Opening of the inheritance: time and place of discovery of the inheritance

There are several fundamental concepts that determine the course of the inheritance process in the first place, including the place and time when the inheritance is discovered, and inheritance is not carried out without certain grounds.

Place of discovery of the inheritance

The place where the inheritance is opened may be recognized depending on the case:

• The place where the heir lived the last time of his life;
• The place in which the estate is located if it belongs to the real estate, especially if the place of permanent residence of the heir is not reliably established or is located outside the country;
• The location of the majority of the inheritance, if it is "disposal"; most of it means the most valuable part of the inheritance.

In the event of a disputed situation in connection with the determination of the place where the inheritance is to be opened, it shall be determined by the court.

The length of the inheritance depends on the place where the inheritance is discovered:

• It is the notary who works at the place where the inheritance is discovered who, when the heirs apply, opens and directs the inheritance;
• The place where the inheritance is discovered determines which country will be governed by the law of each participant in the inheritance process;
• The need for and application of protection and preservation measures for future owners.

Hence, the location of the inheritance is considered to be quite different in nature and location, depending on the specific characteristics of the case.

What is the time of the discovery of the inheritance?

According to the provision of the Civil Code in force to date, the time of the discovery of the inheritance is the day on which the death of the heir has occurred.

• The date indicated in the proof of death - certificate of death of the heir;
• The date adopted on the date of the death of the heir and set out in the decision of the court.

If the staff of the civil registry, who are involved in the processing of certain documents for any justified reason, refuse or cannot issue the certificate, the persons concerned shall have the right to apply to the court to determine whether the death occurred.

The exact time of death is of no legal significance in this case.

However, it is from the day the heir dies that the principal period — six months — begins to count for the inheritance.

Persons who die on the same day, but at different hours, are considered to have died on a one-time basis, which is important for determining the succession according to the right of representation.

The opening time of the inheritance is decisive:

• The notary is not entitled to disclose any data on the content of the will before that time;
• A will may not be challenged before its opening.

Grounds of succession

The first and most important cause of succession is the death of the heir, and there is no question of the discovery of the inheritance as long as the heir is alive.

However, if this ground is fulfilled, the right to inherit may be assumed on two other grounds:

• The will;
• The existence of a relationship with the deceased.

The inclusion of the heir in the text of the will is sufficient to enable him to exercise his rights; the heir may therefore be any person, regardless of the relationship with the deceased; if there is one, it is the will that becomes the main ground for succession.

The heir of the will may be deprived of the right to inherit by the court in certain circumstances.

If there is no will, the inheritance will be based on the relationship between the deceased and the presumed heir.

In addition, legal succession arises if:

• No will has been made;
• The will was made in the course of life by the testator, but after his death was declared null and void by the court;
• All the heirs mentioned in the will have been deprived of the right to inherit or have renounced it;
• And the heirs did not live until the time of the discovery of the inheritance.

Both grounds may be combined if the will determines the heirs only for part of the deceased ' s property, then the rest will pass according to the SC of the Russian Federation.

The place and time of the discovery of the inheritance are thus decisive in determining the process of the inheritance, but inheritance must be performed on certain grounds, the most important of which is the death of the heir, then the absence or the possession of a will.

5. Opening of the inheritance

In accordance with article 1113 of the Russian Civil Code, the inheritance is opened with the death of the citizen.

Time. OpeningThe inheritance is the moment of death of the citizen.

Under earlier legislation, the time of the discovery of the inheritance was the day of the death of the citizen, which was recorded in his death certificate.

On this basis, citizens who died on the same day were considered dead at the same time and did not inherit from each other, and the heirs of each of them were called to inherit.

With the introduction of a new rule on the timing of the opening of the inheritance, citizens who died on the same day are considered, for the purpose of inheritance, to have died simultaneously and do not inherit each other only if the time of death of each of these citizens cannot be determined.

The death and time of death of a citizen is confirmed by a death certificate issued by an authority authorized to carry out public registration of civil status.

The certificate of death in the territory of the Russian Federation is issued by the civil registry or local self-government body of the municipal entity, in whose territory there is no civil registry body, as well as by the centre for the provision of State and municipal services.

In the event of the death of a citizen of the Russian Federation outside the Russian Federation, the consular office of the Russian Federation (art. 4, para. 1, 2, 2.2, 3 of the Federal Act of 15 November 1997, No. 143-FZ on Civil Status Documents), the rules on State registration of death are laid down in chapter VIII of the Federal Act of 15 November 1997.

No. 143-FZ, Civil Status Act.

When a citizen is declared dead, the day of the opening of the inheritance shall be the day when the court ' s decision declaring the citizen dead takes effect, and when the death of the citizen is deemed to be the day of his or her alleged death, the date and time of his or her death specified in the court ' s decision.

Opening siteIn accordance with article 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where the citizen lives permanently or predominantly.

The place of residence of minors under the age of 14 or of citizens under guardianship is recognized as the place of residence of their legal representatives — parents, adoptive parents or guardians.

The place of last permanent or prior residence of the heir may be determined by the court.

In cases where the last residence of the heir in possession of the property in the territory of the Russian Federation is unknown, the place where the inheritance is opened in the Russian Federation is recognized as the place where the heir property is located.

If the estate is located in different places, the place where the inheritance is discovered is the place where the immovable property or the most valuable part of the immovable property is located and, in the absence of immovable property, the place where the movable property or its most valuable part is located (article 1115 of the Russian Civil Code).

If it is not possible to determine the location of the inheritance under the said rules, it shall be determined by a court of law.

In the case where the last place of residence of the heir in possession of the property in the territory of the Russian Federation was in the territory of a foreign State, the place of the opening of the inheritance shall be determined on the basis of international treaties of the Russian Federation, including a bilateral treaty between the Russian Federation and the foreign State concerned (article 1186 of the Criminal Code of the Russian Federation).

However, the inheritance of immovable property is determined by the law of the country where the property is located and the inheritance of immovable property entered into the State register in the Russian Federation is determined by Russian law.

1115 of the Russian Civil Code is located in the area where the inheritance property is located.

If the last place of residence of the heir of the property in the territory of the Russian Federation is unknown or is located outside the territory of the Russian Federation, the place of the opening of the inheritance shall be recognized as the place of such inheritance; if such property is located in different places, the place of the opening of the inheritance shall be the place where the immovable property or the most valuable part of the immovable property is located and, in the absence of immovable property, the place of residence of the movable property or its most valuable part. A deceased citizen whose property is passed on to other persons by means of inheritance. The property belonging to the heir on the day of the opening of the inheritance, including property rights and duties. The place of residence of the citizen may be confirmed by documents certifying his or her appropriate registration in the registration authorities of the Russian Federation at the place of residence and at the place of residence within the Russian Federation. The right to compensation for damage to the life or health of the citizen, etc.

Opening of the inheritance (time and place)

The discovery of the inheritance is the moment when the deceased's property becomes an inheritance, that is, it can be transferred to the property of citizens by way of inheritance.

In accordance with article 1113 of the Criminal Code of the Russian Federation, a person ' s inheritance begins with the death of a citizen; the declaration by a court of death of a citizen entails the same legal consequences as the death of a citizen.

The day of the discovery of the inheritance is the day of the death of the citizen; when a citizen is declared dead the day of the opening of the inheritance is the day of the court ' s decision declaring the citizen to be dead and when the day of the death of the citizen is deemed to be the day of his or her alleged death, the day of his or her death specified in the court ' s decision.

As for those who die on the same day, they are the heirs of each other.

If a husband and wife are found dead, say after a car accident, the wife is considered to be the heir of the husband, because the law of France considers that a woman who is more "living" would have lived longer, and therefore died after her husband.

In accordance with article 20 of the Code of Criminal Procedure, the place of residence is recognized as the place of residence where the person is permanently or predominantly resident.

The place of residence of minors under the age of 14 or of citizens under guardianship is recognized as the place of residence of their legal representatives — parents, adoptive parents or guardians.

If the last place of residence of the heir in possession of property in the territory of the Russian Federation is unknown or outside the territory of the Russian Federation, the place of such inheritance shall be recognized as the place of discovery in the Russian Federation.

The value of the property is determined on the basis of its market value.

The place where the inheritance is to be opened is important for determining the place where the inheritance is to be opened. Only one inheritance case can be entered into in the Russian Federation. The inheritance case is started at the place where the inheritance is to be opened, according to the Russian Civil Code, according to the general rule on the last place of residence of the testator. "Methodological recommendations for the establishment of inheritance rights" (Ot., decision of the Board of Directors of the National Police of 27 - 28.02.2007, Protocol N 02/07)

Opening time of the inheritance

The commencement date of the inheritance case is of paramount legal importance.starts counting the time frameestablished for inheritance by the heirs.

1114 CC of the Russian Federation) sets the time for the opening of the estate on the day on which the heir dies or on the day on which the decision of the court in the case enters into force.

The period for such activities is limited to the heirs for half a year.

That's right.Set the dayThe discovery of the inheritance is essential if citizens who are the heirs of the deceased are to:

• First, they were able to exercise their inheritance rights (since, according to article 1154 of the Russian Civil Code, the time for the adoption of the inheritance is limited by the law);
• Secondly, in the event that the time limits for the exercise of their rights were missed, the heirs were able to restore those time limits (the period for the restoration of the missed time limits is also limited by law, art. 1155 of the Russian Civil Code).

The laws governing inheritance law that had been in force at the time of the commencement of the inheritance case also played a significant role.

Determination of the time of the opening of the inheritance

The inheritance shall be opened upon the occurrence of the following:for reasons:

• Death of a citizen;
• The court declared a citizen dead and handed down a decision accordingly.

As a general rule, as set out in article 1114, paragraph 1, of the Code of Criminal Procedure,the day of the discovery of the inheritance is the day of the death of the citizen.In most cases, the legal significance is the date of death of the heir, not the specific hours and minutes of the heir ' s death.

In the event of the death of a citizen, the medical institution shall issue the corresponding certificate of the prescribed model, after which the death of the citizen shall be recorded by the public authority.specified on the certificatedeath, and that dateis the reporting periodfor the duration of the period for the acceptance of the inheritance.

When the date of death or death of a person is unknown, for example, a person is missing and there is no information about him or her or any information about his or her death, etc.

In these cases, the court may declare the citizen dead andSet datesUh, presumed death or death.

The date of commencement of the inheritance in this case will be the date when the decisions of the judicial authority in the casewill enter into force.

However, there may be situations in which citizens die in one day, in which case they will not inherit one another.

And if the day of their death is the same, the inheritance shall be revealed after the death of each of them, and the deceased shall not inherit after the father.

That's why it's so important to correctly determine the moment of death of a citizen.

Time of death of a citizen

How to Get a Legacy Without Problems

Under the Civil Code, inheritance is the transfer of rights and obligations (inheritances) from an individual who has died (the heir) to other persons (inheritances).

It should be noted that only a natural person may inherit, and legal persons may inherit, except natural persons, but only by will.

Legacy

In order to establish the death of the heir, the notary must obtain a death certificate from the heir issued by the civil registry office.

It's all about Telegram.

The notary initiates an inheritance case in order to complete the succession to the heirs; the inheritance of the estate and the estate rights of the heir may be entered into only one; it shall be entered into at the place where the inheritance is opened.

The place where the inheritance is opened is the last place of residence of the heir; if the heir ' s place of residence is unknown, the place where the heir ' s inheritance is discovered is the location of the immovable property or the main part thereof; or, in the absence of immovable property, the location of the main part of the movable property.

The basis for the commencement of proceedings in an inheritance case by a notary may be a statement, communication, telegram, etc. from a natural or legal person.

Affirm your right

For the establishment of an inheritance case, the notary is provided with documents confirming the time and place of discovery of the inheritance.

• In order to confirm the time of discovery of the inheritance (this is the date of death of the person or the date on which it is declared dead), the notary is given a death certificate or an extract from the State Register of Civil Status of Citizens on the relevant death record.
• In order to confirm the place where the inheritance is opened, the notary is provided with a certificate from the local government body, the housing and maintenance organization, the Board of the Housing and Construction Cooperative on the registration of the heir ' s residence, and a home book containing a record of the residence of the heir.

An inheritance case may be filed at any time during the period set for the acceptance or rejection of the inheritance, i.e. the time of the opening of the inheritance and the time of the opening of the inheritance case may not be the same, nor do natural or legal persons have to contact the notary to open the inheritance case.

Change Notary

The heirs have the right to refer the inheritance to another notary but within one notary district after the expiry of the legal period for the acceptance of the inheritance and on the basis of the following grounds:

• Stopping the notary activities of a private notary (until the private notary ' s archive is transferred to the relevant State notary archives);
• Suspension of notary activities of a private notary;
• Temporary blockage of the notary ' s access to the State Real Property Rights Registry;
• Cancellation of a notary ' s access to the State Real Property Rights Registry;
• Dismantling of a public notary office (before transfer of the office ' s archives to the relevant State notary archives).

For this purpose, the notary who is in charge of the unfinished estate or who is in possession of the final inheritance shall be presented with an application for the transfer of the inheritance from all the heirs; such a request may be submitted by the representatives of the heirs.

Accept or refuse

An inheritance must be accepted or abandoned within a period of up to six months, beginning with the opening of the inheritance.

If the heir has not applied to a notary for an inheritance within six months, he will be considered to have not accepted the inheritance.

The court may decide that the heir who has missed the time limit for the acceptance of the inheritance for a valid reason shall have an additional period of time sufficient to apply for the inheritance.

The heir who lived permanently with the heir at the time of the opening of the inheritance shall be deemed to have accepted the inheritance if he has not declared his withdrawal within six months.

In this regard, there are certain points of contention, namely, whether the heir who has been living permanently with the heir will be considered to be the heir, but within a certain period of time prior to the death of the heir has gone on a long-term mission, accepting the inheritance without taking any action to do so; the Higher Specialized Court of Civil and Criminal Cases of Ukraine considers that, in this case, the person is considered to have taken the inheritance under the Ukrainian Civil Code.

A declaration of refusal to accept an inheritance, as well as a declaration of acceptance of an inheritance, cannot be made with any condition or reservation.

It is not for the heir to receive a portion of the inheritance, nor for the other part of the inheritance to be abandoned.

The inheritance may not be increased after the end of the six-month period for the acceptance or rejection of the inheritance on the grounds that one of the heirs refuses to inherit in favour of the other heirs; in such cases, the inheritor has the right to dispose of all or part of the estate obtained by means of a contract of sale, gift, man, etc.

How to formalize property

It may be issued by the notary to the representative of the heir, provided that the credentials of the legal representative or the representative of the heir are in place, which provides for the authority of the representative to obtain such a certificate.

• The issue of a certificate of right to inherit in respect of property subject to State registration is carried out by the notary after the issuance of the documents certifying the estate ' s ownership of such property (certification, State act).
• If the estate includes immovable property, the notary receives information from the State Register of Real Property Rights by direct access to it.
• If real property was registered prior to 2012 (before the State Real Property Rights Register began operation) and information on it was not transferred to the State Register at the request of the owner (inheritor), it is necessary for the heirs to provide the notary with the originals of the real estate title documents for the registration of the inheritance certificate.
• If the required notary ' s title document for the property has been damaged, damaged or lost and duplicated cannot be obtained due to the lack of relevant documents in the authorities that issued them or in their successors or in the archives, the matter shall be decided by the courts.

When the Court decides

To date, the procedure for acquiring ownership of inheritance property has been simplified: the notary, by issuing a certificate of right to inheritance, in particular in respect of immovable property, immediately enters it into the State Register of Real Property Rights, thus registering the right of ownership of the heirs, which does not require further registration in other State or local bodies and institutions.

The question often arises as to how to be the heirs when the property of the inheritor who is in the estate has been married to another spouse who is still alive, for the common rule is that the property acquired by the spouses during the marriage belongs to the wife and the husband in the right to joint property. This law states that the second spouse must apply to the notary for a certificate of ownership of the share in the common property of the spouses. The notary, in turn, informs the other heirs of the inclusion in the estate of the share of the common property of the spouses, and if the other heirs have no objection to the share of the other spouse who is alive, the notary shall issue to him a certificate of ownership of the share of the common property of the spouses.

In practice, the above application is often not submitted to the notary, so that other heirs either do not know the composition of the common property of the spouses, or do not have the opportunity to prove the existence of the common property of the spouses in the notary process because of the fact that the second spouse, who is not entitled to compel the notary, has the right to file the documents.

The time limit for such cases is set at three years and begins on the day on which the person has learned of a violation of his or her right or of the person who violated him or her.

§2. The time and place of the discovery of the inheritance / / Russian Law / / ALPRAVO.RU

The importance of the correct determination of the date of commencement of the inheritance lies in the rules of which law, previously in force or subsequently adopted, should be applied.

It is important to note that the range of heirs, the procedure, the timing of the inheritance and the composition of the inheritance are determined by the law in force on the date of the opening of the inheritance.

The exceptions are those specified in the law.

The time of the discovery of the inheritance is the day on which the citizen actually died; this rule follows from article 11, paragraph 1, of the Criminal Code of the Russian Federation; the opening of the inheritance occurs in the event of the death of the citizen, as well as in the case of the declaration of his death.

The moment of death is determined on the basis of medical evidence by irreversible changes that have occurred in the human brain, and the procedure for determining death is set out in the instruction on the declaration of death on the basis of the death of the brain approved by Order No. 460 of the Ministry of Health of Russia of 20 December 2001.

This procedure is in accordance with the general principles set out in the Russian Federation Act of 22 December 1992 No. 4180-1 on transplantation of human organs and (or) tissues.

It is also felt that the issue should be addressed in assessing the status of subjects exposed to low temperatures (so-called "freezing") with a view to a possible future cure for incurable diseases at the current level of medical development.

Such an entity cannot be considered dead, so the inheritance does not open after it.[2]

45. A citizen may be declared dead by a court if his place of residence is not known for five years and if he is missing in circumstances that threaten death or give rise to a certain accident, within six months; a member of the armed forces or another citizen who is missing in connection with a military action may be declared dead by a court not earlier than two years after the end of hostilities; under civil law, any interested person may apply for a declaration of death: the other spouse, relatives of the missing person, the prosecutor and other persons.

In the above-mentioned cases, the day of the opening of the inheritance is the date of the entry into force of the judgement declaring the citizen to be dead.

However, in the event that a deceased citizen is declared missing in circumstances that threaten to die or give rise to a certain accident, the court has the right (based on such circumstances) to recognize the date of his death as the date of his alleged death, which is considered to be the date of the opening of the inheritance.

The death is certified by a document of prescribed form, the form "Medical certificate of death", by order of the Ministry of Health of Russia of 07.08.98 No. 241.[3] The certificate is issued by a medical institution or a private doctor.

On the basis of this document, the death of a citizen is registered by the Zaghs authority at his or her last place of residence, place of death, place of discovery of the body of the deceased or place where the institution issuing the medical certificate of death is located.

If the death occurred on the vessel, on the train, on the plane, etc., the registration of the death may be carried out by a Zaghs authority located in the territory within which the deceased was removed from the vehicle.

In the event of death in an expedition, at a polar station and other places where there are no Zags organs, registration shall be made at the nearest actual place of death of the Zagsa authority; as a result of the State registration of death, a death certificate shall be issued (arts. 64-68 of the Civil Status Act).

According to researchers, there are often situations in practice where citizens who are heirs to each other die at different times, but within one calendar day, assuming that their spouses die in a plane crash.

Both the wife and husband have different sets of heirs (both the wife and the husband have children from another marriage), the wife dies at 0.50 and the husband dies at 5.50 a.m.

Will the husband inherit the property of the deceased wife?

Let us give an example from practice:

"Zubkova N. filed a complaint with the court against a notary who refused to carry out a notary act. She referred to her ex-husband, Zubkov S., on 26 October 1996, as a result of a car accident.

was killed and their common son Andrei died the same day of the injuries suffered after her father ' s death, so in her opinion the right to take his share of the inheritance was transferred to her (the plaintiff), but the notary refused to issue a certificate of right to inherit.

In connection with the dispute over the civil right of Zubkov, N. brought an action against Zubkova L., with whom the deceased Zubkov S. had been married since 12 January 1996, for the recognition of ownership of a two-room apartment. The plaintiff ' s claim was based on the fact that, following the dissolution of the marriage on 5 April 1994.

With Zubkov S., she continued to live with him as a single family, under a sales contract dated 22 December 1994 issued in his name, they jointly purchased the said apartment for their son, but the defendant claimed the apartment, which was not part of the estate.

The decision of the Oktyabrsky District Court of Krasnodar (done without change by the Civil Division of the Krasnodar Regional Court) granted the claim in part.

The Presidency of the Krasnodar Regional Court changed the court ' s decisions in determining the plaintiff ' s and respondent ' s ownership of the apartment.

On 5 November 1998, the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation granted the protest, stating the following.

The court of first instance found that the two-room apartment had been purchased by the plaintiff under a joint purchase arrangement with the ex-husband, Zubkov C.

specified in the contract of sale as a buyer, with the funds of each of them, as well as the proceeds of the sale of their previous land.

The shares in the joint ownership of the jointly acquired apartment were determined by the court to be equal, which is in accordance with the rules of article 245, paragraph 1, of the Criminal Code of the Russian Federation.

The court ' s conclusion on the circumstances of the case is based on the evidence properly assessed in the judgement and is well established by the courts of cassation and review.

In modifying the decision of the court of first instance and determining the civil division of the court, the regional court had referred to such facts, and in the car accident, Zubkov S. died immediately and his son Andrei was alive within one hour of his father ' s death.

Since Zubkov Andrei died after the discovery of the inheritance before he could receive it, the Presidency considered that the right to accept his share of the inheritance had been transferred in the order of article 548 of the SC of the RSFSR to his mother, the Tooth N. On that basis, the share of the Tooth N. had been increased.

In accordance with article 5.48 of the RSFSR, if the heir, who is called upon to inherit by law or by will, dies after the opening of the inheritance before accepting it within the prescribed time limit (art. 546), the right to take his due share of the inheritance passes to his heirs.

By virtue of art.

528 CC RSFSR is recognized as the date of the inheritance ' s discovery and, when declared dead, as specified in article 21, paragraph 3, of the Code (art. 45, para. 3).

Thus, the transfer of the right to inherit is possible only in the event of the death of the heir to the inheritance after the opening of the inheritance, which is recognized as the date of the death of the heir, rather than the hour, as the Regional Court had mistakenly assumed.

S. ' s tooth and his son Andrei died on the same day, the inheritance by virtue of the aforementioned substantive law was opened after each of them on its own, the period for acceptance of the inheritance began the day after their death, so regardless of the hour of death, they did not inherit each other after the other, and the right to take the inheritance could not go to Tooth N.

In addition, a fundamental violation of procedural law was also committed by the supervisory court.

Tooth N.

The complaint was rejected (rejected by the court) and the application requested that ownership of the apartment be recognized on the grounds that it had been purchased on the basis of funds shared with the former spouse, that there was no claim for ownership of the apartment on the basis of succession, and that the Presidency went beyond the requirements and exceeded its powers by resolving the issue of inheritance rights.

By virtue of art.

330 The RSFSR PPC[5] incorrect application or interpretation of the substantive law, a fundamental violation of procedural law that led to an unlawful decision, determinations, decisions of the court, are grounds for rescission of court decisions. In such circumstances, the decision of the Regional Court Presidency is subject to annulment and the decisions of the first and the cassation courts are to be upheld."[6]

The solution to this problem derives from the rule in article 11, paragraph 2, of the Code of Criminal Procedure, according to which citizens who die on the same day shall be considered, for the purpose of succession, dead at the same time and shall not inherit one another, and the heirs of each of them shall be called upon to inherit.

Unfortunately, the time difference associated with the many geographical belts of our vast country does not take into account article 1114.[7]

The judges therefore have to decide the matter on the basis of the specific circumstances of the case.

In addition to the time of the discovery of the inheritance, it is important to determine the place where the inheritance is to be opened.

The place where the inheritance is discovered plays an important role in the realization of citizens ' right to inherit and in the transfer of property by inheritance, since:

• (a) The notary shall, at the place of the opening of the inheritance, accept:
• - a declaration of acceptance or rejection of the inheritance;
• - Claims from the debtor's creditors;
• - Measures for the protection of inheritance property;
• (b) At the place where the inheritance is discovered, inheritance shares are increased;
• (c) Creditors are entitled to bring claims before a notary office or court at the place where the inheritance is opened.

The place of discovery of the inheritance is determined by the rules of article 1115 of the Russian Civil Code.

As a general rule, the place of discovery is the last residence of the heir.

In practice, however, it is often difficult to determine the last place of residence of the testator; in particular, it is difficult to define what is considered to be the last place of residence: the place of registration or any last place of residence, so that a citizen can be registered in the city of Kazani and actually reside in Moscow. What then is the last place of residence?

The Civil Code stipulates that the place of residence is recognized as the place of residence where the citizen lives permanently or predominantly (art. 20 of the Civil Code of the Russian Federation), and that it is important to distinguish the place of residence (a flat, a residential home in a village, a dormitory, etc.) from the place of residence (a hotel, a sanatorium, a boarding house, etc.), i.e. the place in which the citizen is temporarily resident.

However, according to researchers, a citizen may not have a residence registration but may reside by registration at his or her place of residence (the time limit for registration at his or her place of residence is not currently limited, in accordance with the decision of the Constitutional Court of the Russian Federation of 15.01.

98 N 2-P "In the case concerning the constitutional review of the provisions of article 8, paragraphs 1 and 3, of the Federal Act of 15 August 1996 on the procedure for leaving the Russian Federation and entering the Russian Federation" in connection with the complaint of citizen A.J. Avanov".[8]

In other words, there is a situation that is described by law as "the place where the citizen is predominantly resident".[9]

1. The only solution in the event of a dispute over the place where the inheritance was to be opened was to establish the latter by judicial means.
2. If the last place of residence of the heir in possession of property in the territory of the Russian Federation is unknown or outside the territory of the Russian Federation, the place of such inheritance shall be recognized as the place of discovery in the Russian Federation.
3. Where such inheritance is located in different places, the place where the inheritance is discovered is the place where the immovable property or the most valuable part of the immovable property is located and, in the absence of immovable property, the place where the movable property or its most valuable part is located.

The value of the property is determined on the basis of its market value and the location of the property is determined by the nature of the property.

Thus, information on real property may be obtained from documents issued to the heir by the institution of justice responsible for State registration of real property rights and transactions.

The location of the vehicle, for example, is determined at the place of registration in the GAI. The location of the other movable property is determined from the place where it is actually located.

It is important to note that the rules set out in article 1115 of the Russian Civil Code apply not only in cases where the last residence of the testator (the owner of the property in the Russian Federation) is unknown, but also in cases where the place is outside the Russian Federation.

[1] Law of the Russian Federation of 22 December 1992 No. 4180-I "On the transplantation of human organs and (or) tissues" / Official Gazette of the Congress of People's Deputies of the Russian Federation and of the Supreme Soviet of the Russian Federation. — No. 2 — Article 62, 14 January 1993.

[2] Telyukina M.V. Comment to section 5 of the Russian Civil Code / Legislation and economics. - No. 8.9. - 2002.

[3] Order of the Ministry of Health of the Russian Federation of 7 August 1998 No. 241 on the improvement of medical documentation for birth and death in connection with the transition to ICD-X. / Official Gazette No. 28 of 19 October 1998.

[4] Rostovtsev O.N. On certain innovations in inheritance law, for the adoption of the third part of the Russian Civil Code / Journal of Russian Law. - 2002. - No. 3.

[5] There is now a new PCA of the Russian Federation / / Russian newspaper. – 1996. — No.9.

[6] The decision of the SC of the Supreme Court of the Russian Federation of 5 November 1998 on the transfer of the right to inherit is possible only in the event of the death of the heir to the inheritance, after the opening of the heir, which is recognized as the day of the death of the heir. (Extract) / / Bulletin of the Supreme Court of the Russian Federation. — 1999 — N 5. — S.5.

[7] Article-by-article commentary on Part Three of the Civil Code of the Russian Federation / Under Rev. Gueva A.N. - M.: Infra-M. - 2002.

[8] Decision of the Constitutional Court of the Russian Federation of 15 January 1998 No. 2-P on the case concerning the constitutional review of the provisions of article 8, paragraphs 1 and 3, of the Federal Act of 15 August 1996 on the procedure for leaving the Russian Federation and entering the Russian Federation in connection with the complaint of citizen A.Y.Avanov. / Official Gazette of the Constitutional Court of the Russian Federation No. 2.

[9] Article-by-article commentary on Part Three of the Civil Code of the Russian Federation / Under Rev. Gueva A.N. - M.: Infra-M. - 2002.

Opening of the inheritance

The Encyclopaedia of the MIP "The Legacy " — The Legacy of the Legacy "

• One form of ownership of property is inheritance.
• Contents
• The concept of inheritance is defined as the sum of all rights over the property of the deceased citizen and his duties, which are transferred to the heirs.

The Russian Civil Code (hereinafter referred to as the Criminal Code of the Russian Federation) devoted a chapter to the transfer of rights and duties from the deceased to the heirs.

It establishes the concept of inheritance, the basis for the right to inheritance, the legal facts with significant effects, the property that is recognized and considered to be the estate and which the heirs may obtain by means of inheritance, the detailed procedure for obtaining and regularizing property rights by way of inheritance, and the documents to be provided in cases of various inheritance disputes, including in the determination of the place where the inheritance is to be opened.

The discovery of the inheritance is a legal fact, a procedure according to which persons may claim rights to the property of a citizen.

The basis for issuing the certificate is the medical certificate of death, which specifies a significant fact — the date of death.

The death certificate is the document from which a notary begins his or her inheritance and from the moment he or she is issued the entire inheritance procedure is bound.

A citizen who is not declared at his or her place of residence for a long period of time may be declared dead by the court, in which case the date of the death of the citizen shall be the date of the entry into force of the decision.

Since the death of a citizen of the Russian Civil Code, the time of the discovery of the inheritance is bound together, the time of the discovery of the inheritance and the time of the discovery of the inheritance are identical.

It is on the day of the opening of the inheritance that the beneficiaries have the right to inherit, and it is on that date that the procedure of succession begins.

If the heir dies after the discovery of the inheritance, the right to inherit his share passes to his heirs.

How to Open and Accept the Legacy

The procedure for the discovery and acceptance of the inheritance is as follows: The heirs, having learned of the discovery of the inheritance, i.e. the death of a citizen, apply to the notary for the registration of rights under the law of the Russian Federation by writing a statement expressing their consent to the inheritance.

The form of the application is prepared by the notary himself and the form is issued to the heir for filling in; the application is recognized as having legal significance, confirming the will of the heir to accept the inheritance; the absence of such will entails the consequences of the notary ' s refusal to perform the act of issuing the certificate.

The heir, who lives permanently with the owner of the property on the day of his death, is considered to have actually accepted the inheritance.

A certificate of residence or registration at the place where the inheritance is located may be provided as a basis for proof of acceptance of the inheritance.

The evidence documents are individual in each case and the notary decides on a case-by-case basis.

In addition, heirs who have paid the heir ' s debts, received money for him, preserved or protected the estate, took over the administration or possession of the estate may be deemed to have actually inherited; if the notary refuses to recognize the applicant as the heir, the fact of accepting the inheritance may be challenged in court.

Whether there is a time limit for the acceptance of the inheritance

According to the law, a period of time is a certain period of time during which certain actions are to be taken. In the procedure of inheritance, the period of discipline of the parties to the relationship, guarantees the inviolability of the right of ownership, and its importance.

The Russian Civil Code states that the inheritance shall be taken within six months of the opening of the inheritance, which shall be deemed to be from the date of the death of the person; a declaration expressing the will of the heir shall be accepted by the notary during that period.

The acceptance of the inheritance by fact takes place within the same time frame and the heir must, from the date of the opening of the inheritance, perform acts that indicate the taking of property from the deceased.

It is considered sufficient that the heirs of the deceased may decide whether to inherit or to give up their inheritance.

In order to protect rights in such a situation, the heir must bring an action before a court.

If it is found in the proceedings that the period has been missed for a valid reason and that there are documents confirming this fact, the public authority shall, by decision, restore the period.

How to determine the location of the discovery of the inheritance

According to the Russian Criminal Code, the place of discovery of the inheritance coincides with the address of the deceased citizen ' s residence or, in his absence, the location of the largest share of property.

In other words, the place where the inheritance is discovered is the fact that the heir lives at a certain address or that the property is located.

The evidence of the deceased ' s residence and the place of discovery of the inheritance shall be filed at the same time as the time of application for the inheritance.

The meaning and concept of place, the discovery of the inheritance, is recognized as allowing the heirs to apply for and issue a certificate from a notary whose notary office is located in the same district.

In resolving disputes over the location of the inheritance, the court will be interested in the location of the estate of the heir and which documents support it; the fact that all the heirs are referred to the same office where the notary is located contributes to the optimal protection of the rights of all the heirs.

What kind of inheritance exists

According to the Russian Criminal Code, there are two types of inheritance:

In accordance with the law, property in respect of which no order has been issued by a deceased citizen shall be inherited by law; the heirs shall inherit the property in accordance with the order of eight in the Russian Federation; the heirs of the succession shall be called upon to inherit.

In the absence of the heirs, the heirs of the next line of succession shall be invited to the succession; the fact that the succession is accepted shall be confirmed by the will of the successor in the form of an application accepted by the notary.

The opening of the inheritance, the procedure for its acceptance, the grounds for its receipt, the procedure for the registration and registration of rights are the same, both for inheritance under the law and for inheritance under the will; the documents to be submitted to confirm the property rights of the testator are not dependent on the type of inheritance.

In the case of inheritance, both by law and by will, the place of discovery of the inheritance is also the last place of residence of the deceased.

The inheritance of the will shall take place upon the order of the owner of the estate on the date of death; the opening of the estate, both by will and by law, shall take place on the date of the death of the testator; the notary shall first verify the fact of the will; and the period for the acceptance of the inheritance shall be the same according to the law as that of the will.

Which documents are necessary for the presentation of rights

In the Russian Federation, the following documents are made available to the notary in order to confirm the existence of a right to inheritance and to issue a right to it:

• A declaration of acceptance of the inheritance;
• The testimonial of the heir ' s place of residence if the heir ' s case has not previously been opened by other heirs;
• Documents that certify the heir ' s identity;
• A death certificate if the inheritance case was not previously opened by other heirs;
• Documents confirming the estate rights of the testator.

Once the application for inheritance has been filed, the application for a certificate of right to inherit shall be submitted; the documents shall be provided in the original form.

It follows from the foregoing that the discovery of the inheritance takes place at the time of the death of the citizen and that the properly established fact of death is recognized as the basis for the discovery of the inheritance.

The fact that a citizen is found to have died in court has the same legal consequences as that established by a doctor.

The concept of inheritance consists of the transfer of inheritance property.