Application for legal and bequest succession

• Legacy: claims, features
• Willed succession procedure
• Model application for a will
• Refusal by a notary to accept an application for a will

Legacy: claims, features

The acceptance of a will is effected by making an application at the place of the opening of the inheritance to a notary or an official authorized by law to issue certificates of right to inheritance, an application for acceptance of the inheritance or an application for a certificate of right to inheritance (art. 1153, para. 1 of the Criminal Code of the Russian Federation).

The outcome of the inheritance procedure, through an application for succession, is that the notary prepares a certificate of right to inherit and issues it to each heir or to all, depending on the request.

For further information on the subject under consideration, see the article "When does a notary accept an application for inheritance?".

The procedure for the acceptance of a will

Thus, with the death of the heir, heirs have the right to inherit, i.e. to take possession of property.

It should be noted that the actual actions taken to accept the inheritance are the management, administration, use and maintenance of the estate.

It is possible, however, for the heir to perform acts that indicate the acceptance of the inheritance, in fact for a different purpose, in which case the person or other interested persons may, in the event of his death, apply to the notary or to the court for a declaration of non-adherence; the act in question may be committed at any time.

It should be noted that, in accepting the inheritance from the heir, who in turn received the inheritance (regardless of the method of acceptance), but failed to formalize it in the form prescribed by law (i.e. State registration of property rights), the heir is entitled to the property in question on the basis of the discovery of the inheritance (paras. 34, 96 of the decision of the Supreme Court of the Russian Federation of 26 June 2018 No. 31-KG18-3).

The procedure for inheritance also includes the payment of the State Ministry; you will find more detailed information in the article "What is the amount of the government service for the inheritance by law and by will?".

Model application for a will

The application for succession shall be made in writing and, if it is not made in person at the place where the inheritance is opened, shall be notarized and the information referred to in the application shall be confirmed by the applicant in the attached documents.

If the legal representative of an heir who has not attained the age of 14 or who has been declared by a court to be incompetent is himself the heir, the law allows one statement to be made on the minor heir and a representative of a minor (para. 31 of the Methodological Recommendations on the Formation of Succession Rights, C.O.B. of 28 February).

Refusal by a notary to accept an application for a will

A notary may not refuse notarization on other grounds.

Thus, the Supreme Court of the Russian Federation had reached a case in which the complainant, who did not agree with the need to pay the State for legal and technical services, had been denied a certificate of acceptance by a notary.

The Supreme Court found that legal and technical services did not apply to notaries and that the plaintiff was entitled to perform them on his own.

Moreover, the exhaustive nature of the grounds for refusal to perform notary acts does not include the non-payment of additional notary services and is therefore not subject to an expanded interpretation (determination of the Supreme Court of the Russian Federation of 26 June 2018 No. 31-GC18-3).

In the present case, there was also an oral refusal by a notary to issue a certificate of acceptance of the inheritance, which is also declared illegal: paragraph 96 of the decision of the Plenum of the Supreme Court of the Russian Federation of 29 May 2012 No. 9 explicitly prohibits the oral refusal of the notary and obliges him to state in writing the reasons for the refusal.

***

The application for acceptance of the will shall be made by the heir or his representatives within the legal time limit at the place of the opening of the will (including by mail), and the content of the application shall be supported by supporting documents.

***

Sign up for our RUSSURIST channel at Yandex. Zen!

Ask the notary how to take the inheritance properly.

The questions are answered by a notary of the Vitebsk notary district of Marina Dialidenok.

Often, when it comes to inheritance, I hear the word "unhappy inheritance." What is that? Sergei, Poloc

If there are no heirs either by law or by will or none of the heirs has the right to inherit, or all of them have renounced the inheritance, the inheritance is considered to be inoperable, as defined in article 1039 of the Civil Code of the Republic of Belarus.

To put it simply, an excruciating inheritance is an inheritance that, for various reasons, has no heirs.

For example, the heir was single (without relatives) and did not make a will during his life; the heir did not take measures to take his inheritance within the time limit prescribed by the law; all the heirs had abandoned the inheritance without any indication of his benefit; all the heirs had been declared unworthy by the court and had been removed from the inheritance; and all the property of the deceased and his portion of the heir could be attributed to the heir.

Only a court can recognize the dreary legacy.

In order to do so, the local government and self-government body at the place where the inheritance is opened, after the expiry of one year from the date of the opening of the inheritance (from the date of the death of the heir or the date on which the court ' s decision on the death of the citizen takes effect), must file an application with the court, and the costs associated with the protection and management of the inheritance are likely to exceed the cost of the inheritance itself, in which case it may be deemed to be dead even before the expiry of the above-mentioned period.

In the end, the depreciation will be transferred to the property of the administrative and territorial unit at the place where the property is located; for example, the housing home in the town of Polotsk will be transferred to the communal property of the Polotsk district.

How can you accept the inheritance properly? Irina Nikolaevna, Vitebsk District

The acceptance of the inheritance is effected by submitting to the notary at the place where the inheritance is opened an application by the heir for acceptance of the inheritance or his application for a certificate of right to inherit; in most cases, the place where the inheritance is opened is the place of the last registration of the heir at the place of residence.

The heir may make the above-mentioned applications to the notary either in person or through the representative of the power of attorney, which shall provide for the authority to accept him or her.

It shall also be recognized, unless it is otherwise proved, that the heir took the inheritance when he actually took possession or administration of the estate, in particular when the heir:

1. Take measures to preserve property and protect it against attacks or claims by third parties;
2. Has incurred maintenance costs at its own expense;
3. He paid the heir ' s debts at his own expense or received the amounts due from third parties.

The actual possession or administration of the estate must be documented by the notary.

People's Gazette, 26 April 2023

What documents are needed to inherit?

The right to inherit is a well-regulated legal procedure, which provides for the change of ownership of a property and the transfer of certain rights and duties to a certain number of heirs; it takes place after the death of the heir; the duration of the inheritance is limited to 180 days; and the normal counting begins on the day after the death of the heir.

CONTENTS

What kind of inheritance is required by a notary to make an inheritance? Rights of inheritance and power of attorney. Is it difficult to recover the right to inheritance at a missed date? Who may be deprived of the right to inherit? Refusal to accept the inheritance?

Succession procedure

In order to obtain a house, an apartment or other property of a material nature after the death of the former owner, every heir must have the assistance of a notary within 180 days.

The declaration of consent to the inheritance may be made by any person at any convenient time, as long as he/she meets the deadline set by the law; it is desirable to start the procedure in advance; the notary may require the he/she to have various additional documents.

It is within its competence to make an assessment of the deceased ' s property; this procedure is necessary in the case of several heirs and for the calculation of the size of the public service; all manipulations require a reasonable period of time; therefore, it is not necessary to delay the final discharge operation.

The basis for the establishment of the inheritance case is a complete set of documents, which is held by the specialist before the will is discovered (if any).At the end of the six-month period, the right to inherit is terminated..

The property of the deceased shall be divided in accordance with the law or the wishes of the heir; the persons concerned shall be issued with the relevant documents; each heir shall thereafter become the owner of the share determined by him.

In other words, it has the right to dispose of its part at its own discretion.

What documents does a notary need to process an inheritance?

Each heir is required to provide a number of binding documents to become the full owner of the estate of the heir:

A document confirming the death of the owner of the property;

A document confirming the heir ' s identity (passport);

Statement;

The INS and its photocopy;

Documentation confirming the relationship;

A document certifying ownership of real property.

Certificate: Every heir living with the owner of the property until his death is automatically considered to have taken the inheritance without applying to the notary. The only exception to the rules is a declaration that a person has refused to receive a property.

Rights of inheritance and power of attorney

There are a number of cases that prevent the heir from going through the procedure of entering and reconstitution on his own; often a person lives in a remote locality or even a country, or is in poor health; in such cases, he may entrust the procedure to a trusted person; such a person may be:

Counsel;

Lawyer;

Any other person.

The heir ' s representative may, without impediment, take over his inheritance rights only if he/she has the appropriate power of attorney; such a document must be properly documented and certified by a notary.

Is it difficult to recover the right to inherit at a missed date?

According to our legislation, there is a certain period of time for the procedure to be followed for the adoption of the inheritance; if these dates are missed, the property cannot be accepted; however, additional time can be established and the consent of the other heirs can be obtained.

With the consent of the heirs who have taken the right to inherit, the person who has missed the procedure simply applies to the notary office; he provides the official with the documents and statements necessary for the conduct of the operation; then the citizen simply assumes his rights on an equal basis with the previously appointed heirs.

It is worth noting thatNo heir may apply again to the courts for a further extension of the term of succession.It is therefore recommended that efforts be made to meet the specified time frame and not to delay the inheritance.

Who could be deprived of the right to inherit?

The relationship between the heirs and the heirs is often not happy; quite often, there are situations in which future receivers commit various illegal acts.

These acts are usually directed against other heirs or heirs.

Under the law of our country, heirs who have committed unlawful acts may be deprived of the right to inherit by will and on legal grounds.

It is worth noting thatOnly those who deliberately commit unlawful acts are found to be unworthy heirs.Neglect is not an excuse for a person to confess guilt or refuse to inherit.

If there is a will, those who are not mentioned therein will not inherit it; and if there is a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it; and if they have a will, they will not inherit it, they will not inherit it; and if they have a will, they will have a will; and if they are a will, they will have a will; and if they have a will, they will have a will; and if they have a will, they willed, they will have a will; and if they willed, they will not, and they will have a willed a will; and if they will, they will.

Refusal to accept an inheritance

For some people, the property of a deceased relative is unnecessary, sometimes problematic ballast, but total inaction is not seen as a reason to abandon such an inheritance. People who do not wish to be heirs are advised to formalize their decision.

A step-by-step non-admission operation has been designed specifically for them; this operation involves visiting a notary and writing a special statement; a person may not identify a person for whom he has been denied a document; a refusal that has entered into force shall not be revoked or withdrawn; this must be known to the citizens of our country.

Every person has the right to renounce his or her part of the inheritance, and to do so, he or she should know and observe a number of rules when applying to the notary authorities:

The refusal of a minor's application shall be accepted only with the permission of the guardianship organizations;

The judicial authorities may declare the refusal null and void;

The right to inherit operation must be completed after six months;

Refusal of its part does not imply that it is handed over to others;

The procedure for refusing to favour another person is governed by a certain scheme.

Documents required to give up the inheritance

Each notary requests a certain number of binding documents from his or her refusal client.

Statement;

Documents identifying the heir and confirming the heir ' s death.

Even the heirs who have taken possession of the property have the right to give up their inheritance; to do so, they must challenge their actions in court within six months.

Failure to accept inheritance is a form of relinquishment of tangible property

Virtually any heir may simply ignore the procedure of inheritance, and it is sufficient for him to do nothing about the procedure for obtaining property, and after the expiry of the time limits established by law for the procedure, the person will be recognized as the heir who has not accepted the inheritance.

The main difference between the non-adherence of the inheritance and the rejection of the inheritance is that the heir who has not taken the inheritance is given the opportunity, in the course of the trial, to restore the period which has expired.

A bequest and a bequest

Application for succession

In order to become the full owner of the property left behind by the deceased relative, the heirs must express their consent to the inheritance by submitting a written statement to the notary who is in charge of the inheritance.

Which means an act to take an inheritance.

Regardless of the grounds (integrity, kinship), the heir must obtain formal confirmation of his rights, which must be certified by the issuance of a certificate; this document will be required in order to change the ownership of the property in the State registry, as well as to confirm his rights to any third party.

Part of the inheritance cannot be accepted; it moves to the beneficiaries in a universal way, that is, in a complete package, including the debts and other obligations of the deceased.

The inheritance can only be accepted on one basis and abandoned on another basis.

Where an application for inheritance is made

As a general rule, the successors must, within six months of the death of the heir, contact the office of the residence of the deceased national with the notary who opened the inheritance case.

If they live in the same city, it's no problem.

The heir may file the application directly with the office, where he will be assisted in drafting the document and the consequences of the decision will be explained.

In the case of residence in another city or region, it is possible to make an application by other means because of illness or other reasons, in which case the signature must be certified by any notary in the applicant ' s place of residence; at the same time, the notary office may be consulted on the form of the document.

1. Write and send by mail: The notary is obliged to register the application even if it is not correct and incorrect, in which case he gives an answer to the person in question, explaining the order in question. The stamp on the envelope must reflect a date of 6 months, even if the actual letter is received later.
2. To entrust the inheritance to a representative acting on behalf of the heir, in which case the power of attorney shall contain a specific indication that he is entitled to apply for the inheritance and shall be notarized.

If you do not know the specific address and the FIO of the notary at the place where the inheritance is opened, you will be assisted in the notary office of any city by asking for information from the federal base, and it records all open inheritance cases in the territory of Russia.

Contents of the statement and required documents

There is no strict mandatory form for the application for inheritance, which in general states:

• FIO of the heir and deceased relative according to passport data.
• Inspiration of the taking of inheritance property.
• Date of death of the testator according to the certificate of the registry (decision of the court).
• Address of the last place of residence according to the report of the Ministry of Internal Affairs.
• The basis of the succession (near or distant relationship with the deceased, will).
• Date of notarization (application).

The notary will also ask for all available information on the other heirs, the composition and characteristics of the property and the location of the property, and will check the applicant ' s passport, legal capacity, citizenship and registration.

It should be borne in mind that if a notary may not request evidence of the facts stated therein at the time of the application, it will be necessary to submit them when the certificate is issued.

This is the death certificate, the address certificate, the will (if any), the record of the opening of the will (if it was closed).

Succession by law will require birth, marriage, divorce (change of name) and other documents confirming the heir ' s relationship with the deceased heir.

Particularities of application by individuals

The heirs may include any person, including young children, sick or incompetent citizens, since this is an official document giving rise to expensive property, a procedure has been established for the application of such citizens.

• Parents or other legal representatives (e.g. guardians) serve them on behalf of young children (under 14 years of age).
• A child between 14 and 18 years of age has the right to write it himself, but with the written consent of adults.
• Limited citizens apply on their own behalf, but with the permission of the guardian.

The legal representative is not authorized, but the notary must request and carefully check all documents authorizing representatives to act on behalf of the listed citizens and notify the guardianship and guardianship authorities in writing of the application.

Time frame for circulation, pass, restoration

An application for inheritance must be addressed to the notary within six months of the death of the relative who left the property; it may happen that it will actually come later (due to poor mailwork), then the period is not missed if there is an earlier date on the envelope.

However, if the heir himself, his representative, had submitted it on an ad hoc basis after the prescribed time limit, he was deemed to have been violated, in which case, with the written consent of the other heirs, the notary could cancel the inheritance certificates he had issued, accept the application and issue new documents.

If the consent is not given, the heir who missed the time limit may restore him by resorting to a court of law.

If it was positive, the certificates issued were null and void and the rights of the heirs and their shares would be determined by a judicial decision.

Page 2

• Main

>

• Notary 2 May Notary 2 May

On this page of our website, you can obtain information about the mode in which a notary office operates on May 2, 2023. We set a schedule for a notary in such a way as to make it convenient for citizens and legal persons.

Certificate of right to inherit by law and will: How to obtain

Certificate of entitlement
the inheritance - a document that confirms ownership of property,
It's not a procedure.
It's an heir's right.

He might not get it if he did.
In fact (saved with the deceased before his death) and in the inheritance
No property owned by the State Register
(real estate, car, securities, etc.)

Lack of evidence not
Denying the heir the right to inherit.

Issuance of a certificate of right to inheritance: order

Certificate of entitlement
The inheritance is given by the notary on the basis ofThe place where the inheritance is to be openedB. Before
When it is received, you have to submit a list of documents, thereby accepting it.
The act of a notary in issuing a testator ' s will and the law
It's a little different.

After the death of the owner
of property, persons who are entitled to it, apply to the notary
The latter initiates an inheritance case and alerts the State party to the decision of the Committee on the Elimination of Discrimination against Women.
The notaries request that the application include all of them.
Heirs who may claim property.

Grounds for obtaining the certificate

Before filing for
For the purpose of accepting an inheritance, the notary is satisfied that the person has the right to do so.
This needs to be analysed:

• presence in
  The estate registry of the will;
• If so, the property,
  Not covered by it;
• Possibly a given heir.
  Is found to be unworthy by a court decision and is deprived of the right to inherit;
• for persons claiming to be
  Mandatory share - documents confirming their rights;
• Date of circulation from day to day
  Death.

After application for acceptance
the inheritance, the relative must wait for the rest of the heirs to accept it.
They are given six months from the day of death to do so.

At the end of this period
The heir applies to the notary for a certificate of entitlement
The notary sets an example, but it is mandatory.
Contain:

• Location of notary;
• Information on the heir;
• Owner ' s data
  Property;
• the nature of related
  Relationships (dependency, marriage, close relatives, etc.);
• Property data;
• The date and signature of the heir.

Application for extradition
There is no limit on the duration of the certificates.

Place of issue of certificate

This document is issued in the office
A private notary or a public notary office.
is the case where the notary is absent from the place where the inheritance is to be discovered (in the case where the notary is not present).
A certificate of inheritance may be issued by an authorized person of an authority.
Local government.

The notary in charge of the inheritance case (where the first application was filed) is required to apply for the certificate.

Date of receipt of the certificate of right to inheritance

Issuance of the document by a deadline
If the inheritance mass only contains things common in the home
You don't have to get a certificate from a relative who's a relative.
He has taken the inheritance and is entitled to it if the property does not need to be registered.

It happens that the heirs aren't
Even personal things and everyday things can be shared, so it's better.
Then it'll be easier to prove your share in the trial.
Heirlooms.

As a general rule, the certificate
is issued after the end of six months from the date of the discovery of the inheritance.
rules are exceptions.

1. In the life of the heir
   The child was conceived but was not born at the time of the receipt of the certificate;
2. Civilians continuing
   in which the right to inheritance, shares and other
   Issues;
3. Judgement rendered
   In respect of the heir, when he is found to be unworthy;
4. Need to Be Demanded
   I'm not sure what I'm looking for, what I'm looking for, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do, what I'm gonna do.

Legacy certificate

Upon receipt of the application
Taking an inheritance, the notary checks the owner's death.
is confirmed by the death certificate issued by the RAGE.

Precisely.
Heir's lack of evidence, notary finds information in the register.
Civil status.

In the absence of information – Seeks from the Authority
A copy of the death certificate or the full removal of the State party ' s death record
Civil registry.

Then the notary installs
The time and place of the discovery of the inheritance, for which he looks at the date of death and at the date of death.
certificate of registration (last place of residence) issued
Executive body of the local council responsible for registration
the registration of persons in this territorial administrative unit.

Opening Place
the inheritance may also be confirmed by a certificate of housing and maintenance
organization, entry in the home book on registration (permanent place)
(i.e. residence) heir, certificate of the housing and building cooperative ' s management
registration (permanent residence) of the testator;
Bureau, a statement by Ravoenkomat that he was the heir before he was called up for military service
The service lived at the appropriate address (in the event of death in military service).

The notary establishes a circle of heirs, for which he asks the first heir to indicate in the application for the succession of the other heirs.

When writing an application, a document confirming the relationship (passport, birth certificate, marriage certificate, etc.) or several documents should be provided to confirm the relationship.

The presence shall be established
of inheritance property and its location on the basis of
The notary checks out the documents that confirm his ownership.
document and mark the application for the certificate or on a copy
The evidence that remains in the inheritance file.

Without the information and documents necessary to carry out the act, the notary refuses to do so; upon request, the notary must state the reasons for the refusal in writing and explain the procedure for his appeal; the refusal to perform the notary act shall be ordered within three working days; it may be challenged in court.

If the declaration is adopted, and
Establishment of an inheritance case, notary in writing
information on the documents to be collected to process the inheritance and
of a certificate.
All documents, he'll get the heir.
a certificate of right to inherit under the law.

Legacy certificate

The procedure is hardly different.
Notary or authorized person of the executive body of the local council
Checks:

1. Death;
2. The existence of a will;
3. Inheritorial mass;
4. Time and place of opening
   Inheritances.

The presence is also checked
Heirs entitled to a compulsory share.

The will shall be checked
Compliance with the requirements of the law:

• must be in
  In writing, indicating the time and place;
• The will shall be confirmed
  a notary and is registered in the Heritage Register;
• The secret will must
  to be written and signed by the heir.

When you read the secret
The will is given by a notary and is given a disclosure report.
The text of the will and the signature of the notary and of the two persons understood.

Validity of the will
is checked in the Heritage Register.

If the will does not specify the share
In accordance with all the rules, the heir is granted
a testimonial of the right to inherit by will.

Confinement of the certificate of right to inherit

It is declared invalid
The reasons for this are as follows:

• The person to whom it is issued,
  Was not entitled to inheritance;
• The form of the will has been violated
  (not specified place, time of writing or not signed by the heir);
• The will is unconfirmed.
  Notary or not included in the Register;
• The will has been drawn up.
  A person who was not entitled to do so;
• There's a court decision by which
  It is established that the will was made by a person who was unaware of the importance of his will.
  or under the influence of violence.

The certificate will be recognized
null and void if an additional period of time has been granted by the court
to the heir who had not yet done so in six months ' time
In that case, a new certificate will be issued to each person.

How much does it cost to get a certificate?

The main types of costs are payment.
notary ' s services andinheritance tax.

The first paragraph depends on the choice
Each person offers his or her price for services.
Issuance of the list of documents required for processing is indicated in the same table.
Private notaries may also charge
Consultations that do not involve formalization.

The amount of the tax depends on the degree
The issue is governed by article 174.
The Tax Code of Ukraine.

The tax won't be paid by the heirs.
The rest of the heirs pay 5% of the cost.
The certificate of right to inherit is issued by the notary only after
Provision of tax receipts.

The value of the property is determined
on title or valuation documents.
there is a sales contract, inventory or cadastral documents,
It is not necessary to make an assessment.

The evaluation is often challenged in court,
'Cause market value is a long term concept, and it's not always defined.
Right.

Pay benefits for certain categories of citizens

They don't pay taxes on the heirs.
Category:

1. Persons with disabilities in the first category;
2. Orphans;
3. Children deprived of their liberty
   Parental care;
4. Children with disabilities.

According to article 6 of the Family Code
the legal status of the child until he or she reaches
You're a grown-up.