How to enter into an inheritance after the death of a grandmother

The death of a loved one always causes mental pain, but immediately after the funeral a new problem arises - the division of property. In this case, not only property is transferred to inheritance, but also possible debts of the deceased.

The first priority includes children, parents, and spouses. No matter how old they are or what country they live in.

Adopted children are considered relatives by law and are first-priority adoptees. Illegitimate heirs, upon presentation of documents on established kinship, also belong to it.

The second priority takes part in the division of the grandmother's property only in the absence of the first. It happens that there are no children or they have already died and did not have offspring.

This category includes brothers and sisters, not only siblings, but also step-brothers. In the event of the death of these relatives, their share will belong to their immediate descendants. They are the deceased's nephews.

The testator's grandparents, if alive, belong to the second priority.

The third group includes distant blood relatives and their direct descendants.

For example, uncles and aunts, cousins, as well as their children, if one of them is no longer alive or died shortly after the death of the grandmother.

The fourth and fifth stages include grandchildren, if their parents are alive and other distant relatives. The sixth is cousins ​​and grandchildren. The seventh line includes siblings and great-great-grandchildren.

If there is no document on inheritance, grandchildren can participate in the division of property only in one of the last stages or in the first, provided that the direct heirs have died. A will simplifies matters.

If grandchildren are listed there, they become direct heirs. It is important to remember that the share of the inheritance includes people who were under the care of the deceased. They have a mandatory share by law.

These could be grandchildren.

When there are several heirs, the grandmother's property after her death is divided equally among all according to an oral agreement between the participants, where the share of each is specified. If it is not possible to reach a common opinion, the dispute goes to court.

It may happen that the grandchildren are disinherited, even if the will states their share. This happens when they behaved “inappropriately” towards their grandmother.

For example, through physical or moral pressure they forced the old woman to make a will for them.

However, this situation is dealt with in court and only if there is irrefutable evidence, “unworthy” grandchildren are excluded from the will.

Grandchildren can receive a mandatory share of the inheritance. This can happen if they were minors at the time of their grandmother’s death and had been under her care for at least a year. The same applies to disabled grandchildren, even if they are adults.

The testator, according to Russian legislation, has the right to decide who to include in the will. These can be private individuals or legal entities. To draw up inheritance papers, the health status of the person who is included in the document as an heir and his citizenship do not matter.

In a will, you can designate not only the shares you will receive, but also the division of specific things. If the document does not contain information about the size of each person’s share of property, everything is divided equally.

It is usually distributed according to a will, law, or representation. First of all, attention is paid to the will. In case of its absence, the property is divided according to law.

If the grandmother has a living spouse, he has the right to half of the property that was acquired during the married life. The second half is divided in equal parts among the heirs of the so-called first stage.

They are mandatory:

• Natural or adopted children, even those born within a few months after the death of the testator;
• Legal spouses;
• Parents.

Grandchildren may also belong to the first priority in cases where their legal heir parent is already dead at the time of division of property. This is called “heirs by representation.”

If the division of property takes place peacefully by mutual consent, the situation does not require outside intervention. Otherwise, litigation cannot be avoided.

There are several points that influence the court's decision:

• Type of property;
• Did the heirs live with the deceased?;
• Did the successors use this property during the life of the testator?;
• Does the property belong to the category of property that can be divided or not?

There are several types of property.

Indivisible is one that cannot be divided without damage. In this case, the one who will own this thing pays compensation in monetary equivalent to the other participants in the process.

Personal - you can inherit only what the testator had for personal use and belonged only to him. The right of inheritance does not apply to other things, if they were in his home at the time of death.

Joint - if during his lifetime the testator owned something jointly with someone else, the heirs can take the place of the deceased and receive the right to ownership, but not the property itself.

Share – only the share of the deceased is transferred to the recipients. This type is similar to the previous one, but an equivalent in material form is possible.

First of all, you need to declare that you have the right, that is, to partially or completely inherit the property.

To do this, contact a notary, perhaps he will send an application form that must be filled out and signed.

You must declare that you want to enter into inheritance rights no later than six months after the death of your grandmother. The notary will issue a special certificate that will legitimize the right to a share of the property.

If, within the agreed period, none of the relatives declares their right to inheritance, the property of the deceased will belong to the state. It happens that relatives contact us later. In this case, only objective reasons for absence will be taken into account. This could be hospitalization, a trip abroad.

After the death of the grandmother, the direct heir or first-degree relatives have the right to inherit. Its representative is a son, daughter or legal spouse.

If there are none, the remaining relatives - according to the established order. Grandchildren inherit part of the property by nomination or as direct heirs, depending on the presence or absence of a will.

Inheritance after the death of a grandmother without a will according to law

Issues of inheritance of property of deceased citizens are not the simplest, despite the fact that the law regulates them with a sufficient degree of certainty. This is due to the fact that the law cannot provide for every specific life situation by establishing general regulatory rules.

According to the law, it is allowed to inherit the property of a deceased person either by will (if the deceased made one) or by law (in accordance with the established order).

You can enter into an inheritance or refuse it from a notary, who has opened the relevant file.

In what order will the heirs of the deceased grandmother be determined?

If the deceased grandmother did not leave behind a will in which she would have provided for her will regarding the distribution of her property after her death, then the heirs will be determined according to the order imperatively established by the law.

Such issues are regulated by Articles 1142-1145 of the Civil Code of the Russian Federation (hereinafter also referred to as the “Civil Code of the Russian Federation”):

• The priority recipients of the inheritance will include the deceased's spouse, parents and children. The grandchildren of the deceased have the right to inherit only by right of representation. This means that the share of the inheritance will go to the grandchildren (in equal shares) only if the grandchildren’s parents (grandmother’s children) themselves have already died. In this case, the parents’ share passes to their direct descendants, who are the grandmother’s grandchildren;
• Secondly, the brothers and sisters of the person who has passed away, as well as his grandparents, inherit. This queue has the right to enter into inheritance only if there are no priority heirs. For all subsequent queues, exactly the same rule will apply - people in the queue can be considered as recipients of the inheritance only if there are no people in the queue above;
• In third place, uncles and aunts inherit;
• In the fourth - great-grandparents;
• Fifth - persons who are cousins ​​of the deceased (great-grandchildren, great-aunts/grandfathers);
• In the sixth place, persons who are cousins ​​through a generation (great-great-grandchildren, great-great-grandparents) enter into inheritance;
• If the deceased does not have any of the above relatives, then the stepmother and stepfather, as well as stepsons and stepdaughters, are called upon to inherit in seventh place.

It is worth noting that if there are no people in the queue above, this does not necessarily mean that they do not physically exist at all.

Perhaps they exist, but they are not involved in inheritance in the order of their turn due to exclusion from the inheritance or deprivation of the inheritance, as well as in cases where they refused the inheritance.

If in all seven stages there is no person who would enter into the inheritance, then the inherited property is considered escheated and comes to the disposal of the municipality at its location. This concerns inheritance by law.

A will must be made only in a state of legal capacity, otherwise the fact of its execution will not have legal force.

The law provides for the principle of freedom of will, therefore the testator has the right to provide for any heirs in it and to divide the property in any order and proportion. A will can be revoked or changed at the will of the will maker at any time.

The will can also provide for persons who are deprived of an inheritance without indicating the reasons for such deprivation or indicating them.

The testator's freedom of testamentary will is limited only by the obligatory share in the inheritance provided for in Article 1149 of the Civil Code of the Russian Federation.

In accordance with this norm, the number of obligatory heirs, regardless of the contents of the will, must include:

• children of the testator who are disabled or have not reached the age of majority;
• disabled parents of the testator;
• other disabled dependents who were dependent on the deceased for at least a year before death.

• These persons must receive at least half of the share that would have been due to them if they had inherited in the order of priority established by law.
• So, to summarize on this point.
• If the grandmother dies and does not leave a will, then the inheritance is primarily attended by the parents, children and spouse, as well as disabled dependents, if any.
• Grandchildren can be involved in inheritance only by way of right of representation if the children of the grandmother, whose direct descendants they are, have also already passed away.

If there are no heirs in the first line, or all of them are deprived of the inheritance or refuse it on their own, then persons from the second line will be involved in the inheritance. If there are none, then the heirs will be determined in accordance with further lists.

Refusal of inheritance is also a common occurrence in practice, because not only property, but also debts are inherited, and in order not to pay off the debts of the testator, you can only refuse the inheritance entirely.

It is impossible to waive debts and receive only property. Partially giving up some property in favor of another is also impossible. The property mass is a single and indivisible volume, which can be accepted or not accepted only in its entirety.

The inheritance case is opened at the place of registration of the deceased grandmother. If there are difficulties in determining the required notary office, then you can always contact the notary chamber for the subject, which will tell you the exact coordinates of the required chamber.

1. To enter into an inheritance, you must apply to such a notary office with an application and a package of documents within 6 months from the date of your grandmother’s death.
2. A sample of the required application can be obtained directly from the notary to whom the application is made, or downloaded here.
3. The following documents must be attached to the application:

• documents on the death of the testator;
• documents confirming registration;
• documents that will confirm the fact of relationship, and as a result, the right to receive an inheritance.

After checking all the information, the notary issues special certificates of inheritance to everyone who has the right to receive an inheritance, with the help of which they can re-register real estate in Rosreestr or vehicles in the traffic police.

If the heirs have decided on a notary whom they need to contact, then they must write an application to him and attach documents to it, as mentioned above.

It also makes sense for the notary to provide documents for property known to the heirs, the owner of which was the grandmother. This may be a certificate of ownership (or an extract from the Unified State Register of Real Estate, as this document is currently called) for real estate, as well as a title for vehicles.

• If the heir is a grandson who inherits by right of representation, then the notary will also need to provide documents indicating the death of the parent and documents that would confirm the relationship with him.
• Searching for other heirs is not the responsibility of notaries - they must take the initiative themselves and apply for certificates of inheritance.
• If the deceased did have a will, then the notary will easily find it - the notary has a special information system in which all wills are reflected, regardless of which notary it was executed by.

Inheritance to grandchildren after the death of grandparents

There are two options for inheritance by grandchildren after the death of a grandmother or grandfather: by will and by law (without a will). The first type has priority. Grandchildren inherit by law if the grandmother or grandfather did not make a will.

A will is a document drawn up in the form prescribed by law, which indicates the will of a citizen to transfer his property after death to certain citizens.

If the grandmother or grandfather made a will before their death, then the grandchildren have the right to inheritance in the case where this is expressly stated in the will.

Heirs are recognized as persons indicated in the will as successors of the testator. They can be any person of the testator's choice:

• Heirs by law (parents, children, grandchildren, spouse and other relatives);
• Other citizens (cohabitant, friends, colleagues and others);
• Legal entities;
• Russian Federation, constituent entities of the Russian Federation, municipalities;
• Foreign citizens and organizations

Grandchildren who are alive after the death of the testator, as well as those who were conceived during the life of the testator and born after his death, can be called upon to inherit.

The testator has freedom when drawing up a will , therefore he can bequeath property to any persons, give one heir a large share, another a small one, not indicate a share in the inheritance, leave legal heirs without inheritance, include orders in wills, etc. (Article 1119 of the Civil Code of the Russian Federation) Federation (Civil Code of the Russian Federation)).

The law provides for cases when a grandchild may be disinherited, even if he is specified in the will. This happens if he was recognized as an unworthy heir.

This situation is possible when he, through illegal actions, influenced his grandmother or grandfather to draw up a will in his favor or to increase his share (Article 1117 of the Civil Code of the Russian Federation).

These actions must be confirmed in court.

Testamentary refusal and testamentary assignment

A will may include not only rights to inherited property, but also certain responsibilities. The testator according to Art. 1137 of the Civil Code of the Russian Federation has the right to impose on the heirs, at the expense of the inheritance, to fulfill any obligations in favor of people who are not heirs (testamentary refusal).

Citizen Ivanov drew up a will, which stipulates that after his death the apartment becomes the property of his grandchildren: Petrov and Galinova. At the same time, they are obliged to provide an apartment for lifelong residence to his partner Kruglova. From the moment Ivanov’s grandchildren enter into inheritance, Kruglova has the right to freely enter and live in the apartment of Petrov and Galinova.

A testamentary assignment differs from a testamentary refusal only in that the responsibilities assigned to the heirs are aimed at generally beneficial purposes.

The heir's obligation to fulfill a testamentary refusal and assignment arises only if he has accepted the inheritance. The legatee (the person in whose favor the testamentary refusal is drawn up) and interested parties have the right to demand from the heirs the execution of the testamentary refusal and the assignment in court.

Inheritance to grandchildren without a will

In cases where the grandmother or grandfather did not make a will during their lifetime or did not include part of the property in the will, such property passes to the heirs by law. The law provides for the presence of 8 queues, which are formed according to family ties with the testator, and each subsequent one is called upon to inherit if there are no representatives of the previous queue (Article 1141 of the Civil Code of the Russian Federation).

In accordance with Art. 1142 of the Civil Code of the Russian Federation, children, spouse and parents of the deceased are considered heirs of the first priority. Grandchildren inherit in first place by right of representation.

This means that grandchildren inherit by law after their grandparents only if their parents died before their grandmother or grandfather (Article 1146 of the Civil Code of the Russian Federation).

The share that would be due to the grandchildren's parents is divided equally among the grandchildren.

In the summer of 2012, the Glukhov couple died in a car accident. The Glukhovs are survived by their adult children Ekaterina and Nikolai. From that time on, their grandmother Lidia Vladimirovna looked after them. A year later she died without making a will.

The right to inherited property in this case belongs to the grandchildren - Ekaterina and Nikolai.

The full sister is the heir of the second stage, therefore the grandchildren inherit from the grandmother by right of representation as the direct heirs of her daughter, who is included in the circle of the first stage.

This right provides restrictions; grandchildren do not inherit after their parents :

• disinherited by the testator;
• who died at the same time as the testator and at the same time are unworthy heirs.

Mandatory share in inheritance

The law provides for cases when certain categories of citizens are required to provide part of the inherited property of the deceased, regardless of the contents of the will and membership in the queue (Article 1149 of the Civil Code of the Russian Federation).

Grandchildren have the right to a compulsory share if they were dependents of their grandmother or grandfather and lived with them for at least a year . The right to an obligatory share does not depend on the consent of other heirs .

Being a dependent means that the grandson receives his livelihood from his grandmother or grandfather, or received such assistance from them that was his main or permanent source of income.

Citizen Sidorov, 33 years old, was a disabled person of group 1, was dependent on his grandfather, who supported his grandson, and lived with him for the last 5 years. Sidorov's parents died before the death of his grandfather.

In his will, the grandfather transferred all the property to his wife, who is not Sidorov’s grandmother. The total cost of the inheritance is 400,000 rubles. Sidorov is the heir of the first priority by right of representation.

Therefore, after the death of his grandfather, property worth at least 200,000 rubles should go to Sidorov.

To calculate the minimum size of the obligatory share, you need to divide the total value of the inherited property by the number of heirs who would be called in the absence of a will, and find half of the resulting amount. The obligatory share can be reduced by a court decision, taking into account the property status of the heirs to whom the obligatory share is due (clause 4 of Article 1149 of the Civil Code of the Russian Federation).

Entry into inheritance by grandchildren

Acceptance of an inheritance is an expression of the will of the heir in relation to the property belonging to him by will or by law. The heir always has the right to choose to accept the inheritance or refuse it.

The grandson's acceptance of part of the bequeathed property means consent to full entry into the inheritance (clause 2 of Article 1152 of the Civil Code of the Russian Federation). However, entry into an inheritance by one heir does not mean the consent of the other heirs (clause 3 of Article 1153 of the Civil Code of the Russian Federation).

There are two ways to accept an inheritance: actual acceptance and formal (performing the necessary legal actions). Actions that indicate an intention to accept an inheritance are the actual basis for acquiring an inheritance. Art. 1153 of the Civil Code of the Russian Federation refers to such actions:

• Management of the testator's property.
• Providing measures aimed at protecting bequeathed property.
• Maintenance of property, including incurring necessary expenses.
• Payment from the heir's funds of the testator's debts.

However, inheritance on a factual basis is valid until a dispute arises with other claimants to the inheritance. In the latter case, the dispute is resolved by the court.

Performing legally significant actions

To accept the inheritance, the grandson, regardless of the basis for acquiring the inheritance, must submit an application for acceptance of the inheritance to the notary at the last place of residence of the grandmother or grandfather. Moreover, such actions must be performed no later than 6 months from the date of opening of the inheritance (the day of death of the testator (Article 1114 of the Civil Code of the Russian Federation).

If the deadline for acquiring an inheritance is missed, if there are good reasons, it can be restored by a court decision or with the written consent of the remaining heirs (Article 1155 of the Civil Code of the Russian Federation).

The legislation provides for the specifics of accepting inheritance by incapacitated or partially capable citizens (Article 37 and Article 1165 of the Civil Code of the Russian Federation).

If an incapacitated or partially capable grandson is the heir of his grandmother or grandfather :

1. At the age of 14 to 18 years, he accepts the inheritance with the written consent of his parents, adoptive parents or guardians;
2. Until the age of 14 and incapacitated grandchildren, their parents, adoptive parents or guardians accept the inheritance on their behalf;
3. An adult grandson who has been limited in legal capacity accepts the inheritance with the consent of the trustee.

Grandchildren's shares in inheritance

In cases where a will is drawn up in favor of several grandchildren without specifying shares or during inheritance by law, if the property passes to several relatives, the inheritance goes into common joint ownership . According to Art. 253 of the Civil Code of the Russian Federation, the disposal of common joint property is carried out with the consent of all its owners.

The inherited property of a grandson, which is in common ownership with other heirs, can be divided by agreement between them (Article 1165 of the Civil Code of the Russian Federation).

The agreement is concluded in simple written form and must be drawn up within three years from the date of opening of the inheritance (Article 1164 of the Civil Code of the Russian Federation).

The agreement must indicate what property and to what extent passes to each heir. In the absence of agreement, the division of joint property is determined by the court .

In Art. 1168 and art. 1169 of the Civil Code of the Russian Federation, when dividing joint property, for certain categories of heirs, the legislation establishes a preemptive right to receive certain types of property if:

1. the grandson had common ownership of an indivisible thing with his grandmother or grandfather;
2. the grandson constantly used the indivisible thing on the day the inheritance was opened;
3. if the grandson lived together with his grandmother or grandfather, then he has a priority right to household furnishings;
4. the grandson lived together with the testator and does not have his own housing, then he has a priority right to receive shares of this housing.

Heirs of the first stage after the death of a grandmother - how to enter into an inheritance

If the grandmother dies, after her death the heirs of the first priority must contact a notary office to register the inheritance. However, before this, it is advisable to fully study the issue of carrying out the procedure, since it has a number of nuances.

Their consideration will allow the entire event to be carried out quickly, correctly and on time. It is important to note that the notary is not obliged to advise legal successors or look for heirs who are not aware of their rights.

Individuals must themselves take responsibility for the entire process of inheritance.

Who is the direct heir: can a grandson or granddaughter claim the inheritance?

The transfer of inheritance rights is possible in two ways: by law and by will. How to enter into an inheritance after the death of a grandmother without a will? It is necessary to contact a notary and confirm your relationship with the deceased. The notary at the place of opening of the inheritance is obliged to verify the accuracy of all submitted documents.

Direct heirs after the death of a grandmother are her husband, children, and parents. These individuals are the first priority applicants. Representatives of the subsequent queue will receive property only if these persons:

• missing,
• found unworthy
• wrote a waiver of ownership.

Are grandchildren heirs after the death of their grandmother? They will not be considered direct successors. However, the grandchildren of deceased children have the right to inheritance. It is based on the right of representation. Let's consider this order in more detail.

A right of representation is a special transfer of ownership that occurs upon the death of the parents who are the primary beneficiaries. For example, my grandmother died.

Her legal successors are trying to find out whether her grandson has the right to inheritance? The child's only parent died at the same time as the grandmother. In this case, the grandson or granddaughter has the right to the grandmother's inheritance if there is no will.

He receives property by right of representation, that is, from his parents.

Grandchildren are not considered direct heirs after the death of their grandmother.

How can a child enter into an inheritance by right of representation after a deceased parent?

To effect a transfer of ownership by right of representation, the following conditions must be met:

• The parent of the grandson is a natural or adopted child in relation to the deceased;
• The testator was not subject to deprivation of parental rights, or, if subjected to it, was restored to them;
• The grandson's parents died before the deceased or at the same time as her.

Another question that interests many users: can grandchildren claim their grandmother’s inheritance while their parents are alive? No, it's illegal. In the Civil Code, inheritance to this category of persons can pass only through one procedure for obtaining property, described above.

Do grandchildren have the right to inheritance if the children are alive, but they renounced the property or were found unworthy? No, in this case the property will be distributed among the remaining representatives of the first priority. If they are missing, then the second priority gets the rights.

Peculiarities of inheritance under the will of the testator with a living father

Can a grandson claim his grandmother's inheritance while his father is alive if a will is drawn up? This is only possible if the person is indicated in the order.

In such a situation, property will be distributed exclusively according to the provisions of the will. The children of the deceased may not receive the property at all, but the grandchildren will receive it.

There is no other procedure for transferring rights to the children of the testator's children.

A successor under a will should always remember that it is possible to challenge the will. If the order was canceled by a court order, the property will be distributed legally. That is, the grandchildren will not receive it.

A will is revoked on the following grounds:

• Drawing up in an incapacitated state, not understanding the consequences of one’s actions;
• Drawing up orders under threats;
• Serious errors in registration.

All grounds for the invalidity of the will will need to be proven. If the heir under the will has learned that the successors are trying to annul the document, he can also defend his interests by taking part in court hearings. As evidence of your innocence, you can provide testimony and the results of a post-mortem psychiatric examination.

How to register an inheritance after the death of a grandmother?

After the legal successors have figured out who the heir is, they must contact a notary office. They need to be informed about all potential heirs, since searching for heirs is not the responsibility of a notary. The deadline for this is 6 months from the date of initiation of the inheritance case.

The documents to be submitted to the notary will vary slightly depending on the method of receiving the inheritance. There are general documents:

• Passport of the legal successor;
• Death certificate.

When legally transferring rights, proof of family ties will be required. A supporting document can be, for example, a birth certificate.

Documents with the right of representation

If the procedure is carried out on the basis of the right of representation, you must provide evidence:

• relationship between the testator and the deceased parent;
• relationship with the deceased parent.

That is, you need to provide papers that can be used to trace the family connection.

When making a will

A copy of the order must be provided. You can find it by checking the register of wills, or in the personal belongings of the deceased, in the notary office at the place of residence of the testator. This document must be drawn up in several copies, one of which remains in the office.

If the order is not found, it is impossible to confirm its existence. Property is distributed by law on the basis that there is no will.

Can a great-grandmother or great-grandfather inherit property - the seventh stage

There are seven inheritance queues in total. The relatives of the deceased are distributed among them depending on the degree of relationship. For example, the testator’s great-grandparents belong to the fourth stage. They receive property if representatives of previous orders are absent. In this situation, the right of representation will not apply. It is distributed only to the first three stages.

Grandchildren can receive their grandmother's property, but this requires a number of conditions. In particular, this is the death of their parents. If the parents die later than the testator, it will not be possible to claim the inheritance on the basis of the PP.

For additional information on this issue, please refer to the “Order of Inheritance” section here.

Can a granddaughter inherit from her grandmother?

There are heirs by law and there are heirs by will. Inheritance by law occurs when there is no will. If there is a will, then the inheritance takes place strictly according to the will and only those persons indicated in the will enter into the inheritance.

If inheritance occurs according to law, then the order of heirs works. There are heirs of the first stage, second, third, up to the 7th stage.

The heirs of the first stage are the children of the testator, the parents of the testator, and his legal spouse.

Heirs of subsequent queues inherit only if there are no heirs of previous queues. For example, if there is at least 1 heir of the 1st stage, none of the heirs of the 2nd stage has the right to inherit.

Grandchildren cannot inherit by law; they are not among the heirs of the 1st line, nor the 2nd line, or even the 7th line. The granddaughter has the right to inheritance by will, by the right of representation and by the right of hereditary transmission.

Inheritance by granddaughter under a will

As we have discussed, a granddaughter cannot inherit by law, which means that if the grandmother did not leave a will, then the granddaughter cannot be called to inherit. But if the grandmother left a will and indicated her granddaughter in it, then in such a situation the granddaughter has the right to inherit under the will.

Inheritance by granddaughter by right of representation

Based on Article 1146 of the Civil Code of the Russian Federation, if the heir died before the opening of the inheritance or at the same time as the testator, then his share in the inheritance passes by right of representation to his descendants.

Example! After the grandmother, her only son should have inherited by law, but the son died before his mother (grandmother) died, the inheritance that the son should have received passes by right of representation to his daughter.

In such a situation, if the grandmother had an apartment and her son, the only heir, died before the opening of the inheritance or at the same time as the mother (testator-grandmother), and he was supposed to inherit the apartment after the death of the mother, then the descendants of the heir of the deceased enter into the inheritance before the opening of the inheritance or at the same time as the testator , that is, his only daughter.

This is called inheritance by right of representation.

The following situation arises: the testator is the mother of the heir and the grandmother of the heir’s daughter, the heir’s daughter is the granddaughter of the testator (grandmother). It turns out that if the father of a granddaughter dies before the opening of the inheritance or at the same time as the mother (grandmother for his daughter), then the granddaughter has the right to inherit by right of representation and enters into the inheritance.

Just if such a situation arises, then the granddaughter has the right to inheritance here too.

Inheritance by a granddaughter by right of hereditary transmission

Inheritance by right of hereditary transmission is often confused with inheritance by right of representation. But these are different situations, and now I will explain how inheritance occurs by right of hereditary transmission.

• Based on paragraph 1 of Article 1156 of the Civil Code of the Russian Federation, if an heir called to inherit, no matter by will or by law, died after the opening of the inheritance without having time to accept it within the prescribed period, then the inheritance that was due to him by law or by will passes to him heirs by law or by will.
• Here is the situation: the testator died, but in order to accept the inheritance, the heir must submit an application to the notary and only after that he is considered to have accepted the inheritance, but the heir died and did not have time to submit the application, that is, he did not have time to accept the inheritance.
• But the deceased heir has children, a spouse, parents, and they are his heirs.

Example! Let's say a grandmother died, she had a son who did not have time to accept the inheritance, that is, submit an application for acceptance of the inheritance to a notary and died without actually accepting the inheritance.

The son had a wife and children, that is, his actual heirs of the first order, who will inherit after him, just the daughter and wife will inherit the property left after the death of their head of the family, and also have the right to his share in the inheritance of his mother. This is called hereditary transmission.

That is, when an heir dies after the death of the testator and does not have time to accept the inheritance, then his share in the unaccepted inheritance passes to his heirs by law or by will.

But the inheritance that the testator did not have time to accept is divided between his heirs by law, and in our example these are his daughter and wife, which means that the inheritance that the testator did not have time to accept due to death will be divided 50 to 50% between his wife and daughter , since they are heirs of the first line.

Also, the property of their head of the family and the share that he did not manage to inherit after the death of his mother will be divided directly between the wife and daughter.

That is, when inheriting by right of hereditary transmission, the granddaughter will also have the right to inherit from her grandmother if her father does not have time to inherit after the death of his mother and dies before accepting the inheritance.

I hope I explained it clearly!

The difference between hereditary transmission and inheritance by right of representation is that the right of inheritance by hereditary transmission arises if the heir died after the death of the testator, but without having time to accept the inheritance, that is, submit an application to a notary. And inheritance by right of representation arises when the heir died before the opening of the inheritance (before the death of the testator), or simultaneously with the testator (on the same day).

Another important difference is that when inheriting by right of representation, only the descendants of the heir of the deceased can enter into the inheritance before the opening of the inheritance or at the same time as the testator. Descendants include children, that is, the wife in this situation does not have the right to inherit.

1. And when the right of hereditary transmission arises, then only heirs by law enter into the inheritance after the heir who died after the opening of the inheritance but did not have time to accept it, and these are not only descendants, these are also parents, children, and spouses.
2. That is, with hereditary transmission, they inherit only by law, and with inheritance by right of representation, only descendants, that is, children, inherit.
3. But this is a digression, but a very useful one, and I hope I explained everything clearly to you here too.

But most importantly, we figured out in what cases a granddaughter has the right to inherit after her grandmother. As you can see, the situations are not simple and a certain understanding of the law is required, but it is easy, I assure you.

I hope the article was useful to you and I helped you understand the situation to the end. But you can always ask your question on the website. I wish you success!

Inheritance after the death of a grandmother 2023 - without a will, how it is divided, does the grandson have the right, entry, how to register

Grandchildren can inherit after their grandmother in two ways: by will or, in the absence of one, by law. In this article you can learn about all the options and features of receiving an inheritance estate by several grandchildren or one grandson after the death of a grandmother.

Can grandchildren join?

Grandchildren belong to the category of persons who have full authority to accept inheritance after the death of their grandmother.

The Civil Code of the Russian Federation provides that they can be heirs, both by law and by will.

However, according to the law, a grandson and granddaughter will become legal claimants only if their father or mother (grandmother’s child) died before the opening of the inheritance.

Queues

Inheritance after the death of grandparents can be carried out by law (if there is no will for the objects). The Civil Code has seven lines of heirs:

1. The first priority includes the wife or husband, parents, and children of the deceased. Grandchildren can be heirs only if their parents are no longer alive.
2. The second category includes siblings and brothers (or relatives only by mother or father), grandparents of the deceased.
3. The third step is uncles and aunts.
4. The fourth degree includes the great-grandparents of the deceased person.
5. Fifth - great-aunts and grandfathers and first-cousins ​​of the deceased citizen.
6. The sixth category is great-cousins ​​and great-aunts and uncles.
7. The seventh stage includes the stepfather and stepmother, as well as stepsons and stepdaughters.

Let us note that each subsequent line can claim the property of the deceased only if there are no relatives-applicants from the previous line.

For example, if the testator is left with a wife, son and sister, then the sister is not called upon to inherit, since she belongs to the second category, and the son and wife are heirs of the first stage.

By submission

The ability to receive material benefits by right of representation is regulated in Article 1146 of the Civil Code of the Russian Federation.

Grandchildren, as well as their direct descendants, can act as heirs after the death of their grandmother only if their parent is not alive at the time the inheritance is opened.

That is, the grandson/granddaughter is not included in any of the steps of inheritance according to the legal procedure, but can claim their rights as representatives of their deceased parents.

Methods

If a will was not drawn up, the grandson or granddaughter can receive the inheritance according to the law as “representatives”. If, by law, grandchildren are not called upon to receive an inheritance, they can receive property by inheritance only if they were dependents of their grandmother or grandfather. Thus, to recognize a citizen as a dependent, the following conditions must exist:

• he is disabled;
• for a year the grandson was supported (materially) by his grandmother or grandfather.

It does not matter whether the grandson lived with his grandparents or not.

If the grandmother has made a disposition regarding her property, the grandchildren have the right to receive the inheritance under the will. Then the rule about observing the order of inheritance does not apply.

When the law can deprive a right

Grandchildren may be deprived of the authority to receive an inheritance if there is an order, but they are not taken into account in the will, or if the grandson is recognized as an unworthy heir - he committed an illegal act against his grandmother or grandfather during their lifetime.

When receiving property from a grandmother, according to the law, grandchildren cannot be considered heirs if their parents died at the same time as their grandmother (grandfather) and they were found unworthy of the inherited property.

How does inheritance take place after the death of a grandmother under a will?

Grandfathers or grandmothers not only have the right to indicate their grandchildren in the will, but also to determine in what shares and what property will go to whom. After the death of the grandmother, the grandchildren (grandson) must contact a notary.

Refusal and laying on

In addition to transferring property, you can assign certain responsibilities to your grandchildren. For example, perform any actions in favor of other persons who are not included in the circle of heirs. This concept is called testamentary refusal.

For example, a testator may oblige his grandchildren to grant the right to live in an apartment to a certain person.

The obligation to fulfill a testamentary refusal or assignment will arise for the grandchildren only after they accept the inheritance.

Without a will

As already mentioned, grandchildren also have the power to receive the property of their grandparent as a matter of law as the “representative” of their father or mother who has died.

To do this, the same documents are submitted as for inheritance under a will (except for a will), but in addition a death certificate of the parent is also submitted.

Mandatory share

If a grandson inherits as a dependent, then he is entitled to a so-called obligatory share in the inheritance, even if he is not mentioned in the testator’s order and is not called upon to inherit by law.

This share must be at least half the share that would be due to the grandson upon inheritance by law.

Entry procedure

After the death of the grandmother, the grandchildren need to contact the notary at the place of last residence of the deceased. If her last residence address is not known - at the location of the real estate.

Refusal

Grandchildren, if they are indicated in the will or the inheritance is carried out according to law, have the right to both accept and refuse the inheritance assigned to them (in addition to property, debts can also pass to the heirs).

Moreover, you can simply refuse the inheritance or do it in favor of another heir.

Download a sample application for renunciation of inheritance

Download a sample of renunciation of inheritance in favor of another person

Adoption

Acceptance of the estate means that the heirs fully accept both property and debts (if the testator had them). You cannot only accept, for example, an apartment or a car, but refuse credit obligations.

It is also prohibited to make any reservations or set your own conditions when accepting an inheritance.

Methods

To enter into an inheritance, you must submit an application to a notary within 6 months from the date of death of your grandmother or grandfather.

Also in the Civil Code of the Russian Federation there is such a concept as actual entry.

It is considered that the grandson accepted the inheritance if he:

• took control of my grandmother’s property;
• takes measures to preserve property;
• pays off grandmother's debts;
• spent money for the safety of property.

Submitting an application

The notary must submit an application for entry into the inheritance. This document states:

• name of the notary office and document data;
• title: application for inheritance;
• the text of the document itself indicating what property was left after the grandmother;
• date and signature of the applicant.

• Download the claim form for acceptance of inheritance by law
• Download a sample application for acceptance of inheritance under a will
• Download a sample application to establish the fact of acceptance of inheritance

Deadline, missing it

To submit an application, you must do so within 6 months from the date of opening of the inheritance.

If it so happens that the deadline for filing an application has been missed, the grandson/granddaughter who is applying for material benefits can:

• submit an application later than six months if there are citizens who have already accepted some part of the inheritance and have given consent for their grandson to accept the inheritance;
• if other heirs are against the grandson filing an application or there are no other applicants, you can try to restore the deadline through the court.

Download a sample application for restoration of the deadline

What documents are needed

The heirs submit to the notary office:

1. Grandmother's death certificate.
2. The will must be submitted in the original.
3. Certificate from the place of registration of the deceased.
4. Passport of the grandson (grandchildren).
5. Documents confirming relationship.

If the estate includes real estate, title documents must be submitted additionally. And if the property includes a car - a registration certificate and title.

State duty

To receive an inheritance, grandchildren will need to pay 0.6% of the amount of the property. However, in any case, this amount cannot be more than 1 million rubles.

If grandchildren have not reached 18 years of age or are recognized as disabled, they are exempt from paying state duty.

Minor child

If the grandson has not yet reached the age of majority, he still has the right to inheritance. However, in this case, all documents will be drawn up in his name by his parents, who are considered the legal representatives of the child.

Peculiarities

Please note that a child will not need a representative if the child has undergone the emancipation procedure. That is, the following conditions are met:

• he was between 16 and 18 years old;
• he is engaged in business, employed or married.

When a grandson is incapacitated

If a grandson is completely or partially incapacitated, a guardian (for incapacitated) or a trustee (for partially incompetent) will represent his interests when registering an inheritance.

Common joint property

The right to common property arises if the heirs are several grandchildren, and the will does not indicate the shares in which they will receive the inheritance.

In addition, the right to a joint total value arises upon receipt of an inheritance in accordance with the law.

If desired, the grandchildren can draw up an agreement among themselves on the division of the grandmother’s property. This document is drawn up in writing and can be drawn up within three years from the date of opening of the inheritance mass.

Download a sample property division agreement

When there are benefits

On the basis of Articles 1168 and 1169 of the Civil Code of the Russian Federation, the grandson has preferential powers to receive the grandmother’s inheritance if he has used these things (real estate objects) for a long time, had joint ownership with the grandmother of an item that is not subject to division, or permanently lived with the grandmother and does not have his own personal home.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.