership of the property. take the original documents with you

The will may be in the possession of a district official. The search must be carried out at the place of residence or registration of the deceased. The probability of its presence elsewhere also always remains.

The package of documents should be collected very carefully. The fate of the property directly depends on each paper.

If one of the certificates is missing, then inheritance may not take place at all..

A person who does not know which notary to contact after the death of a close relative is recommended to visit the nearest one, located in the area with the most valuable part of the inheritance.

Even if the corresponding document is not found, then it is more advisable to submit all other papers about the desire to take ownership of the property to him. He will be able to create a more detailed list of everything needed.

Summary

Entering into inheritance is a complex process that requires strict compliance with all the norms and rules of modern legislation. A person will need to independently find the necessary notary office and submit all documents to it. If any paper is missing, then the transfer of property to another owner is called into question.

It is also recommended to additionally provide papers that confirm the right of a particular person to inherit. It is important to find a specialist with extensive experience in this field. Thanks to this, it will be possible to enter into inheritance rights within a short period of time. He will be able to tell you about all the intricacies of the upcoming process.

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How to register an inheritance after death: documents, step-by-step instructions

Last modified: June 2023

The process of acquiring rights to the property of the deceased seems simple at first glance - just contact a notary and declare your rights.

However, there are a number of nuances that significantly complicate the procedure for registering an inheritance after death, since you have to collect a lot of supporting papers, pay the duties and debts of the deceased, and also comply with the deadlines for the declaration of intent to participate in accepting the inheritance.

Before contacting a notary

• If, according to the law, inherited property is distributed depending on the degree of relationship and priority established at the legislative level, then when transferring according to a will, much will depend on the decision of the testator himself, taking into account the interests of minor heirs.
• The procedure for re-registration of property is multi-stage, however, both in the case of a testamentary document and without it, you will need to go through the stage of contacting a notary and collecting certificates.
• First of all, they receive a document confirming the fact of death or receipt of the right to register an inheritance:

The timing of applying for an inheritance is also important. The law defines a 6-month period to find a notary and declare the decision to accept the property of the deceased. However, simply contacting a notary office is not enough; you will need a stack of papers for the heir, testator, and all identified property.

1. Certificate of death of a citizen, court decision, if it is a premature violent death.
2. Certificate of death from the registry office.

The stages of accepting an inheritance are divided into two important periods:

1. Official acceptance of rights.
2. Re-registration of property from the deceased to persons inheriting by law or will.

The registration process is regulated by the provisions of the Civil Code of the Russian Federation and the Law “On State Registration of Real Estate”, adopted on July 13, 2015, if an apartment or other real estate is inherited.

Before determining the procedure, they find out on what grounds the inheritance will be accepted:

1. When a citizen has drawn up a testamentary document during his lifetime, further distribution of property is made between the persons mentioned in the will.
2. If a person has not managed to dispose of the fate of the property, legal successors are determined in accordance with Ch. 63 civil legislation, based on the degree of relationship and assigned priority.

After the death of the testator, his documents are raised and the procedure for accepting the inheritance is established. Usually, when it comes to a will, the heirs are notified of its inclusion in the will, then it will not be difficult to find the location of the document. Since one copy must remain with the testator, it is worth looking for it in the documents left after the death of the owner.

If the document is not found, it is possible to try to determine its location at the address of the notary office to which the testator belonged geographically. Testamentary affairs are conducted at the testator's registered address. Having found out from personal documents the place where the deceased was registered, all that remains is to pay a visit to the notary.

You should rely on information only after presenting a certificate confirming the death of the testator and personal papers, including those that can confirm kinship or family ties with the deceased. If the intended heir is not mentioned in the last will, the notary will refuse to disclose the contents of the papers.

If the testator did not leave a will

If after death there is no testamentary disposition left, or it was drawn up with violations, inheritance occurs according to the order established by the degree of consanguinity. In this case, the property will have to be accepted according to the law, with shares distributed among all legitimate claimants.

Important: having a common-law family does not give the power to inherit property, even if the person lived with the family for a long period of time. Adopted children and their adoptive parents, along with their official status, acquire the right to participate in the distribution of the inheritance according to the law.

Sometimes the property of the deceased is located outside the Russian Federation. Then inheritance cases are initiated at the location of the property. If there are several pieces of property, the place where the inheritance is opened is chosen to be the region where the bulk of the property is concentrated.

When the notary issues a certificate of inheritance, applicants must properly re-register rights to the relying property. For the convenience of Russians, it is possible to submit registration papers through one of the MFCs at the applicant’s location.

A notary is a prerequisite for heirs to take over their rights, since he ensures compliance with the law and the correct execution of documents. If, due to remoteness, there are no notary offices nearby, his actions are performed by an authorized person at the local administration.

Despite the fact that the law requires that a will be executed at the place of residence of the testator, sometimes difficulties arise in determining the exact location of the office in which the testamentary document is located.

The fact is that the document could be drawn up at any period of a person’s life, and with frequent changes of registration it is difficult to identify a specific notary.

If the notary's office is located in another part of Russia, and traveling there in the near future is impossible, they use the right to remotely declare their rights in the following order:

1. Submit an application through a notary at your place of residence, certifying your own signature on the document.
2. Send by post all the documents necessary to participate in the distribution of the inheritance.
3. Pay the receipt with the state fee.
4. Request that the certificate of inheritance be sent to your location.

To avoid misunderstandings, valuable letters are sent to the issuing office.

• civil passport, other equivalent identity document;
• certificate stating the death of the testator;
• certificate of the place of residence where the deceased was registered;
• certificate from the house register;
• if the registration is carried out by a trusted person, a notarized power of attorney is drawn up to represent the interests of the heir;
• if the property is bequeathed to a minor, attach a decision from the guardianship department;
• in case of refusal of inheritance, persons who had priority receive the corresponding paper, or, if they have died, attach a certificate of their death.

1. To avoid problems with submitting documents to open an inheritance case, you need to make sure that all documents are drawn up correctly, their validity period has not expired, and they are signed and stamped.

Additionally, you will need papers for each property (technical passport, land survey plan, title deeds, extracts from Rosreestr). The latter include privatization agreements, purchases, gifts, etc.

Additionally, the notary will need information about the valuation of property (appraisers’ opinions, extracts from cadastral records).

General rules of inheritance from a testator

If you plan to accept property under a will, you must take into account the following nuances of registration:

1. Only a document that is drawn up legally competently, in full compliance with the norms of civil law (Article 1124), will be recognized as valid.
2. The will of the testator is not limited by the degree of relationship, therefore, both outside individuals and organizations can participate in the inheritance.
3. If the entire inheritance consists of a single object, part of it will still be assigned to a minor child (natural or adopted), or a relative who was in the care of the deceased during his lifetime. If property acquired during marriage is bequeathed, part remains in the possession of the spouse.
4. The last will drawn up remains valid, but a person has the right to execute a testamentary act any number of times during his life.
5. By transferring property to the persons mentioned in the will, the testator has the right to oblige the latter not to prevent citizens who previously lived in the inherited apartment from using the property for life. This testamentary refusal does not affect the right of subsequent disposal of property, including sale.
6. Sometimes a will establishes a condition for execution - to impose on the heir the obligation to perform a generally beneficial matter. The heir shall compensate for the expenses of the executor of the testamentary assignment with the property received.

To ensure control over the execution of the last will of the testator, a responsible person is appointed, authorized to transfer the due amount of the inheritance to the persons specified in the will and to comply with all the conditions for accepting the inheritance.

Reasons for extending the registration period

Sometimes the re-registration of property is delayed if difficulties arise in identifying applicants for the inheritance. Despite the limited period of application - six months from the moment of death - if the applicants were unable to declare their rights on time, the period for accepting property is restored through the court.

It must be taken into account that restoration of inheritance rights is possible only due to serious reasons, confirmed in court by documents:

• The recipient of the inheritance was physically unable to submit an application due to the absence of a notary or the ability to send mail to the notary's office.
• Injury or serious illness did not allow timely contact to claim their rights.
• The will mentioned an heir who had not yet been born (if he had already been conceived at the time of drawing up the will).
• It took additional time to re-register and confirm the papers.

 

Unlike a testamentary document, claims to the property of the deceased are accepted strictly according to the order establishing the closeness of relationship. In the absence of an expression of will, citizens have the right to claim an inheritance with an equal distribution of shares among all applicants of the same order according to the following procedure:

1. 1st priority: parents, children, spouses.
2. 2nd priority: parents of parents, children of parents (including half-brothers and sisters).
3. 3rd line: uncles, aunts.
4. 4th stage: parents and grandparents.
5. 5th stage: cousins, great-aunts/grandfathers.
6. 6th line: great-great-great-grandchildren, aunts, uncles and nephews.
7. 7th stage: spouse of the parent, children of the spouse.

The eighth category includes dependent citizens. If persons have been found to have been under the care of the deceased for the last year or more (pensioners, disabled people), they have the right to participate in the distribution of the inheritance on an equal basis with relatives of the 2nd stage (excluding citizens of the 1st stage of kinship).

If applicants from the 1st line are not found, persons of the 2nd line are determined as heirs, and if all persons from the 1st and 2nd lines completely refuse, the rights to the inheritance are transferred to the 3rd and further lines.

The further the relationship, the more difficult it becomes to confirm blood ties with the deceased. If one birth certificate is enough for children or parents, then nephews or grandmothers will need at least 2 documents to track family ties. Documents for registration of inheritance after the death of the husband will include a marriage certificate from the registry office.

How to write an application

The most difficult thing in the process of preparing to accept an inheritance is collecting documents confirming the legality of the claims to the property of the deceased. This package of papers is attached to the application. Having identified a specific notary office that will deal with the inheritance matter, you will need to draw up a document on entry into the inheritance.

You can find a sample of the forms yourself, or prepare the paper using knowledge of the following details:

1. Full name of the notary, name of the office.
2. Personal information about the applicant (full name, registration).
3. The goal is determined according to the desire of the heir - to receive inherited property or title documents.
4. The document indicates the personal details of the deceased (full name, date of death).
5. Claim rights to specific property identified as part of the inheritance mass.
6. Indicate the grounds for participation in the distribution of the inheritance, indicating the remaining applicants (full name, contacts).

The document is signed at the bottom and the date is put on the left.

When requesting a certificate of inheritance rights, you will have to pay a state fee determined in accordance with the provisions of tax legislation.

Duty amount

The cost of paying the fee depends entirely on the degree of relationship. As established by Art. 333.24 of the Tax Code of the Russian Federation, the payment is:

• 0.3% of the value of the property according to the assessment for citizens who are closely related to the deceased (his father, mother, child, brother, sister);
• 0.6 is paid by all other applicants with more distant relatives.

After payment, a day is set when the heir can receive a certificate confirming the right to re-register the inheritance in accordance with the share established by law or by will. Then the package of documents is sent for re-registration of property, depending on the type of property transferred.

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Documents for applying for inheritance after death

Home / Inheritance / Documents for applying for inheritance after death

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Content

• 1 Application for acceptance of inheritance
• 2 Documents for submitting an application

You have only six months after the death of a relative to accept the inheritance. If you think that you shouldn’t rush, we want to warn you. The sooner you contact a notary, the better. After all, most of the six-month period will be taken up by collecting the documents necessary to accept the inheritance.

In this article we offer you a basic list of documents. But keep in mind that the full list of documents depends on the specifics of the inheritance case. The notary who will handle your case will definitely tell you what other certificates, extracts, agreements, certificates may be required.

Application for acceptance of inheritance

The procedure for accepting an inheritance begins with the submission of an application. Actually, it is the written application submitted by the heir to the notary’s office that indicates his desire and intention to accept the inheritance.

Each heir must submit an application personally - collective applications from a group of heirs are not accepted.

But to submit an application, it is not at all necessary to visit a notary’s office yourself if the heir does not have such an opportunity.

The application can be sent by mail (the signature must be notarized) or transmitted through a representative (there must be a notarized power of attorney).

It is not necessary to prepare an application in advance - this document is so simple that you can draw it up right in the notary’s office. Moreover, there is a sample that simplifies the preparation of the application. And the notary will be able to answer any questions that arise or give practical advice in the process of drawing up and submitting an application.

But it will not be superfluous to familiarize yourself with the form and content of the document. Therefore, we offer you a sample for review and download.

For more information on how to correctly draw up an application, read the article “Application for inheritance sample”.

Documents for submitting an application

Of course, the heir will not come to the notary’s office “empty-handed” - without documents. At a minimum, he will need to provide a passport (or other identification document).

If the notary is approached not by the heir himself, but by his representative, a notarized power of attorney will be required. If a legal representative (parent or adoptive parent, guardian or trustee) is applying on behalf of a minor or incompetent heir, a power of attorney is not needed - a document that confirms the powers of the legal representative is sufficient.

Documents will also be required...

1. Confirming the death of the testator:

• Death certificate;
• Court decision to declare him dead;

1. Confirming the right to inheritance:

• According to the law - a certificate of marriage, birth, adoption;
• By will – the will itself;

1. Confirming the place of opening of the inheritance:

• Certificate of last place of residence issued by the housing office;
• Certificate of deregistration at the last place of registration, issued by the Regional Office of Internal Affairs;

1. Confirming the testator's ownership of the inherited property:

• Agreements of purchase and sale, donation, bank deposit, exchange;
• Certificate of inheritance, lifelong ownership of a land plot;
• Certificate of payment of a share for a cooperative apartment, of opening a savings account;
• Court decision recognizing property rights;

1. Confirming state registration of property rights;
2. Confirming the value of the inherited property on the day of death;

• Cadastral – indicated in documents issued by the Cadastral Chamber;
• Inventory - indicated in the technical documents of the BTI;
• Market – indicated in appraisal reports performed by licensed appraisal organizations.

1. Technical documentation for the property:

• Vehicle technical passport;
• Technical passport of the apartment, house;
• Cadastral passport of the land plot;

If an application for acceptance of an inheritance must be submitted within six months from the date of death, then the documents can be submitted later. The duties of the notary conducting the inheritance case include advising the heirs regarding the collection of the necessary documentation, so he will definitely indicate the need for a particular document.

The certificate of inheritance will be issued to the heirs no earlier than 6 months after the death of the testator. Subsequently, you can formalize ownership of the property and officially assume the rights of an heir. If any difficulties arise, contact a lawyer.

When to apply for inheritance after death?

After the death of the testator, it is necessary to follow the procedure for entering into an inheritance; for this you need to prepare documents and an application in accordance with the provisions of the law and submit it to a notary, having paid the state fee, within six months from the date of the death of the testator.

What documents are needed to register an inheritance?

• In any case, entry into the inheritance is carried out by the notary who accepted the will from the testator, or is located at the place of residence of the deceased testator.
• It is permissible to contact any notary to initiate a search for a will, since all notary offices are linked into one information database.
• But after a will is discovered or its absence is confirmed, the heirs must contact the notary office where the will was drawn up and stored, or at the place of last residence of the testator, if there is no such information, then at the location of the real estate of the deceased testator.
• To begin formalizing the inheritance, the potential heir must pay the state fee and arrive at the notary office with a receipt of payment to write an application for accession to inheritance rights.
• You can download a sample application for acceptance of inheritance here.
• It is very important to prepare in advance the documents that the notary will definitely need to carry out the process of transferring the property of the testator to the property of the heirs.
• List of required documents:

• Identity card of the heir, if there is a trusted representative, then his passport details and a power of attorney certified by a notary;
• Conclusion on the death of the testator with an exact indication of the date of death;
• Extract from the HOA, passport office on the number of citizens living in the apartment together with the testator during his lifetime;
• Papers on the basis of which it is permissible to determine the degree of relationship.

Next, it is necessary to consider special situations regarding inheritance of different types of property.

The following documents will be required:

• To acquire residential premises or other real estate as hereditary property:
  • registration of ownership of real estate;
  • a document confirming the absence of debt on utility bills;
  • bank statement about personal account;
  • conclusion of the inventory commission on the cost of the premises;
  • technical plan of the apartment, signed at the BTI department;
• To take possession of a land plot:
  • availability of papers certifying the right of ownership and disposal of the land plot;
  • cadastral passport;
  • technical passport and facility location plan;
  • an extract from the Federal Tax Service confirming the absence of tax debts for the property;
  • Cadastral marking of the site with determination of its value;
• If a car is inherited:
  • Ownership of transport;
  • PTS;
  • Document on registration or deregistration with the traffic police;
  • Valuation report at the time of the owner’s death, taking into account the condition of the car;
• For inherited investments, mutual funds, shares and securities:
  • details of OJSC, CJSC, JSC, LLC, of ​​which the deceased testator was a participant;
  • data on the presence of a percentage of shares and other privileges in the organization;
  • information about shares, size, cost;
  • agreements for registered deposits in banks.

1. The more detailed the documents are prepared, the faster the process of checking them with a notary will go.
2. It is allowed to enter into an inheritance within a period of six months from the date of death of the testator; the period begins to expire from the date of death, determined by the court or indicated in the conclusion on the death of the testator.
3. If a court decision was made to determine the date for calculating the period of inheritance, then it cannot be determined by the court earlier than a month after the completion of the trial and the court decision.
4. If the heir does not enter into his right within six months, does not submit an application to the notary confirming his intention to participate in the inheritance, the notary clarifies with the heir the reasons that the citizen did not meet the deadline.
5. Possible reasons why the heir does not accept the inheritance:

• A written refusal drawn up by the legal heir in relation to the estate;
• If a citizen is deprived of inheritance by a court decision;
• Violation of the six-month deadline for entering into inheritance.

There are a number of circumstances that the law accepts as permissible reasons for violating the deadline for entering into an inheritance:

• A court decision that a citizen is declared dead;
• When a court decides that a citizen is missing, a period of six months will begin to count from the moment such a decision is made;
• Recognition of the heir as unworthy with the exclusion of his right to accept the inheritance in any volume or form;
• Due to the death of the heir, the term was changed;
• Evidence of the existence of unborn children conceived by the testator before the time of death;
• The heir was outside the territory of Russia and did not have the opportunity to contact a notary; he was undergoing treatment for complex illnesses;
• Reducing the period of entry into inheritance rights, when it is clear that there is only one heir and no one else has the right to claim.

There are certain nuances in the legislation regarding the timing of inheritance. If any legal heir refuses the inheritance and the right to enter into the inheritance, which is formalized in writing, the period for dividing the share of such heir begins to count from the moment of the written statement of refusal of property.

• The same principle applies to the procedure for calculating time limits in the event that an applicant is recognized as unworthy to enter into an inheritance.
• The period for entering into inheritance rights cannot be extended indefinitely, since serious reasons are needed to restore the period; if the court considers that it is impossible to restore the period for entering into inheritance once, then the potential heir will never receive the property of the testator.
• If the heirs from the immediate family have not declared their intention to enter into an inheritance within six months, then further turns of kinship are limited to a period of three months in order to submit applications to a notary or enter into actual inheritance of the property of the deceased testator.
• In any case, the missed deadline for entering into an inheritance or announcing the intention to become an heir can be restored for several reasons:

• If the heir did not receive information about the death of the testator for reasons beyond his control;
• If the filing of an application for accession to rights was prevented by objective circumstances.

In any case, a citizen claiming to receive an inheritance may sue to restore the rights to inherit, including restoration of the deadline for filing an application.

You can download a sample application for restoration of a missed deadline for accepting an inheritance here.

To summarize, it should be noted that it is necessary to enter into a legal inheritance on time, it is important to submit and prepare all the documents necessary for accepting the inheritance in advance; without reason, you cannot ignore the timing of entering into an inheritance and the procedure for carrying out this event. Otherwise, the heir, who has every opportunity and right to accept the property as an inheritance, may lose everything.

Documents required for applying for inheritance

Inheritance is one of the fundamental rights of every citizen to receive the property of a deceased relative. According to Article 1113 of the Civil Code of the Russian Federation, the opening of an inheritance occurs immediately after death.

The next day, the successors of the deceased can begin the accession procedure. In our article we will talk about the inheritance procedure, terms and what documents are needed to apply for an inheritance.

About inheritance

What do you need to know when entering into an inheritance? There are two ways to determine inheritance rights. The first and most common of them is by law. An application for inheritance, according to Articles 1142–1145 of the Civil Code of the Russian Federation, can only be submitted by blood relatives. The following may apply for entry by law:

• The first are parents, children and spouses. Second in line are the brothers and sisters of the deceased, his grandparents.
• The third line is uncles and aunts. The fourth are great-grandparents.
• Fifth circle – great-aunts, grandfathers, grandchildren. Sixth are cousins, uncles and aunts, nephews and grandchildren.
• The last seventh line is stepfather, stepmother, stepdaughter and stepson.

If there are several heirs of one circle, then the inheritance mass will be divided equally between them. In some situations, the share size may be increased or decreased. A change in the legal order occurs in the absence of the previous circle of applicants, their refusal or inaction.

In the absence of all applicants for inheritance, the property will be recognized as escheated by law. According to Article 1151 of the Civil Code of the Russian Federation, non-inherited property will be transferred to the state in the absence of all successors.

The second method of entry is by will. Where to file for inheritance? The registration and entry process under the law and under a will are similar. The only difference is that by means of a will the testator has the right to independently determine who will be the recipient of the inherited property. In a will, the testator can:

• Establish a list of persons who can receive inherited property.
• Set the terms of inheritance and the executor of the will.
• Indicate persons who are unworthy of inheritance rights.

Wills often cause disputes between heirs and legal claimants. And the latter are trying to challenge the will of the testator through the court. But this is not easy to do, since according to the law, the will of the deceased can be declared void if it was written by an incapacitated person or under pressure (deception) from third parties.

Where to apply for inheritance

After the death of the giver, his successors must take action regarding the acceptance of the inherited property. There are two ways to accept the property of the deceased: contact a notary or actually enter into inheritance.

Contacting a notary is the most popular way to formalize the acceptance of an inheritance. The main reason is the registration of a certificate of inheritance, which is necessary in the future for registering property. Where to submit documents for inheritance?

The opening of an inheritance in a notary's office is carried out by a local specialist at the place of last residence of the giver. Successors must contact a lawyer and submit documents and an application for inheritance.

The law provides for the possibility of accepting inheritance without contacting a notary's office. According to Article 1153 of the Civil Code of the Russian Federation, successors can enter by taking certain actions in relation to the inheritance or the testator. The following actions can establish the fact of inheritance:

• On the use of the received property.
• To ensure its safety and maintenance in proper condition.
• To pay off the deceased's obligations, such as a loan or mortgage.

To recognize actual acceptance, it is necessary to take at least one action towards part of the inheritance mass. Actions should not be one-time in nature.

How to submit documents for inheritance in case of actual inheritance? This method of entry does not require the successors to formalize the acceptance with a notary. You can use the received inherited property for an unlimited amount of time after joining. However, in order to be able to realize the property, for example, sell or donate, it is necessary to issue a certificate of inheritance.

You can receive an inheritance document at any time after the actual entry. To do this, you need to contact a notary or court and establish the fact of acceptance of the inheritance. Read: “Actual entry into inheritance.”

Entry and registration deadlines

When entering into an inheritance, it is important to know not only how to apply for an inheritance, but also the time frame within which this must be done. According to Article 1154 of the Civil Code of the Russian Federation, the deadline for submitting an application and documents for inheritance according to the law is six months from the date of death of the testator.

During this time, regardless of the presence of a will, the successors must contact a notary or actually accept the inheritance. The deadline for filing an application for inheritance after the death of the giver may be extended by an additional three months if the order of heirs changes.

Registration of an inheritance certificate takes six months from the date of opening the inheritance case. The successors' ownership rights to the inherited property arise immediately after the death of the giver.

What happens if you miss the deadline for accepting an inheritance? The law cannot deprive the right of entry in such a situation, but the property not accepted will pass to the next line of successors. A late applicant can restore his right in three ways:

• Contact a notary or court to establish the actual acceptance of the inheritance.
• Restore the deadlines for registration with a notary or in court, indicating the reasons for your omission.
• Obtain consent to join later than the established period from other heirs who have joined.

It is possible to restore the terms of entry in a guaranteed manner in court by presenting evidence of the reason why the applicant was unable to formalize the inheritance on time.

After the restoration of inheritance rights, the applicant has three months to submit an application and documents for registration of accession. If this deadline is missed, it will be almost impossible to accept the inheritance.

Obtaining a certificate of inheritance

We have figured out the timing and place of opening the inheritance. The next, no less important questions are how to apply for an inheritance and what documents are needed. The procedure for obtaining a certificate of inheritance from a notary is a certain procedure that each applicant must complete.

How does joining a notary take place? The first thing you need to do is submit an application about your desire to join. The document must contain information about the applicant, the testator and the right that allows the heir to receive the property left behind. See an example of an application here: “We are writing an application for the right to inheritance from a notary (sample).”

What's next? After the application is written, the action plan will be as follows:

Below we will tell you about what documents are needed to apply for an inheritance. Remember: when carrying out the actual acceptance, there is no need to draw up documents with a notary. This can be done later, at any convenient time.

Basic documents for registration of inheritance

Above we told you about how to submit documents for an inheritance. But which ones exactly are needed? Conventionally, the set of papers can be divided into several categories. The first and main one is the grounds for opening an inheritance case.

So, for a notary you need:

• Death certificate of the testator (issued at the local registry office).
• An extract about the place of last residence of the deceased.
• Certificate from the Federal Migration Service regarding the deregistration of the testator.
• Will (if any).

If entry is carried out by law, then each applicant must submit documents indicating the degree of closeness with the deceased. For example, children can submit a birth certificate, and a spouse can submit a marriage certificate.

What other documents are needed to apply for inheritance? The second type of papers relates directly to the inheritance mass. Successors must prepare all documents regarding the deceased's title to his or her personal property.

• When inheriting real estate, you need: a certificate of ownership, an extract from the Unified State Register, cadastral and technical plans (passports), a purchase and sale agreement, an assessment of the value of the property.
• To register a car you need: a title, a certificate of ownership, a vehicle purchase and sale agreement, the results of an assessment of the value of the car.
• To receive securities or deposits you need: extracts from the register of shareholders, bank books, contracts.

We have indicated the most private types of property that are inherited. Read on our website “registration of an LLC”, “inheritance of a land share”.

Documents for filing an inheritance must be prepared in advance and handed over to the notary when writing an application for entry. If any papers are missing, they must be restored.

Our website provides a lot of useful information about inheritance.

We tell you about how to register the right to an apartment after the death of your mother or father, when you need to sign up and within what time frame to do it.

If your question requires a more detailed answer, then write it to us. Our inheritance lawyer will quickly and thoroughly answer your question and suggest ways to resolve your situation.