The procedure for receiving an inheritance without a will

It often happens that the owner of the property died and did not draw up a posthumous note expressing his will to provide the property to another person. We will tell you further how to enter into an inheritance without a will. The most complex legal procedure in Russia is considered to be entering into an inheritance after death without a will. This process is complicated by the fact that citizens have lost a loved one, but it may also turn out that they will have to participate in the division of property.

The procedure is also complicated by the fact that the donor has not executed a testamentary letter for his inheritance. The procedure for entering into an inheritance without a will or with one is fixed in Russian legislation.

According to it, a person can transfer his property to another person in 2 ways:

• choose a recipient in the will;
• transfer by law - without wills.

Who gets

If property is transferred by will, then the citizens recorded in the testamentary document have the right to receive it. Other heirs cannot dispute the will.

A completely different procedure for inheriting property without a will. Relatives apply for real estate in accordance with the established procedure:

1. Children, spouses and parents are included first. They have the right to receive an inheritance after the death of their father without a will.
2. Secondary inheritance includes grandparents and siblings.
3. The third stage includes other step-relatives living in the testator’s apartment. Remember, in order to receive inherited property, relatives need to prove a hereditary connection with the deceased owner of the property.
4. The fourth stage includes the donor's great-grandparents, as well as his first and second cousins.
5. By right, the fifth priority includes the remaining relatives of the donor: stepmother, stepsons.
6. The last line of inheritance includes people who are dependent on the testator. The fact that the incapacitated citizen was dependent on the testator must be proven with appropriate papers.

The rights of inheritance state that citizens of the second and further priority have the right to receive inherited property when there are no first-ranking family members. If the first-priority heirs have issued a waiver, then the next in line citizens have the right to claim the inheritance.

In addition, the right of inheritance is given to persons who are relatives of the direct heirs. This inheritance right is called the right of representation. But its size is reduced by the share that, according to the rule, should have been inherited by a direct relative. For example, if it was not the wife who joined, but her children. But to register a part in an inherited object, proof is required.

The rights also indicate that if there are several heirs from the first priority, then the bequeathed property is divided equally between them. What to do if there is no will?

How to apply

Now we will study in more detail the procedure for registering an inheritance without a will. Where to start registering an inheritance? Initially, citizens contact the notary and carry out inheritance. It is impossible to find out how to receive an inheritance without a will and draw up the necessary papers without a specialist in inheritance issues.

The application is drawn up in free form in the presence of a notary with whom we enter into an inheritance, but it must contain the following mandatory data:

• the name of the office where she is going;
• information about the relative: personal data, address, contact telephone number;
• when drawing up documents, the authorized person indicates his data and address, as well as the paper on which he can act;
• name of the executed document;
• right to inheritance: conclusion on the death of the testator, the presence of family ties between the parties, papers on entry.

At the end, the application is signed and the date of its writing is recorded. If a notary, who is asked about how to formalize an inheritance without a will, has established forms for receiving an inheritance, then they are provided with them.

In addition, you need to find out what documents are needed for registration and attach them to the application:

• death certificate;
• an extract from the house register;
• papers confirming the degree of relationship between the parties: marriage or birth certificate;
• other papers that, in the opinion of the applicant, may be needed;
• death certificate if the wife (husband) of the testator died during his lifetime. In its absence, the heir should contact the civil registry office located at the donor’s place of residence. You must have a passport and birth certificate.

Remember that if all the papers for registration of the inheritance are not provided, the applicant can bring them at any time convenient for him.

How is the verification carried out?

After all the required papers have been submitted, the notary's office carefully checks their authenticity and the authority of the applicant for the inherited objects. The inspection period is usually six months. However, if other heirs have not appeared at this time, then this period can be shortened by a notary.

After the expiration of the period for verification by a notary, a certificate of inheritance rights is issued. When inheriting movable property at this stage, the process of entering into inheritance after the death of the donor ends. However, when it comes to real estate, there are several more stages.

Registration

After the certificate is received, the heir needs to register his inheritance rights. To do this, you need to provide the received certificate to the Federal Registration Service. Registration is usually completed within 1 month. After this, the applicant is issued a certificate of inheritance rights.

How long

As already noted, the validity period of a will after the death of the testator is six months. If the first priority applicants enter into inheritance rights, then in this case the will is valid for about 3 months. At this time, it is necessary to resolve all disagreements and collect the required papers.

Remember that the deadline for entering into an inheritance begins on the next day after the death of the donor is recorded.

How to recover

If the period specified in the law expires, it can be restored in 2 ways:

1. Apply to the court. This can be done within six months from the day the heir learned that the donor had died. If the judge satisfies this request, then the issued property certificates become invalid and the period for entering into inheritance begins anew.
2. By voluntary consent of the remaining heirs. They all sign an agreement to restore the deadline for accepting the inheritance.

Funds spent

In order to enter into an inheritance after the death of the testator, all heirs are required to pay certain amounts of state duty. We will tell you about its dimensions in the following table:

first-degree relatives	0.3% of the value of the inheritance	100000
relatives of other lines	0.6% of the total value of the bequeathed property	1000000

Remember that if there are several heirs, then the state fee is paid by the persons who receive the certificate. If the registration of an inheritance without a will occurs through the court, then the amount of the state duty remains the same, but the cost of the procedure may be increased.

The legislation of the Russian Federation states that the law provides benefits for people with disabilities in paying state fees. For disabled people of groups 1 and 2, the state fee and the cost of the procedure are reduced by 2 times.

This could be a certificate of disability and incapacity for work, or a pension certificate.

State property

If the rules for inheriting property without a will and the deadlines have not been observed, then the heirs will need to address their issue to the court. The judge can restore the deadline for accepting the inheritance, but this procedure can be done when the reasons for missing the deadline were valid. This:

1. The heir was not aware that the inheritance process had begun due to the death of the testator. It is important that the person provides evidence of his ignorance.
2. If the primary heir was not in the country for a long time, and he could not accept the right to dispose of the inheritance.
3. The first-priority heirs have a serious illness. Because of this, they cannot be present during the probate process.

If citizens do not know how to formalize an inheritance after the death of the donor, then this is not a reason for renewing the deadline for its acceptance after 6 months provided for in the basic legislation.

The heir who disposes of the property cannot receive only a part. He receives all the property after the death of the donor in its entirety, according to all the rules.

What powers does the heir have?

The rights and responsibilities that the heir also receives in property include:

• preserve real estate from encroachment by other persons;
• carry out property maintenance;
• pay for the maintenance of the received property, utilities, for example, if it is a private house, apartment, dacha.

The heir is also obliged to pay and fulfill the obligations of the former owner.

We receive a car or other property

In addition to the apartment, the testator can bequeath any movable object. If the heir received the car, then he should take the following actions:

1. Register the bequeathed car with the traffic police. The heir, after receiving the paper on the right to inheritance, registers the property.
2. Then you need to take out insurance for it.

If a relative is bequeathed not only an apartment, but also a weapon, then a permit must first be obtained. It can be obtained from the police department located next to it. Next, the probate process begins.

The period for receiving property can be restored within about 3 years. The maximum period for restoring the inheritance process is about 10 years. Remember that the period begins to count from the date of death of the donor.

A citizen can accept any object as an inheritance. The main thing is to complete all the necessary papers and comply with the required deadlines for resolving inheritance issues. Then in the future there will be no need to go to court and cancel previously issued documents.

Step-by-step instructions on how to enter into an inheritance after death without a will

Article 1111 of the Civil Code of the Russian Federation provides for entering into an inheritance after death without a will. In such cases, the exact names or surnames of the heirs are not listed.

That is why the rules for accepting property are determined in the appropriate manner.

This article with step-by-step instructions will help you determine the procedure for opening an inheritance without a will, the timing of taking possession, and the lists of documents that must be submitted to the appropriate legal authorities.

Rules for accepting inherited property without a will

Taking possession of the property of a deceased relative can be carried out either with or without an inheritance certificate. In the second case, the shares are distributed among the closest blood relatives. A person is declared dead only on the basis of a court decision.

Any individual who has a certain blood or legal relationship with the deceased person can become an heir. The only exceptions can be those who were guilty of death, as well as physical or moral injury to the testator or his relatives.

Who gets the right to inherit after death without a will?

Close relatives - spouses, children, brothers and sisters, and so on - can apply for inheritance. The procedure for transferring and assigning property rights to heirs is determined strictly by law:

1. Direct line heirs, namely: spouses, children, parents.
2. Siblings, grandparents.
3. Aunts and uncles.
4. Great-grandparents, great-grandfathers.
5. Great-aunts, grandfathers or grandchildren.
6. Cousins, great-grandchildren.
7. Stepfather, stepmother, children of spouses from first marriages, unadopted or unadopted - that is, relatives who do not have a blood connection.

All people from the above category have equal rights to claim inheritance from a deceased relative. It is possible to take the property of a deceased person into your own possession through a will or on legal grounds.

In the first case, the names and surnames of the persons who are supposed to accept the property do not depend on the degree of relationship and are more determined in accordance with personal sympathies.

The second situation applies only when the deceased did not have time or did not want to make a will, and all his property is transferred to persons from a certain family circle.

Important! If the testator had outstanding mortgages, the first step is to accept an obligation to pay them. If a person does not agree to take on debts, then this responsibility passes to a relative from the same line. But in parallel, the acceptance of property is not due to persons who refuse.

According to the legislation of the Russian Federation, in some situations there may be an eighth category of heirs, which includes incapacitated dependents. The procedure for receiving an inheritance without a will occurs in sequence with other relatives.

The main condition is that dependents must be supported by the deceased for at least 1 calendar year. Cohabitation with the testator is not required to claim property.

Disabled people are allowed to declare their own rights in the same manner as established by law for other individuals.

Important! Dependents have a full right to inheritance after death without a will and can act as heirs on their own only if the fact of the absence of other relatives is registered, or if there is a change in decision and they refuse to accept the property.

To become a rightful heir, you must belong to one of the legal queues. First of all, relatives belonging to the first category receive property.

If the deceased was deprived of parental rights, or the heirs refused to accept the inheritance, according to the law, the turn passes to persons from the second degree of kinship.

Then the queue can be transferred until it reaches a relative from the 7th queue.

If representatives of the queue are recognized as unworthy, then they are deprived of the right to receive inherited property. The unworthy include those who have committed deliberate unlawful acts against a deceased person or his relatives. Also included in this category are the parents of a deceased child who previously evaded parental responsibilities.

How to enter into an inheritance without a will - the procedure for registration and receipt, rules for entering into inheritance

Sometimes a situation occurs when a person dies, but does not have time to leave a will.

There may also be another option, when all the persons mentioned in the will are dead or have abandoned the vested property.

In this case, the law provides for entry into inheritance rights without a will. The timing, order and priority of this manipulation are clearly indicated in the Civil Code of the Russian Federation.

Who can apply

When analyzing the norms of Chapter 63 of the Civil Code of the Russian Federation, it is possible to identify certain persons who can receive an inheritance if there is no will. This list includes:

• persons who are related to the testator - nephews, grandmothers, grandchildren and grandfathers;
• the testator's stepfather or stepmother, his stepdaughter or stepson;
• persons who were adopted by the testator;
• the testator's dependents are citizens who received financial assistance from the testator at least one year before his death.

All of the represented persons are able to claim an inheritance and submit an application to a notary's office to receive an inheritance without a will. In addition, other persons can lay claim to the property of a deceased person without a will.

As a rule, these include people who have not yet reached the age of majority, his parents who are incapacitated due to health, children of a deceased father or mother, and a spouse. They all have the right to receive ½ of that part of the inheritance.

What documents are needed

How to apply? Where to begin? If the deceased relative did not have time to draw up a will, then it will be possible to receive an inheritance only based on the law that establishes the order of inheritance. But to do this, you should contact a notary, where, in addition to the application, you should attach a certain list of documents.

As a rule, this is the same set of documents and certificates that are attached when a person receives the right to inheritance under a will. Only in this case will you still need to submit a copy of the birth certificate of the person who claims the inheritance. In addition, the application will also be submitted in a different form.

You can find out what time and place the inheritance is opened by reading this article.

You can learn how inheritance by right of representation occurs from this article.

How an inheritance for an apartment is registered after death is indicated here: https://ruleconsult.ru/grazhdanskoe/nasledstvo/oformlenie-nasledstva-na-kvartiru-posle-smerti.html

As an example, consider a situation where the grandson of the testator wants to apply for the right of inheritance without a will. In this case, in addition to the main package of documents, the notary will also require his and his parents’ birth certificate.

Before submitting the required documents, you should coordinate everything with a notary. After all, today every specialist can interpret the same form in different ways.

In addition to submitting an application to the notary office, you will have to prepare the following documents:

1. Evidentiary documents that confirmed the fact of the death of the testator, as well as certificates proving cohabitation with him. This includes a death certificate, a copy of the house register, and a certificate from the migration service.
2. Documents confirming the fact that the person submitting the application has the right to claim an inheritance without a will. This includes your passport, birth and marriage certificates.
3. Additional information that must be provided taking into account the method and rules of inheritance. In this case, this is a pensioner’s certificate, a disability certificate.

The whole process

To apply for inheritance without a will, a person must go to a notary office. In this case, you need to contact the institution to which the privatized apartment or house that is being inherited belongs.

As a rule, the process of accepting an inheritance consists of 2 equal important legal stages: providing a written application and taking certain actions that are aimed at accepting the inherited property.

To fulfill the first point, you need to find a sample application at the notary’s office and simply fill it out.

It should be written in the presence of a notary and only by the person who is going to enter into the right of inheritance.

It is also worth attaching to the application a package of certain documents that were indicated above. Everything about the right to inherit property after death can be found in this article.

The second stage is the actual acceptance of the inheritance. In this case, we are talking about the fact that after the testator has died, the property should be protected from attacks by third parties.

In addition, it is necessary to manage it, carry out maintenance and pay for its maintenance. When accepting an inheritance, it is very important to comply with obligations to preserve and maintain the property.

Special options are also considered compensation for the debts of the testator or living in the living space that was transferred by inheritance. How is property distributed?

If there is no will, and a person left property after his death, then the process of distributing the inheritance in this case is carried out in accordance with the Civil Code of the Russian Federation. It is there that the order of succession of heirs is set out. As a rule, seven lines of heirs are defined.

The first priority includes the children, parents and spouse of the deceased. If the testator's children refuse the inheritance or are no longer alive, then the right of inheritance passes to the grandchildren.

The second line contains siblings or half-brothers, sisters, grandparents. When the brothers and sisters of the testator have abandoned the property, children who are considered nephews of the deceased can also take part.

The diagram shows the order of inheritance

Third in line to inherit without a will are uncles and aunts. If they also renounce the property of the deceased or are no longer alive, then their children will be able to take part in this process. In this case, they will act as cousins ​​of the deceased.

The essence of the distribution of inheritance is that each subsequent line of heirs has the right to claim the inheritance if the previous line refused it. If there are several heirs in one line, then the inheritance is distributed among them in equal shares. That is, in this case everyone will share equally.

What documents are needed to enter into an inheritance are detailed in this article.

The deadline for issuing a certificate of inheritance is detailed in this article.

What is the valuation of a car for inheritance, is detailed here: https://ruleconsult.ru/grazhdanskoe/nasledstvo/ocenka-avtomobilya-dlya-vstupleniya.html

There are some situations when the procedure for distributing inheritance is a little complicated.

This situation occurs due to:

• the appearance of compulsory heirs;
• the period allotted for accepting the inheritance was missed by one of the heirs;
• invalidation of the heir;
• contesting a will in the courtroom.

Spouse's share

It is immediately worth noting that the spouse of the deceased is the heir of the first priority. He also has the right to claim ½ of the inheritance acquired during the marriage. According to the Family Code of the Russian Federation, property acquired by spouses during marriage is common property, to ½ of which the spouse has full rights.

Based on this, it is first worth compiling a list of property that was acquired during marriage. After this, ½ part is counted and given by the spouse. The second ½ part of the total property is combined with the property of the deceased. It is not general, and its division occurs among all heirs in equal numbers, taking into account the order of inheritance.

Mandatory heirs

Adhering to Article 1149 of the Civil Code of the Russian Federation, there is a certain category of people who can claim an inheritance, no matter whether a will has been drawn up or not. They are considered obligatory heirs. This category of people includes:

• descendants of the deceased who are under 18 years of age;
• children of the deceased who have not reached working age;
• parents of the deceased who are unable to work due to health;
• spouse of the deceased who is unable to work;
• dependents of the deceased who cannot work, as well as those who have been dependent on the testator for at least a year.

Of course, the simplified procedure for entering into inheritance rights is the one that provides for a will. If this has not been drawn up, then the process of obtaining property may be slightly delayed, because in this case the distribution of the inheritance takes place taking into account the order of inheritance.

The procedure for entering into an inheritance without a will

Let's consider the general provisions and procedure for entering into an inheritance after death without a will.

The civil legislation of Russia provides for two methods of inheriting property:

1. According to the will.
2. Without a will.

In the first case, the testator, at his own discretion, distributes his property by drawing up a will.

This document is drawn up in accordance with the law and must be notarized.

The testator has the right to include anyone among his heirs, including persons who are not related to him. But, nevertheless, a will should not be considered something unshakable.

In legal terminology, entering into an inheritance without a will is called inheritance by law. This is by far the most common form of transfer of ownership. With this method of inheritance (without a will), it is distributed equally among the first-priority applicants after the marital share is separated.

If the heirs have no claims against each other, they receive from the notary documents recognizing the right to inheritance according to the allotments. Any controversial situation can only be resolved in court.

The right to inherit without a will in Russia belongs to the heirs of the first priority. These are spouses, mother, father, son, daughter, adoptive parents and adopted children. Other relatives, as well as persons not related to the deceased, who may receive an inheritance without a will in the following cases:

1. There are no first-degree heirs.
2. They gave up their share.
3. The successors to the inheritance are recognized as unworthy.
4. An heir is any person who has been dependent on the deceased for at least a year.

In the first two cases, notarized facts are sufficient. Only the court has the right to determine the unworthiness of the heir. The dependent must also prove through the court his incapacity for work and the fact that he was in the care of the testator.

Other persons also have the right to receive property without a will. Civil law distinguishes eight lines of heirs depending on kinship.

In the absence of heirs of a certain order, heirs of subsequent orders have the right to claim the property. If there are no relatives at all, heirs by nomination, that is, the descendants of the heirs, are involved in the inheritance. This category consists of three queues. The first-priority successors to the inheritance by nomination are the grandchildren.

As for adoptive parents, after adoption their adopted children lose their legal connection with their physiological parents.

In the absence of any heirs, the property of the deceased is recognized as escheated property and becomes the income of the state. If after this the applicant-heir nevertheless appears, he will have to defend his interests in court.

Almost any property acquired during marriage is considered jointly acquired or community property. From the point of view of legislation, it does not matter at all with what funds or by whose specific labor this property was acquired. The law proceeds from the fact that if one spouse earns material wealth, then the second provides him with this opportunity.

The following property is not joint:

1. Personal items.
2. Household items.
3. Jewelry (if it is not luxury).
4. Items inherited or donated.
5. Intellectual property.
6. Property acquired during marriage, but with funds that the spouse accumulated before marriage.

Remember that profit received through intellectual property already applies to joint property.

After the death of one of the spouses, the inheritance without a will is distributed in accordance with the law. First, the share of the remaining spouse that is not subject to division is determined.

As a rule, this is half of their total property.

The remaining property is then distributed equally among the first-degree heirs who wish to inherit after death without a will, including the spouse who has already received his half.

To enter into an inheritance after death without a will, you must, no later than six months from the date of death of the testator, contact a notary with a statement of the right to the inherited property. The notary allocates the unconditional share of the surviving spouse. To do this you need to submit the following documents:

After reviewing the documents, the notary issues a certificate of the right to inheritance, of which the remaining heirs must be notified.

This is necessary so that they have the opportunity to challenge the fact of inheritance if they consider that their interests have been violated.

The absence of title documents does not prevent the issuance of a certificate, but it will be issued only when the inheritance is not disputed.

If it is impossible to personally handle the rather troublesome inheritance procedure, this can be done through a representative by proxy, but the power of attorney must be notarized. Difficulties often arise with entering into inheritance if the heirs live in other regions or in other countries.

For example, how to become a successor to an inheritance after the death of a father without a will, if his children live in another state? After all, a personal visit may be associated with certain difficulties.

In this case, the documents can be sent to the notary by mail, but each document must be notarized. The heir's signature is also certified.

If there is a foreign text, a notarized translation must be attached to it.

If the six-month period is missed without good reason, the applicant loses the right to inheritance. However, this period can be renewed through the court if there are grounds.

The reasons may be illness, the absence of an heir in the country, or his lack of information that he is a contender for the right of inheritance. In addition, the basis for reinstating the term may be the actual acceptance of the property.

The actual acceptance of the inheritance may be evidenced by the use of a car, the cultivation of a land plot, the incurrence of expenses for maintaining the property, etc.

Accepting an inheritance is a rather complicated legal process, but in the absence of disputes with other heirs, you can register the inheritance yourself. If there are conflict situations, it is better to contact a lawyer.

Entering into inheritance after death without a will - instructions

I am a private notary. My clients often ask me to explain how inheritance is accepted. The absence of a will is not a cause for concern.

Especially if this concerns first-level heirs. Art. 1111 of the Civil Fund of the Russian Federation guarantees entry into inheritance after death without a will with a clear explanation of the rules and priority.

But not everyone understands the legal terms, so I’ll explain everything simply, using personal examples.

A loved one has died: who is the first heir?

How often have you seen a picture where the deceased is still in the house, and relatives somewhere in the kitchen area are dividing his property. The picture is not pleasant, but many have seen it.

I even once recommended to my mother that she decide everything during her lifetime. Otherwise, after her departure, her relatives may become her worst enemies.

But she was convincing and said that it is possible to enter into an inheritance after death without a will and she was not happy with the topic of division.

Sequence	Applicants for
First	Spouse, parents, children
Second	Siblings, grandmothers, grandfathers.
Third	Brothers, sisters of parents (uncle, aunt)
Fourth	Great-grandparents
Fifth	Children of nephews, brothers and sisters of grandparents.
Sixth	Children of cousins, brothers and sisters, grandparents.
Seventh	Stepdaughters, stepsons, stepmother, stepfather

All persons in the same degree have the right to receive the inheritance in equal shares.

The seventh degree always causes a lot of controversy among inheritors. For example, the deceased was married to a woman with children from another marriage. But during his lifetime he was not their official adoptive parent.

The woman died earlier, the children remained to live with their stepfather. Sadly, after his death, their procedure for inheriting without a will belongs to the seventh degree.

Even if they lived together for decades, the relationship was warm, and they provided assistance in the last days to their illegal stepfather. When heirs of the first degrees appear after death, the right to inherit property after death without a will is distributed among them.

No one has seen them for years, they have not provided any help, but they are the direct heirs.

If it is difficult to understand the essence of the degree of relationship from what is written, you can watch a video from a professional.

It’s good when you have your own children and parents. In this case, there is usually no dispute. But intestate inheritances rarely end peacefully if there are no first-degree relatives.

An example from personal practice. A man dies, whose first-line heirs are his wife and his son, who died a little later. Thus, the right to receive the inheritance remains with the widow, and half for the deceased son passed to the granddaughter of the testator.

Instructions

In the case where the deceased did not apply to a notary during his lifetime, only a public notary in the area where the deceased lived has the right to register an inheritance after his death. Within six months from the date of death of the testator, the receiver must contact a government office to write a statement.

Important! A standard form application for acceptance of inheritance is written personally by the receiver in the presence of a notary.

Before writing an application, you must provide a package of documents:

• death certificate;
• certificates, certificates confirming family relationships;
• registration certificate;
• passport of the inheritor.

Sometimes special documents may be required. For example, this is a certificate of disability or incapacity for work. Six months are given specifically to determine the presence or absence of other applicants.

On the date appointed by the notary, you must appear at the office to accept the inheritance. Until this moment, the receiver is obliged to protect the property from other attacks, as well as pay utility bills and provide care, if this applies to real estate.

The procedure for accepting an inheritance is considered simple if it is carried out in relation to movable property. Real estate is a little more problematic. This is associated with the preparation of documents for the transaction and subsequent registration of real estate. Special regulations indicate some valuable things that are subject to the procedure of registering an inheritance without a will. These include:

• weapon;
• antiques;
• paintings;
• valuable metals, stones;
• family jewels;
• shares, securities, certificates.

Before the transaction, all this must be assessed and the relevant documents confirming the value must be provided. With weapons it is a little more complicated, since you need to obtain a special permit to use weapons.

Time limits for accepting inheritance

The procedure for inheriting property without a will provides for the same period. It is six calendar months from the date of death of the testator.

In rare cases, the procedure may be scheduled after three months.

This procedure is applied if the direct heir has officially refused to formalize the inheritance without a will, and there are three or a little more days left before the end of the standard period.

Important! If the death of the testator was an accident or murder, then the date of calculation of the six-month period is considered to be the date of issuance of the medical certificate or court decision.

The calculation of the date of appointment of the transaction begins from the next day after death and is exactly six calendar months. The procedure for inheriting property without a will provides that if the date falls on a weekend or holiday, then they are transferred to subsequent working days.

If, after accepting the inheritance, controversial issues arise between the successors regarding the right to inherit without a will, the dispute is resolved through the court. You can file a claim within three years.

But not from the moment of receiving the certificate, but from the day of death. Or from the moment when the presumptive heir learned about the death of a loved one. But you will have to prove why the fact of death became known later.

Many people do not understand how an inheritance is divided without a will, which causes disputes to arise.

How is the inheritance divided between recipients?

No divisions occur until the transaction is completed and the certificate is received. Before receiving an inheritance without a will, usually relatives themselves agree on what will rightfully belong to them. Officially, the division is carried out in equal shares among all heirs.

The official division occurs on the day of receipt of the inheritance under a special agreement. In the same document, the heirs can distribute the property differently than provided for in the notarial certificate.

If you cannot reach an agreement before entering into an inheritance without a will, you must try to distribute the property as agreed. And only after that, draw up an agreement with a notary.

Disputes arise around indivisible objects, things:

• household items;
• family silver and gold;
• furniture and so on.

If controversial issues arise, everything will have to be assessed and divided through the courts.

Important! Division of real estate before receiving a certificate of inheritance is prohibited.

Another interesting case from life. A woman adopts a child who has a natural father. He does not live or meet with his own father, but by law he is the heir of the first line. After the father dies, the relatives begin dividing the property.

He does so, and alone teaches all the movable and immovable property of his deceased father.

Conclusion

For many, the procedure for accepting an inheritance is not always pleasant for fear of ruining relations with relatives. But you will have to go through it and it will pass painlessly if everything is done on time and without violating the norms established by law.

How to register and receive an inheritance without a will?

How to register an inheritance without a will - this question is relevant for a huge number of people.

Moreover, it is complicated by the difficult moral state of the heirs, who have not only lost a loved one, but are also forced to deal with a previously unknown legal field for registering an inheritance.

Let's talk about how you can count on receiving an inheritance if the testator did not leave a will.

How to receive an inheritance without a will

The law provides for the inheritance of the property of a deceased citizen by his relatives. At the same time, the condition of priority is strictly regulated, according to which they are called upon to inherit, which is directly dependent on the closeness of the relationship.

Thus, the closer you are in blood to the deceased, the greater your chances of becoming an heir. The primary heirs, within the framework of the law, are the spouse, as well as the parents and children of the deceased.

They have the right, equally, to enter into an inheritance and to refuse it.

If they refuse, or if there are no immediate relatives at all, then the right to receive property is given to other relatives of the testator in the established order of priority (brothers, sisters, grandparents).

If there are no such heirs or they did not receive the inherited property for one reason or another, then uncles and aunts are called upon to inherit. After them, the right passes to great-grandparents, and they are followed by cousins, grandparents (also cousins).

If there were no such heirs or the inheritance was not accepted by them, then the right of inheritance is given to cousins, aunts, and nephews, and after them stepmothers, stepfathers, stepsons, and stepdaughters become applicants.

So, a person who is an heir of any line, in the absence of priority heirs (relating to the lines preceding his turn), is vested with the right to receive the testator's property in full or its part (share). If we are talking about several heirs of the same line, then the property is divided between them in equal shares. For example, if after the death of a citizen he is left with two children, then they will divide all his property equally.

The procedure for accepting an inheritance and acquiring rights: step-by-step instructions

In our country, legal relations concerning the inheritance rights of citizens are handled by notaries.

If we talk about writing a will and its execution, then such actions can be carried out by a notary, both public and privately practicing; the testator could contact any of them during his lifetime.

But in cases where a notary has not been identified and inheritance occurs according to law, the management of the inheritance case is entrusted to the state notary corresponding to the territory of residence of the deceased.

Don't know your rights?

Subscribe to the People's Adviser newsletter. Free, minute to read, once a week.

In general, the acceptance of an inheritance consists of 2 equally important legal actions: on the one hand, a person must give consent to accept the inheritance in writing, on the other hand, the citizen must take real actions aimed at accepting the inherited property.

To implement the first point, you will need to contact a notary to write an application for acceptance of the inheritance and issuance of a certificate of right to inheritance. This statement must be written by the heir in his own hand and in the presence of a notary.

A standard application form is available at any notary office. It is also important to say that a set of documents must be submitted in parallel with the application.

The second action is the actual acceptance of the property. In this case, it is said that after the death of the testator, the property must be protected from encroachment by third parties, maintained, managed, and paid for its maintenance.

And one of the options for accepting an inheritance is to assume responsibilities for the preservation and maintenance of property.

Special options also include compensation for the debts of the testator or living in the residential premises that were transferred by inheritance.

Deadline for entering into inheritance

Domestic legislation sets aside a specific period during which the heirs must express their desire to enter into inheritance rights.

According to the general rules, this period is 6 calendar months, and its calculation begins from the time of death of the testator.

Since the time of death can be different and it is impossible to reflect each at the legislative level, the period begins to be calculated from the day following the day of the actual death of the person. That is, if a person died on January 20, then 6 months should be counted from January 21.

If the end of the period falls on a non-working day or holiday, then the day of its completion is recognized as the first working day following these holidays or weekends. If the fact of a citizen’s death is established by a court, then the period of 6 months will begin its calculation from the moment the court decision to establish the date of death enters into legal force.

What does this deadline mean? If the heir does not declare a desire to accept the inheritance within six months, then the right to perform this action passes to the heirs of the next priority, and if there are none, the property will be recognized as escheated and transferred to the state.

True, there are exceptions. If the heir did not have the opportunity to find out in a timely manner about the death of a relative, as in the case when he did not have the opportunity to exercise his right to inherit, then by a court decision the period for its acceptance may be restored.

The law also provides for the possibility of reducing the period allotted for accepting an inheritance, which is possible in relation to certain categories of heirs. For example, if the heirs of priority priority do not accept the inheritance within six months, the next priority of heirs can do so within a period of 3 months.

If we are talking about simple movable property, then the inheritance procedure ends and the heirs become the full owners of the property. But there are types of property that are under special control by the state. In particular, these include real estate, both residential and non-residential.

In order to complete the inheritance procedure in this case, it is necessary to contact Rosreestr and register the resulting ownership right. Don't forget about the mandatory registration of vehicles.

After entering into an inheritance, you will need to contact the traffic police and register your car and take out insurance (if necessary).

Special legal norms also regulate the transfer of ownership of things limited in circulation. An example of such things is weapons. Despite the fact that it will be inherited on a general basis, it can be stored and used only after receiving a special permit issued by the internal affairs bodies, despite the transfer of ownership.