How to register an inheritance if the deadline has passed, what should I do?

Inheritance has a number of restrictions.
The most important aspect is the time limit for obtaining an ownership interest. The law allows only six months for inheritance. This period is considered acceptable for timely notification of all applicants about the death of the testator. However, very often, due to impossibility or ignorance, the heirs do not receive the property due to them. How to restore rights after several months or even years? You can find out more about this in this article.

What to do if the deadline for entering into inheritance by law has been missed?

The Civil Code of the Russian Federation in Article 1154 allows six months for heirs to inherit the property of the deceased.
All heirs found during this period receive their legal shares. The six-month period is final by law, but with a significant caveat. a corresponding clause will take place if the deadline for entering into inheritance is missed.

A citizen who has rights to property, but has not declared them within the prescribed period, may demand a redistribution of shares or the return of the part due to him.

If the relevant situation is relevant, then, by law, the claimant to the deceased's property can begin to act to restore his property rights.

However, these actions will be appropriate if the six-month period was missed due to significant circumstances.

The deadline for entering into an inheritance has been missed without good reason - what to do?

If the deadline for entering into an inheritance is missed without a good reason, it is best to restore property rights by agreement with relatives.

To do this, you should carry out a number of actions:

• Notify all persons entering into inheritance. This can be done in any convenient way, written or oral;
• Obtain the consent of all interested parties;
• Draw up an agreement on voluntary redistribution notarized.

If the person who has received a share in the property does not agree to the redistribution, it will not be possible to receive the property. This is due to the fact that these actions can only be implemented if there are serious reasons. Otherwise, the judicial authority will not begin proceedings on the relevant issue.

The deadline for entering into an inheritance under a will has been missed - what to do?

If the deadline for entering into an inheritance has been missed, you should take a balanced approach to solving the problem. A will does not provide conclusive grounds for ownership of real estate. Therefore, determining whether a claim can be made is a priority. This means that you need to document your right to receive the assets of the deceased.

The presence of undeniable grounds allows you to resolve a controversial issue in person, without trial. Persons who previously received property may voluntarily refuse what they received. If it is not possible to reach an agreement in this way, then a claim should be filed with a judicial authority. The court establishes the possibility of restoration of rights.

The deadline for entering into an inheritance was missed without good reason according to the will

The absence of objective reasons for missing deadlines for receiving a will does not make it possible to return the due share of the inheritance.

According to the law, the bequest is distributed among other relatives indicated in the notarial papers or who have the right of priority in receiving their share.

Skipping the statute of limitations and the complete absence of emerging heirs transfers the rights to real estate to the state.

Restoring the missed deadline for entering into inheritance

The presence of hereditary grounds for obtaining real estate allows a person to restore his part, even after the deadline for entering into an inheritance has been missed.
The law states that the limitation period begins from the date on which a person had the opportunity to apply for inherited property.

Valid reasons are considered:

• Residence in another territorial district and lack of knowledge about the death of the testator;
• Long business trip;
• Imprisonment;
• Disease.

Other reasons may be taken into account, but each must have justification and documentary evidence.

Perhaps information about the obligatory share in the inheritance under a will will also be useful for pensioners.

What documents are needed to enter into an inheritance if the deadline is missed?

Consideration of claims by a judicial authority requires the mandatory filing of a statement of claim, as well as the provision of a list of documents that will allow a general picture to be drawn about the testator, heir and property.

For those who missed the required period under the will, the following documents must be presented:

• An application with the required number of copies for all participants in the process;
• Receipt of paid duty;
• Will, if you had a copy on hand;
• Documents demonstrating the impossibility of earlier acceptance of property.

When restoring property, according to the law, it is necessary to add a list of documents proving the relationship and evidence that confirms the presence of significant circumstances of the omission.

Statement of claim for entering into an inheritance with a missed deadline - sample

In cases where the case of redistribution of inherited property can be resolved peacefully only by resorting to a judicial authority, the plaintiff files a lawsuit.

The claim must indicate:

• Information about the deceased and legal recipients of property;
• Clarify the method of transfer of real estate;
• Describe all objects claimed by the plaintiff;
• Indicate the objective reasons for the missed deadline;
• Express a request for restoration of the inheritance.

Situations are often considered when a claimant for inherited property cannot receive the share due to him within the period established by law. In such a case, the law provides for the possibility of once again formalizing this right. To do this, you can resort to the services of the court or resolve the issue peacefully.

How to enter into an inheritance if the deadline is missed

The current legislation regulates inheritance relations quite strictly. Established legal norms fix the rules and timing, the procedure. Thus, heirs are required to declare their rights within six months from the opening of the inheritance.

However, for a number of reasons this is not always possible. If a person does not have enough time provided by law, it is necessary to find out what to do if the deadline for entering into an inheritance is missed .

We will talk further about how the predecessor’s property is received, the existing time frames and features of their restoration.

How does inheritance take place?

The requirements for the inheritance procedure are established by current legislation. The basic norms are reflected in the Civil Code of the Russian Federation.

This contains the rules in accordance with which the transfer of property and associated obligations after the death of a citizen is made to his heir.

The inheritance procedure is one of the options for obtaining property rights.

Regardless of how exactly the right to property arose, the procedure for accepting an inheritance will be carried out as follows:

• The heir submits an application supplemented with a package of documents to the notary.
• The heir's application is being considered.
• Activities are carried out that make it possible to clearly judge that the heir has accepted the inherited property. The process represents the incurrence of expenses, protection from encroachment by third parties, as well as payment of the testator’s debt, if any.

Established deadlines for entering into inheritance

The period for entering into inheritance according to law and will is 6 months. The start date of the time period is considered to be the moment of opening of the inheritance.

It is calculated depending on the circumstances of the death of the testator and can be:

• time of death, which is recorded in documents;
• the estimated day of death, which is indicated in the text of the judicial act;
• the date from which a court decision recognizing the owner of the property as deceased begins to take effect.

If the heir is given the opportunity to become the owner of the property because other citizens have renounced their right or were found unworthy, a new period is granted. It begins to be calculated from the moment a person acquires the right to inherit.

If the legal heirs do not contact the authorized body within the allotted time, a similar opportunity arises for the persons who are next in line.

In this case, citizens are required to contact the notary no later than three months from the moment when the time allotted for previous recipients of the inheritance ends. During the periods specified above, the heirs can exercise their rights or refuse to accept property and obligations.

How to restore the missed deadline for entering into an inheritance?

If the heir missed the deadline, he will have to figure out how to enter into an inheritance if more than 6 months have passed. It should be taken into account that it is not always possible to restore the period of application.

The heir who missed the deadline will be accommodated if he did not have information about the death of a relative and could not obtain this data due to a number of circumstances.

It will be possible to restore the missed period in the presence of a number of other reasons that were recognized as valid. The law provides for 2 ways to restore the missed inheritance period.

This is possible if other applicants for the inheritance agree to help the heir and give written permission to restore the term.

If relatives refuse to restore the overdue period, they will only be able to regain their rights through the courts.

Extrajudicial procedure for restoration of inheritance term

If the heir missed the deadline for accepting the inheritance, he must contact the notary who is handling the case and provide documents confirming that other heirs are not against the redistribution of the received property.

Signatures placed on documents must be notarized. All persons entitled to receive an inheritance are required to provide such papers. If one of the heirs does not want to give consent, it will be possible to restore the term only through the court.

If other heirs have given written permission, the previously received certificate is revoked.

The method that makes it possible to restore the deadline for entering into an inheritance does not apply if the heir who violated the norms of the current legislation is the only one, or all persons called to inherit, missed the required period of treatment.

Restoring the deadline for applying for inherited property through the court

In practice, heirs who received property most often do not agree to the redivision of previously received shares. In this situation, the new heir will have to go to court. Such matters are the responsibility of the district courts.

The limitation period is limited.

The proceedings can be started within six months from the moment the person learned about the emergence of the right to inheritance, or the circumstances have disappeared that do not allow him to contact the authorized body and receive the share due to him.

The defendants in such a situation are the heirs who have already entered into the inheritance in accordance with the norms of civil law. Third parties are also involved. Usually a notary takes part in inheritance proceedings.

In order for the court to agree to consider the claim, the heir must provide documents confirming:

• the fact that the inheritance period was missed for compelling reasons;
• existing powers to participate in inheritance;
• the fact of going to court within 6 months from the date of elimination of the reasons that did not allow the citizen to enter into inheritance in a timely manner.

The court will agree to satisfy the demands of the heir if he did not apply to the authorized body due to illness, minority, illiteracy, expedition, long business trip and incapacity.

The application will be rejected if the violation of the inheritance period occurred without good reason. These are recognized as delays resulting from ignorance of the norms of the current legislation, being in a correctional institution or a short-term health disorder.

All facts presented by the plaintiff must be supported by documents.

The applicant is obliged to contact the judicial authority located at the place of registration of the defendant. If the estate includes real estate, you will need to submit documentation to the court located in the territory of its location. The claim is drawn up in several copies. Their number must be equal to the number of respondents.

Typically, the statement of claim must be supplemented with the following documents:

• a check or receipt confirming payment of the state duty;
• documents containing information about the composition of the inherited property;
• death certificate of the testator;
• documents confirming the presence of relationship between the heir and the testator;
• a document containing a refusal to perform notarial acts;
• documents confirming that the reason for missing the deadline was valid.

If the court makes a positive decision, the violated term is restored, and the person who filed the claim is recognized as an heir. A reasonable ratio of shares is determined for a disputed inheritance.

If required, a judicial act cancels the title documents that were previously drawn up. A court decision is a document that can be used as the basis for state registration of a real estate property and papers confirming the fact of ownership of other objects.

During legal proceedings, an additional application to a notary's office is not required.

If the property due to the heir has not been preserved

Often a dispute may arise if the inherited property has been sold. Most disagreements between heirs arise precisely because of the sale of real estate. In this case, the process can be carried out until the due date is restored by another heir.

In this situation, most judicial authorities oblige to pay financial compensation for real estate and things that were not preserved in kind. The amount due is calculated based on the cost of each specific item. In this case, the value of the indicator is calculated on the date of inheritance.

Compensation is required to be paid by persons who originally received rights to property through inheritance.

The deadline for accepting an inheritance has been missed: what should all heirs do?

Within the period established by law, the heirs must declare their rights to the property of the deceased. However, the legislation provides for the possibility of receiving property even if the deadline for entering into an inheritance has been missed.

Terms of inheritance

In cases specified by law, the countdown is carried out not from the date of death, but from the moment:

• Recognition of an heir as unworthy by a court decision (Article 1117 of the Civil Code of the Russian Federation);
• Receipt by a notary of a citizen’s application for renunciation of inheritance rights;
• Birth of children conceived during the lifetime of the deceased;
• Expiration of the period for accepting the inheritance by one of the applicants. In this case, subsequent heirs have 3 months to declare their rights;
• The death of the heir within six months, if he died before he had time to formalize his rights. The right to register the property for the remaining period passes to his heirs.

How to restore a missed deadline

There are 2 options for solving the problem (Article 1155 of the Civil Code of the Russian Federation):

1. By agreement. To do this, a citizen who has not registered his rights on time must obtain the consent of the remaining heirs.

• Consent must be sent to the notary in writing (if sent by mail or through a representative, signatures must be notarized).
• Previously issued certificates are invalidated, and the heirs receive new ones, designed taking into account the allocation of a share to the new heir.
• Changes are made to the records of registration of property rights in Rosreestr based on new documents.
• Going to court cannot be avoided if the deadline is missed by the sole heir or all possible recipients.

An appeal to the judicial authorities is necessary if the consent of other heirs could not be obtained. This happens most often, since when the inheritance is redistributed, the previous heirs lose part of it, or generally all rights to it, especially if the person who missed the deadline should receive most of the property according to the will.

Actual acceptance of inheritance

The inheritance is considered accepted, despite failure to receive a certificate from a notary, if the citizen:

• Begins to use the property (lives in the house, uses household items, etc.).
• Provides property security (installed a new lock, alarm system, etc.).
• Spends his own funds on caring for the property (repairs the car, pays for housing and communal services, taxes, etc.).
• Pays the debts of the deceased using personal funds.

These circumstances require documentary evidence, in particular, submission of:

• Certificates from housing and communal services or other authorized bodies about the place of residence of the heir.
• Receipts for payment of utilities, taxes, and loan payments.
• Contracts for home and car repairs.
• Certificates from authorized bodies confirming that the property is in use.
• Testimony of witnesses.

In this case, the citizen is not considered to have missed the deadline and does not need to restore it through the court. At any time he has the right to obtain a certificate from a notary office.

But if the notary employee considers that the evidence is insufficient, the certificate cannot be issued, and it will be necessary to establish through the court the fact of acceptance of the inheritance.

The procedure for reinstating the deadline in court

In order for the court to restore the term, two circumstances must be confirmed simultaneously:

• The citizen did not contact the notary because he did not and could not have information about the death of the testator (in the absence of any contacts for a long period of time, the fact of death was deliberately concealed from him, etc.), or for other valid reasons.
• At the time of filing the application, six months had not passed since the date on which such reasons were eliminated.

The court may regard the following circumstances as valid:

• Severe long-term illness (heart attack, stroke, coma).
• A long business trip without the ability to interrupt it.
• Illiteracy.
• Incapacity or childhood.
• Ignorance about the existence of an inheritance (for example, about a bank deposit).
• Helplessness.

This list is not exhaustive. The judge evaluates the situation in each specific case, considering all the circumstances together, and may consider other reasons worthy of attention.

Drawing up and filing a claim

When drawing up and submitting an application, you should be guided by the provisions of Articles 131, 132 of the Code of Civil Procedure of the Russian Federation.

The claim must be submitted in writing. It should contain:

• Name of the court;
• Full name of the plaintiff and defendant, their addresses and contact details;
• Details of the deceased, date of death;
• Information about inherited property;
• Circumstances that led to missing the deadline;
• Applicant's requirements;
• Evidence supporting the plaintiff’s position;
• Cost of claim;
• List of attached documentation;
• Date and signature.

Package of attached documentation:

• Copies of the claim according to the number of participants in the process;
• A copy of the death certificate;
• Certificate of inherited property;
• A document proving the existence of a relationship with the deceased;
• A copy of the notary's refusal;
• A copy of the will (if available);
• Documents confirming valid reasons (medical reports, certificate from work, etc.);
• Receipt for payment of state duty;
• Other documents of legal significance.

Filing a claim

Inheritance cases are considered by district courts at the place of residence of the defendant (one of them), or at the location of the inherited property.

The application is submitted to the office, by post or by a representative of the plaintiff (in the latter case, a power of attorney is required).

The court's decision

The judge reinstates the term if he considers it proven that there are good reasons.

Such a decision entails the loss of legal force of certificates of inheritance issued earlier.

There is no need to contact a notary office for a new certificate, since the judicial act indicates the shares of all heirs. It also serves as the basis for changing the registration records of ownership of real estate.

If it is impossible to transfer the part of the property due to him to the plaintiff (for example, it was sold), the judge indicates the obligation of other heirs to pay compensation.

Possible reasons and consequences of refusal of a claim

• If the court does not consider the reasons cited by the applicant to be compelling, his demands will not be satisfied.
• The claim will also be rejected if you apply to the judicial authorities after six months have passed from the moment when the factors that prevented you from contacting a notary have been eliminated.
• The decision will be negative if the applicant knew about the inheritance, but did not consciously register it, or announced his refusal and then changed his mind.
• In case of refusal, the right to property is lost.

Is reinstatement possible without good reason?

The right to evaluate a reason as valid or not belongs to the court; there is no exhaustive list in the law.

Therefore, the applicant has the right to file a claim, citing any circumstances.

It is unlikely that the following will be taken into account:

• Short-term mild illness;
• Lack of legal knowledge;
• Short-term business trip;
• Lack of time or desire to visit a notary office, etc.

What to do if the inheritance deadline has expired?

The process of registering an inheritance after the death of, for example, a mother is a legal procedure that seems complicated to some ordinary people. But in fact, there is nothing complicated about accepting property after the death of a loved one. However, there are several nuances that are important to be aware of. In this article we will tell you about the timing of entry and how to accept an overdue inheritance.

Acceptance of inheritance: registration process and timing

How does the process of inheritance take place? The first thing the heir needs to do is contact the notary office at the place of registration of the testator. When contacting a lawyer, you need to prepare the following documents:

• Death certificate, extract from the place of last registration of the deceased, certificate of deregistration at the place of residence.
• Documents of ownership in relation to the inheritance left. For example, when inheriting an apartment, you need to prepare an extract from the Unified State Register, a certificate of ownership and passports from the BTI.
• Documents evidencing the applicant's right to join. They can be papers establishing a relationship with the deceased or a will (if there is one).

How to determine whether there is a will? To do this, relatives or other applicants for entry can send a request to a notary, who is obliged to find the document. If there is no will, then inheritance is accepted on the basis of the legal order of heirs.

According to Article 1153 of the Civil Code of the Russian Federation, inheritance can be accepted without registration, by performing certain actions in relation to the property left behind or the obligations of the deceased. For example, a son can actually take over his mother’s apartment if he lives in it after the death of his parent and pays utilities. Any other property can be accepted according to the same type.

One of the basic rules for registering an inheritance with a notary or actually accepting property after the death of a loved one is the timing of entry.

We will tell you below how to enter into an inheritance if the deadline for accepting it has expired.

According to Article 1155 of the Civil Code of the Russian Federation, an heir who did not have time to accept the inheritance in a timely manner has the right to do so later. Moreover, he should not have known or could not know about the death of the testator or for other valid reasons that existed during the last six months after the death of the testator. Valid reasons include:

• serious health problems that do not allow you to complete the actions related to filing an application for acceptance of the inheritance;
• problems with documents (loss, clerical errors);
• illiteracy;
• remote location and lack of communication with persons knowledgeable about the opening of the inheritance (they deliberately concealed this fact).

To restore inheritance rights, the heir must prove their objectivity and irreversibility during the time established for accepting the property of deceased parents, spouse, or relatives.

What happens if you miss the entry deadlines?

Often in inheritance practice a situation arises in which the applicant was unable to complete the entry on time and receive the necessary documents. What to do if entry into inheritance is overdue?

Three types of heirs can claim an inheritance, including legal claimants, will applicants, and disabled dependents of the testator. Sometimes all three categories can simultaneously accept one inheritance. If one of the candidates missed the deadline for registration, then other categories of heirs will be called upon to inherit.

For example, if the heir of the first priority by law did not accept the inheritance within six months, then his right passes to the second circle of successors. If the heirs under the will miss the deadline, their right passes to the legitimate claimants.

You can miss the deadline for accepting property after the death of a relative for various reasons, which may not depend on the applicant himself. For example, a long business trip, illness. What if a person did not know that he was an heir and missed the deadline for joining?

It is possible to restore your right to inheritance, but there are some peculiarities. The applicant has the right to extend the deadline for accepting property through the court or by agreement with other applicants.

Please note: if the inheritance is not accepted by any of the heirs during the period of its acceptance, then the property left behind will legally pass into favor of the state. Read more: “Acceptance of escheated inheritance.”

Restoration of rights to inheritance without trial

In practice, there are widespread examples of how heirs do not always accept inheritance within the time limits established by law. But it is important to know: according to the law, a missed deadline is not a basis for depriving the heir of the right to join.

But the court can deprive the right to inheritance if the successor is found unworthy of the right to inherit. The reasons for such a decision may be crimes committed against the testator or other heirs, fraud, concealment of part of the property, or illegal acquisition of rights to accept the property left behind.

Establishment of actual inheritance

How to receive an overdue inheritance if the applicant did not have time to accept it within the deadlines established by law? You can restore your right to accept property in one of several ways, the first of which is to establish actual entry. According to Article 1153 of the Civil Code of the Russian Federation, if the heir has performed certain actions in relation to the property, then he is recognized as the successor who has actually accepted the inheritance.

The applicant can go to court or to a notary's office with evidence of his actual acceptance of the property.

Documents evidencing the use, disposal or improvement of the inheritance must confirm the actions of the applicant that were performed by him during the main period of entry.

Please note: if actions in relation to the inheritance were carried out by the applicant later than the 6-month entry period, then it is impossible to establish the actual acceptance of the property. It is possible to restore the rights to entry if the actions of the applicants were committed on part of the inherited property.

Peace treaty to restore terms

The second way to restore inheritance rights is to conclude a settlement agreement in a notary’s office between the late applicant and all other heirs who have already accepted the entry. In this situation, no additional documents are required.

How is the deadline for accepting an inheritance from a notary restored? The first thing to do is to obtain consent from each candidate who has already formalized their rights to join. The presence of issued certificates is not an obstacle to this. The lawyer has the right to revoke previously executed documents and redistribute the inherited property taking into account the new applicant.

Before formalizing the agreement, a late applicant can send each heir who has already formalized their rights during the main period a notification with a request to be accepted into the circle of inheritance recipients.

Upon receiving positive responses from all other successors, the notary draws up a written agreement that all recipients must sign. After this, the late heir will be officially recognized as such and will be able to receive his share.

It is worth knowing that this method is not always effective in restoring the terms of entry, since obtaining consent to accept a new applicant from those who have already joined is a rare opportunity.

By law, each successor is not required to disclose the reasons for refusing to conclude an agreement, but, most often, such a decision is associated with a possible reduction in the share of the inheritance due to the allocation of part of the property to the new applicant.

Applying to the court to restore the deadlines for accepting an inheritance

If it was not possible to conclude a peace agreement on restoring the right to inheritance, then the successor has the right to apply to the court with the corresponding demand. To do this, you need to prepare a statement of claim (example in our article: “Restoring the right to inheritance in court”).

The applicant has the right to file a claim to restore the term of inheritance only within six months from the moment it becomes possible to accept the property. If you file a claim later, it is impossible to restore the right to join.

When drawing up a statement of claim to the court, it is important to describe in detail the reasons why the plaintiff was unable to enter into the period allotted by law.

A certificate of illness, military service, long business trip - all this is confirmation of a valid reason why the applicant could not accept the abandoned property on time.

You can submit an application in several ways: contact the judicial authority in person, send the papers by registered mail, or transfer them through an official representative (a power of attorney is required for this). The statement of claim is submitted to the court in three copies. The following documents must also be attached to the claim:

• Grounds for entry (death certificate, will, proof of relationship).
• Probate documents (papers declaring the deceased's title to his property).
• Evidence of the reasons why entry into the main period for accepting the inheritance was impossible.
• Receipt for payment of state fees for legal proceedings.

Such cases are considered quickly enough and if the reason for missing the deadline is proven, then the court’s decision will be in favor of the plaintiff. If the applicant disagrees with the decision of the judicial authority to restore his rights to inheritance, then he has the right to appeal.

When is it impossible to restore the terms of acceptance?

As we described above, there are three ways to restore rights to an inheritance if the deadline for its registration is missed. However, in some situations it is not possible to restore entry rights. And in such a situation, the successor will not be able to claim the property.

Under what circumstances is it impossible to accept an inheritance later than the main entry date? There are several reasons for deprivation of inheritance rights:

• The heir knew about the inheritance, but during the period of its registration he did not show interest in joining, and decided to join only after the expiration of the period for its acceptance.
• The successor wrote a statement refusing to join, but then changed his mind. Please remember that it is impossible to reverse a decision to refuse entry without a valid reason.
• The applicant learned about the inheritance later than the deadline for its registration and after that for six months did not attempt to register it.

So, if the deadline for entering into inheritance has expired, then the applicant can restore his rights in several ways. We also recommend that you read other articles about inheritance and its registration, which are on our website. And if you need legal advice, then write your request in the window below.

We are ready to advise you free of charge on issues of inheritance, filing lawsuits regarding inheritance and the procedure for registering an entry. An experienced lawyer will answer you at any time convenient for you and suggest ways to resolve your situation in accordance with all current laws of the Russian Federation.

How to enter into an inheritance: if more than 6 months have passed, after 10 years, after the expiration of the established period

It is possible to legally accept an inheritance within six months. But in practice there are often situations when this deadline is missed. And, often this is not due to the frivolity of the heir.

The reasons are quite varied. Some do not have information about the inheritance, especially if unscrupulous relatives conceal this fact so as not to share. Others, due to personal circumstances, do not have time to submit an application to a notary (illness, business trip, property is located in another city, etc.). And someone simply calculates the deadline incorrectly.

How to enter into an inheritance if more than 6 months have passed is a rather pressing question and you need to clearly understand what to do in this case. The eventual receipt of property will depend only on the correct actions.

Grounds and reasons for reinstating the deadline for accepting an inheritance

When submitting an application to a notary's office, the first thing that will be checked is whether the application was submitted on time. The consequence of missing the deadline will be a refusal to complete the documents. From the point of view of the law, this is correct and trying to resolve the situation in a notary office is pointless. This is not within the competence of the notary, regardless of what arguments the heir will give.

How to behave in this situation and is it possible to accept an inheritance after the established period?

Article 1155 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) allows for the restoration of one’s rights in court. However, this is permitted if there are good reasons for it.

These include the following reasons:

• the heir did not know about the death of the testator (he was not informed, the notary did not notify him, he lives in another region, does not communicate with relatives);
• information about the existence of the property accumulated by the testator was not known;
• a long business trip, possibly overseas, prevented timely application;
• serious illness;
• being a minor or having a mental disorder did not allow you to apply on your own, and the legal representative or guardian missed this.

The validity of the request for an extension of time will be decided by the court. Only the judge, according to his inner conviction, will evaluate how respectful the citizen’s arguments are.

The outcome of the case will depend on the evidence presented. For example, the court may consider that illness is not an important reason and refuse the applicant. Since it is possible to apply to a notary through representatives, and the power of attorney has the right to be certified by the head physician of a medical institution.

However, under other circumstances, the result may be different. Let's say the patient was in a coma or, due to injury, could not move, talk or express his desires. Accordingly, I could not issue any orders.

Important! Acceptance of inheritance after the established period is permitted by law.

If the reason for missing the deadline is not valid

How to restore the missed deadline if the reason for missing the inheritance is not so compelling.

By law, the list of extenuating circumstances is open. This means that there is no clear list, and only the competence of the judicial authority includes consideration of the issue of reinstating the term.

If the deadline for entering into an inheritance has expired and resolution of the situation seems unlikely, you should not despair, but should try to prove your case in court in order to return what was lost. As much evidence as possible should be provided. You may need to consult a lawyer who, based on practice, will suggest a way out and give you the right idea.

What should a “late” heir do? Judicial and extrajudicial procedure

Restoring the deadline for accepting an inheritance provides several options:

• out-of-court procedure - involves an indisputable resolution of the issue between all heirs without going to court;
• judicial procedure is necessary if no one has entered into the inheritance or it is impossible to voluntarily agree with the new owners.

Out-of-court procedure for reinstatement

This method involves reaching an agreement with other persons who received the inheritance. Basically, a positive effect can be achieved if there are good relations between relatives and they are ready to accommodate the person who was unable to show up to the notary on time.

There are also situations when someone is against it, but for reasonable reasons, in order to avoid litigation and unnecessary expenses, is ready to redistribute the shares.

This will require the written consent of all citizens, drawn up in the presence of a notary. Based on this, the notary is obliged to cancel previously issued certificates and issue a new form.

As a result of such actions, the shares of some may increase, others may decrease, and for some they may even be lost if the “late” heir presents a will. Legal heirs will no longer have rights and will be excluded from the certificates.

In this case, they will have to return the property received, and if this is technically impossible (the apartment or house has been sold), reimburse the cost in cash.

There is another way to redistribute property between heirs. Each of those who received inherited property can transfer part of it, having agreed on the size of the shares, to the person who missed the deadline. This is easy to do for household items, since it does not require a special registration procedure.

If we are talking about a car or real estate (land, dacha), in this case an agreement will be required, for example, a donation. Of course, this no longer applies to the inheritance procedure, but is another type of civil transaction, but it can serve as a reasonable way out of the current situation. After all, the “late” heir, in conscience, also has inheritance rights.

Important! The voluntary method helps solve the problem of how to enter into an inheritance if many years have passed. The agreement of the parties is not subject to any time limits. You can divide shares, including on the basis of a transaction, at any time.

If the deadline for entering into inheritance has been missed, and other heirs refuse to attend the meeting, what to do in such a situation? The answer will be clear - all that remains is to go to court.

The procedure for restoring a missed deadline through the court

To receive inherited property, you will need to assert your rights in court. To do this, you will need to submit a statement of claim and relevant evidence.

Jurisdiction

Statements of claim are submitted to the district court, which belongs to the territory where the defendants are located. In this case, they can be individuals (relatives who received the certificates) or municipal authorities, in the absence of other heirs.

Statement

The claim may contain different claims, depending on the circumstances.

An application to restore the six-month period for accepting an inheritance can be filed if the plaintiff is the only one who applied, and the property is still registered with the deceased. After the judicial restoration of the period, it is possible to contact a notary’s office to obtain a certificate of ownership.

In the event that other relatives have received documents, it is more expedient to ask the court to simultaneously recognize the applicant’s right of ownership of the inherited items.

There is no clear form of claim established by law, but all requirements stipulated by the Civil Procedure Code must be met.

The application must contain:

• to whom it is addressed (name of court and address);
• information about the submitter and the respondents;
• description of the situation;
• normative reinforcement;
• pleading paragraph;
• claim price and fee calculation;
• enumeration of applications;
• the applicant's own signature.

Important! An appeal to the court must follow within six months from the moment when the reasons for the absence cease. In this case, the likelihood of making a positive decision increases.

Documentation

A package of documents must be attached to the application. Their list will depend on the specific situation.

The main securities include:

• a copy of your personal passport;
• documents on kinship (birth certificate, marriage certificate, adoption certificate, etc.);
• information about the residential address;
• evidence of valid reasons (medical reports, orders from work for business trips);
• payment document confirming payment of state duty.

State duty

The amount of the state duty will depend on the stated requirements.

If the requirements include only restoration of the term, the requirements will be considered non-property. The state duty will be three hundred rubles.

Recognizing additionally the right of ownership by inheritance, the amount of the duty will be calculated from the value of the property, according to Art. 333.19 of the Tax Code of the Russian Federation. The lowest limit is 400 rubles, the highest is 60,000 rubles.

Consideration of the case

The claim is considered in a court hearing, where the judge evaluates all the documents presented, the plaintiff’s explanations and the defendant’s objections. Examines the requested materials of the notary case, and, if necessary, interrogates witnesses. Taking this into account, the court makes a decision.

Some plaintiffs find themselves in a situation where the testator died a long time ago and, while preparing documents for the court, they doubt whether they can enter into an inheritance, for example, 10 years after the death of their father.

Judicial practice on this issue is ambiguous. There are both positive and negative acts. It all depends on the evidence base in the case.

Important! If the plaintiff provides evidence to the court that he received news of the death only five, ten or fifteen years later, it doesn’t matter, there is a chance to win the case, but the claim must be filed within six months.

Judgment

The court's act is adopted in writing and announced to the parties.

If the plaintiff's rights to the property are recognized, the judge redistributes the shares of all heirs. The court also recognizes previously issued certificates as invalid.

When registering rights to real estate, a court ruling will be the basis for inclusion in the state. register of changed data.

The deceased's pension can also be obtained by court order. This also applies to payments from the Non-State Pension Fund.

The deadline for entering into an inheritance was missed without good reason: the procedure for restoration

The period for entering into inheritance is 6 months. They are counted from the moment the inheritance case is opened. That is, from the next day after the death of the testator. During this time, the person must submit documents to obtain the right to property at the notary's office, as well as write a statement of consent to accept the property.

The time allotted for the procedure is not considered missed if the person did not manage to submit all the required documents to the notary. It is enough to contact a specialist with an application and a passport. However, despite the simplicity of the procedure, not all persons have time to resolve issues with registration for valid reasons.

In this case, the missed deadline is restored.

If you missed time - ways to restore the deadline for entering into an inheritance

If six months have passed, how to enter into an inheritance? There are two ways to do this:

• Extrajudicial . If you are late in entering into an inheritance, you can resolve the issue by avoiding litigation. This requires obtaining written consent from the persons who have already received rights to the distributed property. These documents should be submitted to a notary. He cancels the validity of the issued certificates and initiates the procedure for the distribution of property taking into account the new person. The entire event is carried out through a notary’s office, without going to court;
• Judicial . If you are unable to obtain permission, you should go to court. A statement is drawn up. It is necessary to submit an application, not a lawsuit, since there is no other party in the case.

If you have not accepted the inheritance within 6 months, it is easier to restore the right to inheritance through the court. This is due to the fact that usually other claimants to property do not agree with its redistribution, as a result of which their shares are reduced.

What to indicate in the application to restore the right of inheritance and accept property?

What to do if the deadline for accepting an inheritance has been missed? You will need to fill out an application. It is advisable that an inheritance lawyer participate in the process, since the final outcome of the case depends on the correct execution of the document and the convincingness of the arguments presented.

To restore the missed deadline, you must provide the following information in your application:

• Details of the judicial authority;
• Information about the applicant;
• Composition of the hereditary mass;
• Reasons for not contacting a notary on time.

In order for the court to allow you to enter into an inheritance due to a missed deadline, it is recommended to attach to the application documents confirming the presence of valid reasons for not applying to the notary’s office.

Valid reasons for missing the acceptance of an inheritance - what to do if six months have passed

Let's consider good reasons for missing the deadline for entering into an inheritance, which can be accepted by the court:

• The person did not know about the death of the testator due to the concealment of this information, lack of notification, and could not independently verify whether the case was opened;
• The person did not know about the death of the testator, since he did not come into contact with him;
• Being on a long-term business trip abroad (a certificate from work will be required to confirm this fact);
• Long-term illness (a certificate from a medical institution is required).

What to do if the deadline for entering into inheritance has expired? You must wait for the application to be reviewed. The assessment of the circumstances that led to this case is carried out by the court. If they are recognized as valid, you can enter into an inheritance if the deadline is missed.

Overstayed due to unexcusable reasons, but want to join?

How to accept an inheritance if the deadline is missed? There must be valid reasons for this. But the reasons stated by the applicant are not always valid. The following circumstances are unlikely to be taken into account by the judicial authority:

• Mild illness;
• Being on a business trip that ended long before the closure of the inheritance case;
• Lack of time to visit a notary's office.

It is quite difficult to register an inheritance if the deadline has passed. Judicial practice shows that such cases are usually decided against the applicant. If the deadline is missed and there are no valid reasons for this, in most cases the court gives a negative answer, and the applicant for the property is deprived of all rights to it.

It is easier to restore the right to inheritance through the court.

In what cases can you not go to court?

Every person has the right not only to accept, but also to refuse the property of the testator. If the inheritance period has been missed and if the person did not intend to accept the property, there is no need to contact the court. If the deadline is missed, the property will be distributed among the remaining applicants for it. It is not necessary to draw up a waiver of property.

Procedure for actually receiving property

The actual receipt of property means that the person:

• Spends funds on maintaining facilities;
• Pays the debts of the testator;
• Takes measures to preserve property (for example, pays for housing).

These grounds for actual entry into rights are specified in Article 1153 of the Civil Code. In this case, it is easier to restore the right to inheritance. This is due to the effect of Article 1154 of the Civil Code.

It states that if the deadline for entering into an inheritance is missed, the person who actually received the property has the right to receive rights to it. In order to restore the deadlines for entering into inheritance in this case, you must submit to the court confirmation of the actual acceptance of the property.

These could be checks for payment of rent, receipts for repayment of debts. Judicial practice on the actual acceptance of inheritance is here.

Article 1153 of the Civil Code of the Russian Federation states that if the deadline for entering into an inheritance is missed, by law a person can apply for a certificate at any time. The law provides for a limitation period for inheritance cases.

Missing the deadline for entering into an inheritance and the procedure for its restoration can be studied in the Civil Code. Sometimes this issue is resolved out of court.

The need to go to court is associated with disputes between claimants for property and the lack of evidence of the actual acceptance of the inheritance.