How to claim an inheritance without a will?

Opening an inheritance case

According to the rules of the Civil Code of the Russian Federation, inheritance proceedings are opened immediately after the death of a person. This fact must be officially confirmed - a death certificate is issued through the registry office, which the heirs present to the notary. This document can be obtained by any entity who has a family connection with the deceased.

For potential heirs, the algorithm of actions is as follows:

1. Having received a death certificate from a medical institution, relatives can go to the registry office to issue a certificate (for this, a document confirming the relationship with the deceased is presented);
2. if a testamentary form is discovered after death, it is presented to the notary’s office along with the certificate (the existence of a will may become known after contacting the notary);
3. Based on the submitted certificate, an inheritance case is opened, after which interested parties can declare their rights.

If you do not have a death certificate on hand, you also need to fill out an application to participate in the inheritance case. In this case, the document will be requested by a notary or presented by other heirs.

The notary is not obliged to notify potential heirs about the opening of a case. All applications received within a six-month period will be considered on an equal basis; the law does not provide priority for earlier applications.

After 6 months, the notary is obliged to complete the inheritance procedure in one of the following ways:

• if there is a will, citizens and legal entities indicated in the text of the testamentary form will be able to receive the assets of the deceased;
• certain categories of relatives not specified in the will will be able to claim a mandatory share;
• if there is no testamentary form or provides for the distribution of only certain types of property, inheritance occurs according to the law - only relatives included in one of the queues can claim the inheritance.

Let's consider how you can claim inheritance rights by will or by law, and what documents will be required for this.

By will

Drawing up a will is a legal way to distribute property assets among heirs while the owner is alive. This document must be executed only with a notarization, and a copy of the will must be transferred for storage not only to the testator, but also to the notary. The notary makes an entry in the federal register about the fact of certification of the will - this will allow you to find out about the existence of the document even when applying in another city.

Here are the nuances taken into account when submitting documents for inheritance under a will:

1. Legislative acts guarantee the secrecy of the testamentary form, i.e. potential heirs will be able to find out about its contents only after the death of the owner;
2. Only citizens or organizations directly indicated in the text of the document can claim inheritance rights under a will;
3. the will specifies the items, things and objects to be distributed between the claimants - if any assets that belonged to the deceased were not listed in the testamentary form, they will be divided between the heirs according to the law.

Relatives not included in the contents of the testamentary form may also assert their rights. This is necessary to obtain property not included in the will, as well as to exercise the right to an obligatory share.

The right to a compulsory share is given to disabled persons who were dependent on the deceased - minors or disabled children, disabled parents and the spouse of the testator.

In order to receive the obligatory share, these citizens must submit a corresponding application to the notary, since automatic distribution of assets and valuables is not provided for in this case.

Confirmation of rights in the presence of a testamentary form occurs according to general rules - the potential heir is obliged to indicate consent to accept the values.

Such confirmation is necessary because at the same time as the inherited estate, part of the debt obligations of the deceased also passes.

For this reason, the heir may refuse the inheritance if the value of the assets received is significantly lower than the amount of the testator's debts.

Documentation

When confirming the rights to inheritance under a will, the following forms and forms are presented to the notary:

• application for acceptance of inheritance, registered by a citizen or representative of a legal entity;
• death certificate (if the application is not submitted by a relative of the deceased, he may indicate in the application that it is not possible to obtain a certificate from the registry office);
• general civil passport of a citizen or documents of a legal entity;
• testamentary form, if it was found at the place of residence of the deceased;
• title documents for property assets, bank account statements (if the potential heir does not have access to these documents, a notary will request them).

Download an application for acceptance of inheritance under a will (sample)

When claiming rights under a will, it is not necessary to confirm a relationship with the deceased, except in cases of receiving a compulsory share.

The notary is required to register each application received. If the application is received after 6 months, the notary refuses to issue a certificate.

In such circumstances, it is possible to restore inheritance rights only through the court; for this, a statement is submitted stating that the reasons for missing the specified period are valid.

If within 6 months not a single person indicated in the testamentary form has expressed consent to receive the valuables, they will be transferred according to the law.

In law

Only relatives of the deceased can claim an inheritance without a will. For this reason, the notary needs to confirm the existence of family ties. An application for rights to inheritance according to the law is presented according to the following rules:

1. submission of documents also occurs within 6 months;
2. You can apply not only to a notary at the place of residence of the deceased, but also to a notary office in another city (the accepted application will be sent to the notary who is handling the inheritance case);
3. when inheriting by law, the obligatory share is not allocated, and the transfer of property assets between potential heirs occurs according to the principles of priority.

The Civil Code of the Russian Federation provides for the distribution of all relatives of the deceased person in order. Priority in the transfer of property will be given to the first priority, which includes the children, parents and spouse of the deceased.

The specified persons included in one queue will have equal rights to property among themselves, i.e. it will be divided in equal proportions among all citizens who have declared their rights.

The law also allows heirs to change the size of shares in the received property - an agreement is drawn up for this.

If all relatives of the first priority refuse to receive the property, the right to inheritance will arise for the heirs of the second order, etc. If, as a result of the inheritance case, there is not a single person willing to accept the inheritance, all property will be transferred to municipal ownership.

Documentation

As part of an inheritance case opened by law, citizens must submit the following forms:

• statement of rights to inheritance, in which you must indicate consent to accept the property of the deceased;
• identification documents of potential heirs - passport, birth certificate;
• certificates and forms confirming family ties - birth and marriage certificates, court decision recognizing paternity or adoption, etc.;
• death certificate or its duplicate (if the original documents were previously received by other persons);
• title documents for movable and immovable assets, bank account statements.

If a citizen submitted an application within a six-month period, but did not prove the existence of family ties, he will not receive a certificate of inheritance. If you miss 6 months for filing an application, you can go to court to restore the deadline, and you need to prove that the reasons for such a late application are valid.

A problem may arise with obtaining title documents. If real estate is inherited, any interested person can request an extract from the Unified State Register of Real Estate - to do this, a request is made through the MFC or the Rosreestr service.

When inheriting a vehicle, only a notary can request documents through the traffic police (if the heirs did not find the vehicle registration certificate after the death of a relative).

Statements of accounts and deposits are also requested from notaries, since this information is protected by bank secrecy.

How to claim an inheritance: necessary documents

Reading time: 4 minutes

Everyone has encountered a situation where, after the death of a person, the property he acquired becomes the property of relatives by right of inheritance. There is no point in postponing the acceptance of an inheritance, because the law sets a deadline for filing a corresponding application.

The answer to the question of how to declare the right to inheritance is contained in the civil legislation of the Russian Federation.

Obtaining inheritance rights without a will

According to the law, the inheritance process can occur in two directions: by will and by law. Both methods are based on chap. 63 of the Civil Code of the Russian Federation.

Information on how to claim an inheritance without a will, and the order of priority are also set out in this document.

The main contenders for accepting the inheritance are the heirs of the first stage. If there are none, heirs of the second, third and subsequent stages are involved.

If the applicant called to inherit died before the opening of the inheritance, the property is inherited by his first-degree heirs by right of representation.

In addition to relatives who are called upon to inherit, successors can be citizens who were dependent on the deceased for a year. Let's take a closer look at the order of inheritance.

Order of heirs

Information about the differences in inheritance queues is contained in Chapter. 63 Civil Code of the Russian Federation:

1. The first priority includes the children, spouse and parents of the testator.
2. Successors of the second stage are siblings and half-siblings, grandparents on both sides.
3. The third priority is the aunts and uncles of the testator.

The rights of the heirs of the subsequent - fourth, fifth, sixth and seventh orders are considered in the absence of heirs of the previous orders.

In accordance with paragraph 3 of Art. 1148 of the Civil Code of the Russian Federation, another eighth stage is provided, including disabled dependents.

For a detailed understanding of the issue, you should familiarize yourself with the material “Order of Inheritance.”

What is a mandatory share

• An obligatory share in an inheritance by law is a part of the inherited property that, by law, passes to certain citizens.
• The size of the obligatory share in the inheritance can be changed or, conversely, canceled completely.
• When determining the right to a mandatory share, many events and facts are taken into account.
• To determine the size of the inheritance and obtain more detailed information, you need to read the article “Mandatory share by law.”

Where to go to register an inheritance

To obtain inheritance rights, you should contact the notary organization at the place where the inheritance was opened.

The law also provides for the possibility of contacting officials authorized by law to perform notarial acts - consuls or heads of municipalities.

How is the place of opening of inheritance determined?

An important step in the inheritance process is determining where it will open. This is the last place of residence of the testator (Article 1115 of the Civil Code of the Russian Federation).

1. If the testator lived abroad, then the place of opening is specified based on international treaties to which the Russian Federation and the state of residence are parties.
2. In the event that the place of opening of the inheritance is unknown or the inherited property is located in different places, you should contact the notary authorities of the region where the most valuable part of the inheritance is located.
3. More details in the article “Place of opening of inheritance”.

Documents for registration

The answer to the question of what documents are needed to enter into the right to inheritance is contained in the Civil Code of the Russian Federation. The list of required documents includes:

• applicant's passport,
• original death certificate of a relative,
• original documents confirming the presence of a family relationship with the testator: marriage certificate and/or birth certificate.

The notary office has the right to request additional evidence, so it is possible to decide what documents are needed to formalize the right to inheritance, in addition to the mandatory ones, only based on the specific situation.

The application for the right to inheritance is the initial stage of the process.

The period for accepting an inheritance is strictly defined - 6 months.

Upon expiration of the established period, the authorized person will issue a certificate of the right to inheritance, with which property and other inherited objects can be registered.

Receiving the testator's property after this period is possible, but requires additional costs and effort.

If there are no documents for the property

Very often there are situations when there is an inheritance, but the documents for it are not properly drawn up. This may happen due to the fact that the testator did not have time or did not intend to document the property during his lifetime.

In such cases, the notary cannot include it in the estate, and the heirs do not know what to do. But don't give up.

To solve this problem, you can file a claim in court to recognize the ownership rights of a deceased relative. In this case, it is necessary to have a written refusal from a notary to contribute property to the inheritance.

Also, the court must provide documents or witness testimony that the property was the property of the deceased. And already on the basis of a positive decision of the court, the notary can include property without documents in the inheritance mass.

Further inheritance occurs on a general basis. If necessary, you can learn more about recognition of property rights by inheritance.

At what point can you claim your right to inheritance?

In accordance with the law, the inheritance is considered open from the date of death of the testator. It is also necessary to remember the timing of inheritance. As stated above, Russian legislation defines a clear period, and it is 6 months, during which it is possible to contact a notary and enter into inheritance.

But there are certain circumstances under which the period may be reduced. You can learn more about this in the article “Term of entry into inheritance.”

Possibility of receiving an inheritance in another city

Situations are quite common when the testator lives in another city. It is possible to receive an inheritance while in a completely different place, but the process requires additional effort.

In such circumstances, the heir has the right to mail the application to a notary organization; the second way is to use a notarized power of attorney.

For more detailed information, we recommend that you read the material “Entering an inheritance in another city.”

Obtaining a certificate

Registration of entry into inheritance ends with the issuance of a certificate of the right to inheritance, certified by a notary or other authorized person. An uncertified certificate is considered invalid.

The document is issued specifically for the property existing at the time of opening the inheritance case. For more detailed information about the process of obtaining a document, we recommend the article “Certificate of Inheritance”.

Rules for entering into inheritance: Video

Notary advice: how to claim the right to inheritance

People who have close relatives need to know how to claim an inheritance after their death. According to current legislation, the property of the deceased goes to his relatives or persons specified in the will.

The procedure for transfer of property is regulated by the Civil Code of the Russian Federation.

To obtain rights to inheritance, it is necessary to perform a number of procedures, the first of which is to write a statement expressing the desire or refusal to claim movable and immovable property left after the death of the testator.

Where to go

The application for the right to inheritance is the document on the basis of which the case is opened. The death certificate of the owner must be attached to the document.

This may be a certificate issued by the registry office, a municipal body, or a court order. Production opens at the address where the most expensive property is located.

If there is none, then the reference point is the last place of residence and registration of the deceased. It will be considered the place where the inheritance is opened.

First of all, it is necessary to find out whether the relative left a directive in case of death. You can do this in several ways:

• in the unified electronic register, enter the surname of the deceased in the search bar;
• contact a notary at the place of last registration of the deceased;
• submit a request to the city or regional legal chamber.

Regardless of the presence of a will, you should urgently contact a notary office serving the locality or area in which the deceased lived. The application contains the following information:

1. In whose name it is submitted, indicating the city and office number.
2. From whom (last name, first name, patronymic, year of birth, place of residence).
3. Degree of relationship with the deceased.
4. The desire to receive property or the refusal of it. In case of refusal, it is indicated in whose favor it is made.
5. Listing of values ​​(if such information is available).
6. Last name, signature, date.

The notary should check the authenticity of the documents presented and the absence of errors and inaccuracies in the application. The paper is registered and its number is entered into the electronic database. After this, the procedure for accepting an inheritance is considered open.

If it is not possible to submit an application in person, it is certified and sent by letter or by an authorized representative. The right to certify documents is granted to heads of religious, educational and medical institutions, heads of correctional institutions and military units, consuls and captains of sea vessels.

Inheritance by law

For a number of reasons, a person does not always have time to draw up an administrative document before death. In such cases, the relatives of the deceased are summoned and the right of inheritance by law comes into force.

The Civil Code indicates their order according to the degree of relationship with the deceased. First of all, the closest people are included - spouse, children and parents.

After them come brothers and sisters, then grandchildren and grandfathers, then cousins ​​and second cousins. There are 8 queues in total.

Notification is carried out one by one until one of the categories is found. The notary in charge of the case tells these individuals how to claim rights to an inheritance without a will.

Applications must be accompanied by a set of documents confirming relationship with the deceased.

After acceptance and registration of the papers, the property is distributed, of which each heir is allocated an equal share.

Inheritance by will

This paper is a posthumous will, which is mandatory for execution. Before claiming an inheritance, you should familiarize yourself with the will drawn up during the lifetime of the owner of the property.

If the document is drawn up correctly and without errors, then the people indicated in it are involved. Valuables are divided between them in accordance with the instructions of the deceased.

If the shares are not indicated, then the property is divided into equal parts.

Regardless of how correctly and competently the will is drawn up, the following categories of citizens have the right to the deceased’s valuables in the amount of ½ of the total mass:

• disabled parents;
• incapacitated dependents;
• minor children.

New circumstances may also affect the size of shares.

If the testator's wife is pregnant, the consideration of the case is postponed until the birth of the child and his recognition as alive.

A newly born citizen receives the right to his share after presenting a birth certificate.

Another factor may be the appearance of a new applicant who is late with the application deadline for valid reasons. The case is suspended and resumed after the court's decision.

What documents will be required

Taking ownership of the property of the deceased is preceded by the process of collecting various certificates, extracts and certificates. At the notary's office, the heirs are given the following list of documents that must be submitted by the deadline:

• identification document (passport, identity card, biometric identification card);
• death certificate of the testator;
• certificates, extracts and other papers confirming relationship with the deceased;
• order, contract of rent, purchase and sale, donation of real estate;
• extracts or photocopies of the registration form for the discharge of the deceased and the persons registered with them;
• will (if any);
• statement of property value assessment (conducted by licensed firms);
• savings books for bank deposits;
• plastic payment cards;
• receipt for payment of state duty.

• All documents indicated in this list must be certified by the signatures and seals of officials, clearly readable, without corrections or blots.
• When considering claims in court to declare a will invalid or controversial, to extend the deadline for filing an application for good reason, and other claims, the original decisions are submitted to the notary.

How much time is given to claim rights?

In order to claim your rights to property, the law allows 6 months after the death of the testator. The period for entering into inheritance can be extended to 3 years if a court decision is made to suspend the proceedings.

Within 6 months after the death of the owner of the valuables, his legal successors need to find all the movable and immovable assets of the deceased, establish their value, organize security, and collect the documents specified by the lawyer. They are registered as they are received and subsequently included in the inventory of the inheritance file.

If you are late in filing an application and have your rights restored through the court, the applicant is given 3 months to contact a notary. After the specified period, documents are not accepted, and rights to inheritance are lost forever.

How to claim an inheritance?

The article describes the best way to consider how to claim an inheritance and what are the features of this procedure. After a person dies, all his heirs have the right to dispose of property or other valuables.

How is inheritance proceedings opened?

As soon as a person has died, then immediately, according to the rules of the Civil Code, inheritance records should be opened. The registry office issues a death certificate, after which the heirs must submit it to the notary's office. This will allow the fact of death to be officially confirmed.

Any relative of the deceased can receive the document. If you are a potential heir, then the algorithm of your actions will look like this:

1. When you receive a death certificate, you need to come to the registry office in order to receive the certificate. To do this, it is better to take a document that will confirm the relationship with the deceased.
2. If a will is discovered after death, it is presented to the notary along with the certificate.

   But, if you have not found such a form, then you can find out about it immediately from a notary.

3. Based on the submitted documents, paperwork is opened, after which all interested parties can declare the possibility of disposing of property or valuables. If you do not have a death certificate, then you can do without it.

   To do this, an application is drawn up, and after that the document is provided by other relatives or a notary.

Under no circumstances is the notary obliged to notify the heirs that the case has been opened. Only applications received within six months will be considered.

They all have equal grounds, and no one simply has priority for earlier consideration.

After 6 months have elapsed, the notary will have to complete the work he started.

There are several ways here:

1. If there is a will drawn up and approved, then citizens who are indicated in the official document can receive all the due values ​​and property.

2. But if relatives are not indicated in the testamentary form, then they can claim a separate share, which is mandatory.
3. If there is no will, then the property is distributed according to the law.

   Only those relatives who are included in the first place can apply.

How is a will case handled?

When a person comes to make a will for his assets, then this is a legal method to determine the property after death for a particular person.

In this case, there are two forms, one of which is transferred to the notary’s office, and the other remains in the person’s hands.

In addition, if a written copy is lost or you are in another city without a will, then the notary has the opportunity to find out about the existence of such a document using the electronic database.

When applying for an inheritance, it is necessary to take into account some significant nuances:

• According to legislative standards, today there is such a thing as the secrecy of a will. You can only find out about the contents after the person dies. This action can only be performed by potential heirs.
• Only those citizens indicated in the document can declare their rights. The rest have no legal connection to this.
• The will may indicate property assets, values, items, objects. If any of them were not listed there, then they will be distributed among all heirs according to legislative acts.

Those persons who are relatives and are not included in the contents of the will can be reminded of their rights.

This will help highlight not only the obligatory share, but also the property that was not listed on the form.

IMPORTANT !!! Absolutely not everyone has rights to an obligatory share. This primarily includes disabled persons who were dependent on the deceased person.

Under no circumstances will anything be awarded automatically.

In addition, they can receive an inheritance by law, even if a mandatory share has already been allocated for them. It is necessary to confirm the right to inheritance even if there is a will.

The heir must confirm that he accepts the values. This is necessary when not only valuables are transferred, but also debt obligations. This happens if there are receipts from the debtor.

That is why potential heirs may refuse. This is provided for by law.

What documents are required?

When you decide to confirm your right to inheritance under a will, you need to stock up on some documents.

This may include the following:

1. A statement that you are ready to accept the inheritance.
2. A death certificate or a statement that you are unable to obtain such a document.
3. Citizen's passport or documents for a legal entity.
4. Will form, if available.

5. Documents for receiving property, as well as statements from various bank accounts.

If this is not the case, then there is no need to worry. A notary can independently request them from organizations. There is no need to declare your relationship with the deceased.

The only exceptions are those cases when a mandatory share is allocated.

The notary must register each application. If it is received after 6 months, then the certificate will not be issued. If there is no death certificate, then the person simply receives a refusal.

In such cases, restoration usually occurs only through a judicial authority. But here a compelling and valid reason must be provided that the person missed the specified deadline.

If the persons indicated in the will have not expressed their consent to receive the valuables within 6 months, then everything will be transferred according to the law in the future.

How to carry out the procedure according to legislative acts?

If the deceased did not take care to draw up a will, then all property will be inherited only by law. In this case, relatives can claim it. That is why it is necessary to confirm all your family ties with the deceased person.

An application can only be submitted according to certain rules:

• Documents must be submitted within the same deadline within 6 months.
• You can apply either at the place of residence of the deceased or in any other city. But the application will be sent to the notary’s office of the place where the proceedings are being conducted.
• According to the law, the obligatory share is not allocated in any case. Property is transferred only to potential heirs, using the principle of priority.

In the civil code of our country, the transfer of inheritance by law is assumed only taking into account the order of priority.

Priority will always be given to the first stage, which will include children or parents, as well as spouses. All these persons will have absolutely equal rights, which will allow all assets to be divided in equal shares.

But, they will be shared only among those who have declared their rights.

You can also change your shares by drawing up an additional agreement. But the easiest way to find out about this is from a notary. This procedure is quite rare for our country. In any case, one of the relatives may refuse to enter into their legal rights. In this case, all property is distributed among the remaining people in equal proportions.

IMPORTANT !!! If suddenly a situation arises when relatives of the first stage completely abandon the inherited assets, then the distribution goes among the heirs of the second stage. If they refused, then everything goes to the third stage and so on.

When, as a result of the inheritance proceedings, there is no one willing to claim their rights, then all the property is transferred to municipal ownership. This most often happens when a person has a lot of debts and relatives inherit not only property, but also the obligation to repay debt obligations.

In any case, everyone chooses for themselves what they really want. According to legal regulations, the procedure is much simpler, because there are no pitfalls.

Documents for the procedure

When inheritance records are opened according to legislative norms, citizens must present a certain list of documents.

These include:

1. An application that you are claiming an inheritance. At the same time, you must indicate your consent to the disposal of the property.
2. Documents that will confirm your identity. This includes a passport and birth certificate.

3. If you are not a parent or a child, then in this case you need to submit all certificates that will confirm family ties.
4. Evidence that a person has died. If such a document has already been received by another relative and you do not have the opportunity to receive it, then you need to provide a duplicate of it.

5. Documents for all property, as well as bank statements. But they may not exist.

IMPORTANT !!! When a person was able to submit all the necessary documents within 6 months, but did not prove that he is a relative, then in no case will he receive a certificate of inheritance.

And if a citizen misses the six-month deadline to submit an application, then he can contact the judicial authority. There the term will be reinstated, but the reasons must only be valid.

Problems may also arise when you receive title documents. When the inherited asset includes real estate, you need to request an extract through the Unified State Register of Real Estate. But absolutely any interested person can do this.

If a vehicle is inherited, only a notary requests documents through a special service.

As you can see, the procedure for claiming rights to inherited assets is quite simple. Here you just need to decide whether there is a will or not. Then you can use the help of a consultant and contact a notary office.

All these actions will allow you to complete this stage quickly and without any problems. Even if you are intestate in another country, this is not a reason to give up.

In any case, you will be able to enter into an inheritance, adhering to the regulations.

How to claim inheritance rights if there is no will?

Many people have relatives, after whose death they will be left with a house, apartment, car and other property they acquired. This means that there is a possibility of receiving it all in the form of an inheritance. Therefore, issues related to the registration of inherited property have always been and remain relevant.

We will tell you how to claim an inheritance if the owner did not take care of the will during his lifetime.

Receiving an inheritance - by will or by law?

First of all, let's figure out how to enter into inheritance rights.

So, an inheritance can be received in two ways:

• according to the will of the testator - on the basis of a will signed by the owner and notarized;
• according to the rules of priority - that is, inheritance by law (if a testamentary document was not drawn up).

In the latter case, the process of re-registration of inheritance will not have significant differences. However, there are still some peculiarities.

By will

If a will exists, the person named in it is the unconditional heir to the property. With the condition that the owner mentioned only one legal successor in the document. If other probable claimants are indicated, the share of each will depend on the will of the testator.

If the testator has indicated which successor is entitled to what share (or inherited object), the division will occur in the specified order. If the document identifies only future claimants (without dividing the estate into parts), then, according to generally accepted rules, each person mentioned receives an equal part of the property.

A will has significant pitfalls. The successor should take into account that other relatives can also lay claim to the inheritance - even against the will of the testator, who has forgotten about them.

Thus, the right to an obligatory share of property has...

• disabled surviving spouse of the testator;
• disabled mother and father;
• a child under the age of majority;
• an adult disabled child;
• other incapacitated dependents or persons whose legal capacity is limited.

The heirs mentioned above will not need to defend their rights in court, even if they are excluded from the list of applicants. The legislator has provided for them the possibility of receiving a mandatory share of property. The owner’s testamentary will can also be appealed by another relative who has been deprived of attention - inheritance rights will need to be defended in court.

A potential beneficiary named in a will should ensure that the document is properly executed and complies with legal requirements. And he himself is a worthy contender.

Note! The will will acquire legal significance only after the death of the owner. Until this point, the document can be canceled and a new one issued. There is no need to notify the persons specified in the original will about this.

In law

If the owner has not formalized his will in the will, inheritance is carried out according to the rules defined by law.

Who can receive an inheritance without a will?

The law clearly stipulates when and who can receive a share of the inherited property if there is no will.

The legal inheritance procedure is based on the principle of priority. In other words, all close (and not so close) relatives and persons who are applicants are divided into eight queues. The order will depend on the closeness of the relationship.

The first priority is the testator’s immediate family – his surviving spouse, children, parents. Secondly, sisters and brothers and grandparents inherit. The third group includes aunts and uncles and so on.

You can read more about the order of heirs in the article “Who has the right to inheritance by law?”

Do you belong to the second or subsequent groups? The notary will call you for the inheritance if all the applicants are from higher groups...

• absent;
• voluntarily formalized a renunciation of inheritance;
• did not submit an application within the established time frame;
• were deprived of inheritance rights (the court found them unworthy successors).

This is how the queuing principle works. First of all, relatives of the first group will be called to inheritance. If there are none, or they have filed a refusal application (they do not want to receive inherited property), relatives belonging to the second group (brother-sister, grandparents) become applicants. And further down the list.

The legal successor who has claimed the rights is obliged to provide documents certifying the degree of relationship with the owner or being supported by him. When the relationship is confirmed, the main question will be resolved - which line of applicants the applicant belongs to and whether he can apply for a share.

It must be remembered that not only inherited objects (real estate, land, cars, cash, etc.) are subject to division, but also debts (material and monetary - mortgage, credit, utility debt, and so on). Inherited debts will be divided among legal successors and subsequently collected from them.

Documents confirming inheritance rights

Of course, a person “from the street” will not come to a notary and declare his inheritance rights. You need to submit a whole package of documents to the notary office that confirm these same rights.

The list is quite long. The necessary documents are divided into two groups – basic and additional.

Basic documents

It doesn’t matter what objects are inherited and how the applicant receives the property (by law or by will), in addition to the application, the notary must submit...

• passport;
• death certificate of the owner;
• documents confirming relationship (certificates of birth, marriage or divorce, extract from the register, court decision, etc.);
• documents that confirm the place of opening of the hereditary procedure:
• certificates from the management organization, a copy of the house register (registration of the owner);
• information from the territorial office of the Migration Service (about deregistration of the testator).

Additional documents

Each probate case will require additional documents. Their availability depends on the number of legal successors, the type of hereditary objects and other nuances.

For example, if an applicant for an inheritance cannot personally contact a notary and fill out an application (due to illness, remoteness of place of residence, employment), this is done by representatives.

To confirm your authority, you must provide a power of attorney.

The document gives the right to take part in the inheritance case, make requests and represent the interests of the successor in government agencies - Rosreestr, MBTI, appraisal organization, banks, registry offices, housing offices, traffic police and so on.

If the successor does not want to accept the inheritance, a properly executed “refusal” statement must be attached to the file.

If the applicant is exempt from paying state duty, you must submit a document giving this right:

• medical examination report confirming disability;
• certificate of registration and family composition (indicates the number of residents and period of residence);
• a court decision on the basis of which the applicant is declared legally incompetent;
• child's birth certificate.

Many heirs are interested in the question: if any document is missing, can they contact a notary or the application will not be accepted?

Even if not all documents have been collected, you should contact the notary’s office as soon as possible.

• Firstly, by postponing the visit, you may ultimately miss the deadline set for registering the inheritance - and lose the property you are owed.
• Secondly, each inheritance case is individual. Therefore, separate documents, which the heir will spend a lot of time collecting, may not be needed.
• Thirdly, in the absence of a certificate or extract, the notary cannot refuse to accept and register the application.

The collection of documents is simplified if the applicant contacts the office and declares his right immediately after the opening of the procedure. There is no need to try to collect all documents without exception. The main thing is to fill out the application, and the remaining papers can be provided later.

Some successors believe that the period for accepting an inheritance is unlimited. The opinion is wrong. The law established a limit of six months. And time begins to count after the opening of the hereditary procedure. If the testator is declared dead in absentia - from the moment the court decision enters into force.

The missed deadline is restored only in court. Difficulties often arise with this - the applicant not only needs to formalize and file a claim, but also prove to the judge that a good reason served as an obstacle to timely contacting a notary.

Where to go?

The application is submitted to the notary located at the place where the inheritance procedure was opened.

If the owner made a will during his lifetime, the application is reviewed by a notary who certified and kept the document. As a rule, a will is drawn up in an office that is geographically related to the place of residence of the owner.

Where should relatives go if they do not know where the deceased recently lived? In this case, the documents are submitted to the notary at the place of registration of significant hereditary objects (real estate, land, etc.) or at their location.

Acceptance of inheritance by law - algorithm of actions

To accept the inheritance, the legal claimant must...

1. determine whether the owner has not made a will. If a document is drawn up in violation of the law, you need to go to court and demand that it be declared void (you will read more about this in the article “Is it possible to refute a will?”);
2. decide on the order of successors (if the heir is a dependent, the order is not important, since inheritance rights will arise in any case);
3. visit a notary and draw up an application;
4. collect and provide the package of documents listed above;
5. pay the mandatory state duty (read more about this “How much do you need to pay when entering into an inheritance?”);
6. obtain a Certificate of Inheritance Rights;
7. send documents to Rosreestr or other registration institutions - to re-register rights to property;
8. receive a Certificate.

We talked in more detail about who has the legal right to inheritance in this article.

How to claim the right to inherit without a will, according to the law

After the death of a person, spouses and relatives can claim his property in the order of priority determined by law. To receive property, you must enter into inheritance rights. This procedure is also regulated by law and requires a certain list of documents and deadlines.

Before you “throw yourself into the whirlpool” of hereditary vicissitudes, you need to study all the nuances of taking over your rights. Precaution will help you do everything right and not lose property. How to claim an inheritance? The procedure will require knowledge about deadlines, documents and other nuances.

Who has the right to claim the right to inherit by law and without a will?

Every person has the right to draw up a will, which is a documentary expression of the will of the disposal of property after death.

You can indicate any person in the document, not just close relatives. However, people do not always make a will.

If the search for a will does not produce any results, you will have to enter into the inheritance legally. It involves following the principle of priority.

Relatives of the deceased are divided into seven stages. Entry into one queue or another depends on the closeness of family relationships:

1. Spouses, parents;
2. Sisters and brothers, grandparents;
3. Aunts and uncles.

People in the first line can claim their rights first. Persons from the second stage can make claims to the property only if persons from the first stage are absent.

Heirs can relinquish property (voluntarily or forcibly).

Who should I contact?

How to claim an inheritance without a will? This procedure is carried out by notaries. You need to contact a notary office located at the place of residence of the testator or at the location of the property. If there is a lot of property, you need to go to the address where the largest property is located.

Declaring inheritance rights requires the following documents, which must be submitted to the notary's office. The list of papers is quite large.

In addition, in the presence of certain circumstances, additional documents may be required, the need for which will be indicated by the notary.

List of documents and application submission

Let's consider a basic list of documents that will be required to be presented at a notary office:

• Passport;
• Death certificate of the testator;
• Papers indicating a close family relationship with the testator;
• Marriage certificate if spouses claim the property;
• Certificate of the last place of residence of the deceased;
• Certificate of the testator's ownership of the property, which is distributed among the heirs;
• Appraisal and technical documentation for property.

Persons who were dependent on the testator can claim the inheritance. But to receive the property, they must provide evidence that they were dependents.

An important piece of paper is an application for the right to inheritance. You can submit it in the following ways:

• Contacting a notary office;
• Sending by mail (the signature on the application, in this case, must be certified by a notary);
• Provision by a proxy (the person is required to provide a power of attorney certified by a notary).

An application for the right to inheritance according to the law is drawn up according to the established template provided at notary offices.

Deadlines

Property rights can be presented within six months. It is expected that during this period the heirs will provide the notary office with an application and the main package of documents. All other formalities can be settled even after six months have passed.

The deadlines are counted from the date of death of the testator. If they are missed, the heirs risk losing their rights to the property. They can only be restored through legal proceedings. The heirs will have to prove that the reasons why the deadlines were missed were valid.

The deadline for claiming inheritance rights is counted from the date of death of the testator.

After contacting a notary

After the heirs contact the office and present all the necessary documents, the notary issues a certificate confirming the rights of inheritance. Usually it is issued only after all formalities have been completed. The process may take more than 6 months, but this will not mean a missed deadline.

Heirs need to keep in mind that this certificate, in its legal force, is not similar to a certificate of ownership. In order to become the full owner of property, it is necessary to register this right by contacting the relevant authorities. If it’s an apartment, you’ll have to go to Rosreestr, if it’s a car, you’ll have to go to the traffic police.

Despite its apparent simplicity, entering into the inheritance of minor children is often associated with some difficulties. The information in our article will help you avoid problems. Find out whether you can write a will for a minor child here. The contents of the document will have some features due to the age of the heir.

Step-by-step instruction

How to claim rights to an inheritance without a will? The following instructions will help you with this:

1. Confirmation that the deceased did not draw up a will;
2. Determining which line of inheritance a person belongs to;
3. Contacting a notary office;
4. Submitting an application and the required package of documents;
5. Payment of state duty;
6. Obtaining a document on the right to inheritance;
7. Contacting the registration authorities to obtain property rights;
8. Obtaining a certificate of ownership.

Property rights can be presented within six months.

This is a standard procedure and is suitable in most cases. However, the heir may need to perform additional actions.

For example, a notary may require additional documents. This is relevant for those cases when persons who lived as dependents of the testator claim the inheritance.

They will have to provide proof that they were a dependent.

Watch a useful interview with a notary about the rules for accepting an inheritance in this video:

The procedure will be even more complicated if the deadlines for entering into inheritance have been missed. Individuals will need to file a lawsuit in order to have their rights restored. This is a lengthy procedure that requires documents confirming the presence of valid reasons and participation in court hearings.

For additional information on this issue, please refer to the section “Entering an inheritance” by following the link.