Actual acceptance of inheritance: sample statement of claim, judicial practice, jurisdiction of cases

In cases of inheritance and inheritance disputes, a certain judicial practice has been developed, based, among other things, on the clarifications of the Supreme Court of the Russian Federation.

Below are the main conclusions of the RF Armed Forces on various types of inheritance disputes, including the determination of jurisdiction and jurisdiction, the filing of claims in the framework of inheritance disputes, the approval of settlement agreements in inheritance cases, etc.

Inheritance cases are subject to consideration in a court of general jurisdiction.

Inheritance disputes resolved by a court of general jurisdiction, in particular, include:

a) disputes about the inclusion in the inheritance of property in the form of shares, shares in the authorized (share) capital of business companies and partnerships, shares of members of cooperatives, land shares received by the testator during the reorganization of agricultural enterprises and privatization of land;

Cases on applications containing, along with claims arising from inheritance legal relations, claims within the jurisdiction of the arbitration court, the division of which is impossible, according to Part 4 of Article 22 of the Code of Civil Procedure of the Russian Federation, are subject to consideration and resolution in a court of general jurisdiction.

In accordance with the rules of jurisdiction of civil cases established by Articles 23 - 27 of the Code of Civil Procedure of the Russian Federation, all cases on disputes arising from inheritance legal relations, including cases on claims based on the debts of the testator (for example, cases on claims for collection of the testator's debt under a loan agreement , for payment of living quarters and utilities, for payments for damages collected by court decision from the testator, etc.), are subject to the jurisdiction of district courts.

Cases on claims based on obligations that arise for the heirs after accepting the inheritance (for example, for payment after the opening of the inheritance of interest on a loan agreement concluded by the testator, for utility bills for an inherited apartment, etc.) are within the jurisdiction of the magistrate as a court of first instance with a claim price not exceeding fifty thousand rubles.

Claims with claims arising from inheritance legal relations are filed in court at the place of residence of the defendant-citizen or at the location of the defendant-organization.

If a dispute arises about the rights to inherited property, which includes several real estate objects located in the jurisdiction of various district courts, as well as about the division of such property, a claim in relation to all these objects can be brought at the location of one of them at the place of opening of the inheritance . If the real estate objects are not located at the place of opening of the inheritance, the claim is filed at the location of any of them.

In these cases, filing a claim excludes filing a claim in other courts (a statement of claim filed in another court is subject to return on the basis of clause 5 of part 1 of Article 135 of the Code of Civil Procedure of the Russian Federation).

Requests for invalidation of a will, which contains orders regarding real estate, are made in compliance with the general rules of jurisdiction in civil cases. If, when challenging a will, the plaintiff also makes demands for recognition of the right of ownership of the inherited property, the claim is subject to consideration at the location of the real estate.

Claims of the testator's creditors, before the heirs accept the inheritance, are filed in court at the place where the inheritance was opened (parts 1 and 2 of Article 30 of the Code of Civil Procedure of the Russian Federation).

Claims related to rights to real estate located abroad are resolved according to the law of the country where this property is located.

Applications for establishing legal facts related to inheritance legal relations, in accordance with Article 266 of the Code of Civil Procedure of the Russian Federation, are filed with the court at the place of residence of the applicant, with the exception of applications for establishing the facts of ownership and use of real estate for the purpose of recognition of inheritance rights, filed with the court at the location of the real estate property.

The court refuses to accept a statement of claim brought against a deceased citizen, with reference to paragraph 1 of part 1 of Article 134 of the Code of Civil Procedure of the Russian Federation, since only a person with civil and civil procedural legal capacity can be held liable for violation of the rights and legitimate interests of a citizen.

Obtaining a certificate of the right to inheritance is a right and not an obligation of the heir, therefore the absence of such a certificate cannot serve as a basis for refusing to accept a statement of claim in an inheritance dispute (Article 134 of the Code of Civil Procedure of the Russian Federation), returning such a statement of claim (Article 135 of the Code of Civil Procedure of the Russian Federation) or leaving him motionless (Article 136 of the Code of Civil Procedure of the Russian Federation).

In the absence of properly executed documents confirming the testator's ownership of the property, the courts, before the expiration of the period for acceptance of the inheritance (Article 1154 of the Civil Code of the Russian Federation), consider the demands of the heirs to include this property in the inheritance, and if a decision was not made within the specified period, also demands for recognition of property rights by inheritance. If a demand for recognition of property rights by way of inheritance is made by the heir during the period of acceptance of the inheritance, the court shall suspend the proceedings until the expiration of the specified period.

The heirs of the buyer under a real estate purchase and sale agreement who died before the state registration of the transfer of ownership of real estate, in the event of a dispute, have the right to file a claim against the seller under the specified agreement on state registration of the transfer of ownership to the heirs.

The court approves settlement agreements in cases arising from inheritance legal relations only in cases where this does not violate the rights and legitimate interests of other persons and the rules of civil law allow the resolution of relevant issues by agreement of the parties.

For example, settlement agreements can be concluded on the following issues:

•  on the acceptance by the heir of an inheritance after the expiration of the period established by Article 1154 of the Civil Code of the Russian Federation for its acceptance, and on the application in these cases of the rules on obligations due to unjust enrichment (clauses 2 and 3 of Article 1155 of the Civil Code of the Russian Federation),
•  on the division of inheritance (Article 1165 of the Civil Code of the Russian Federation),
•  on the procedure for providing compensation for the disproportion of the inherited property received with the hereditary share by the heir who has declared a preemptive right to an indivisible thing or to ordinary household furnishings and household items when dividing the inheritance (clause 2 of Article 1170 of the Civil Code of the Russian Federation),
• on the division of the inheritance, which includes an enterprise, in the case when none of the heirs has a priority right to receive it on account of their inherited share or has not taken advantage of it (part two of Article 1178 of the Civil Code of the Russian Federation),
• on the deadline for paying compensation to the heir of a deceased member of a peasant (farm) farm who is not a member of this farm (clause 2 of Article 1179 of the Civil Code of the Russian Federation),
•  on the inclusion in the certificate of the right to inheritance of heirs by law who are deprived of the opportunity to present evidence of the relationship that is the basis for the call to inheritance,
• about the heir of a deceased member of a housing savings cooperative, who has the right to be accepted as a member of the cooperative in the event of the transfer of a share of a deceased member of the cooperative to several heirs, and about the period for payment by him to the heirs who did not become members of the cooperative, compensation commensurate with their inherited shares of the actual value of the share,
•  about the heir of a member of a credit consumer cooperative (shareholder), who has the right to be accepted as a member of the cooperative (shareholders), in the event of transfer of the share accumulation (share) of a deceased member of a credit consumer cooperative (shareholder) to several heirs.

10. The court refuses to approve a settlement agreement between the parties, in particular on the following issues:

•  on the universality of succession in inheritance (clause 1 of Article 1110 of the Civil Code of the Russian Federation),
• on determining whether the parties have inheritance rights and the composition of heirs (Articles 1116, 1117, 1121, 1141 of the Civil Code of the Russian Federation),
•  on invalidation of a will (Article 1131 of the Civil Code of the Russian Federation) and a certificate of the right to inheritance (clause 1 of Article 1155 of the Civil Code of the Russian Federation),
• on refusal of inheritance (Articles 1157 - 1159 of the Civil Code of the Russian Federation),
• on the division of inherited property with the participation of heirs who did not accept the inheritance, or heirs who acquired ownership rights only to specific inherited property (Articles 1164 and 1165 of the Civil Code of the Russian Federation), as well as in other cases.

When considering disputes about inheritance, the court, in accordance with paragraph 3 of Article 1163 of the Civil Code of the Russian Federation, has the right to resolve the issue of suspending the issuance of a certificate of the right to inheritance in the manner prescribed for taking measures to secure a claim (Articles 139, 140 of the Civil Procedure Code of the Russian Federation).

Actual acceptance of inheritance: judicial practice

Current legislation provides for two types of inheritance: by will and by law.

In life, the second option is most often encountered, and it can also be realized in two ways: by declaring the right to inheritance and by actually accepting the inheritance.

The latter option often causes disputes between relatives and becomes the reason for going to court. Therefore, it is worth considering this method of obtaining an inheritance in more detail, as well as the existing judicial practice on this issue.

Actual acceptance of inheritance must be proven

The current Civil Code of the Russian Federation understands the actual acceptance of an inheritance as such actions of the heirs that confirm that they are using the inherited property. Article 1153 of the Civil Code of the Russian Federation lists actions that are regarded as actual acceptance of an inheritance:

• Taking possession or managing inherited property;
• Taking measures to preserve inherited property, including protecting it from claims and attacks of third parties;
• Incurring expenses for the maintenance of inherited property;
• Fulfillment of the testator's monetary obligations or fulfillment of his rights of claim.

However, if a dispute arises about the legality of the acquisition of ownership of inherited property by the heir who actually accepted the inheritance, it is necessary to prove this fact in court. This category of cases refers to cases to establish facts of legal significance.

The applicant is the heir, who needs official confirmation of the fact of his acceptance of the inheritance. In this situation, there are no specific deadlines for going to court; the case is considered through simplified proceedings.

When considering the case, the applicant must provide evidence of the actual acceptance of the inheritance, this may be receipts for payment of services, other documents confirming the use of the inheritance, as well as witness testimony.

Advice: in relation to real estate that is planned to be alienated, it is necessary to apply in advance to the court at the place of its location with an application to establish the fact of acceptance of the inheritance or, if the period for acceptance of the inheritance has not expired, to the notary at the place where the inheritance was opened. This must be done before starting a real estate transaction.

Challenging the actual acceptance of an inheritance

Despite the simplicity of proving the actual acceptance of an inheritance, it must be remembered that this fact can be challenged in court, or other heirs can assert their rights.

According to the Civil Code of the Russian Federation, the heirs of various lines of inheritance are persons who are in a direct or indirect family relationship with the testator. Other citizens can act as heirs only if there is a will.

But in life there are often situations when the property of a deceased citizen continues to be used by persons who are not officially related to him, but who lived with him. From the point of view of legislation, this fact does not constitute actual acceptance of the inheritance, therefore the heirs may demand the return of the inherited property from someone else’s use.

Thus, citizens M. and N. applied to the court to demand two cars from citizen E., as well as a one-room apartment belonging to their deceased father. When considering the case, it was established that their father lived in his apartment with E. for about two years. After his death, E. continued to use the apartment and rented out the cars.

Speaking in court, E. said that she regularly pays utilities for the apartment, pays for garages where cars are stored, that is, she actually entered into an inheritance.

However, the court did not establish the fact of a family relationship between her and the deceased, the defendant did not make a statement to establish the fact of cohabitation, therefore the court did not regard the actions of citizen E. as actual acceptance of the inheritance, since she is not included in the circle of heirs by law. The claim was granted.

Advice: in the absence of officially registered marital relations, in the event of the death of one of the common-law spouses, it makes sense for the second to immediately apply to the court with an application to recognize the legally significant fact of cohabitation and de facto marital relations. In many situations, a positive court decision on this application will make it possible to enter into inheritance rights in relation to the inheritance of the common-law spouse.

Disputes often arise between heirs who dispute the actual acceptance of the inheritance by one of them. In such situations, the timing of going to court to protect your rights plays an important role.

lived with his mother for the last three years, after her death he continued to live in the same house, paid utilities, land taxes, and exploited the garden plot. All this time, the sister did not appear in her mother’s house and did not declare her rights to the inheritance.

The court found that the plaintiff knew about the opening of the inheritance, but did not apply to the notary within the period established by law to accept the inheritance.

At the same time, the brother also did not notarize the fact of entering into inheritance rights, but all his actions in relation to the inherited property indicate the actual acceptance of the inheritance. Considering that the plaintiff missed the deadline for accepting the inheritance without a good reason, and the defendant actually accepted the inheritance, the court decided to deny the claim.

We also note that Art. 1152 of the Civil Code of the Russian Federation indicates that the fact of acceptance of an inheritance by one heir does not mean the loss of inheritance rights of others.

Therefore, if the deadline for accepting the inheritance has not been missed, any of the heirs may demand in court for the allocation of the part due to him from the inheritance mass.

The heir who actually accepted the inheritance must separate this part from the inherited property.

It is also necessary to take into account the fact that, according to the same Art. 1152 of the Civil Code of the Russian Federation, acceptance of part of the inheritance is acceptance of the entire inheritance. So citizen Z. went to court with a demand that citizen K. pay his father’s debt. Z. reported that the court had previously upheld a claim for lost profits against K’s father.

In connection with the acceptance of the inheritance, the obligations of the testator are transferred to it, therefore, the claim must be satisfied.

There are many nuances in inheritance matters that only a specialist can understand. Therefore, an appeal to judicial practice should be constructed exclusively from a professional point of view.

An experienced lawyer will be able, having studied all the circumstances of the case, to exclude the recognition of a transaction as void with the property actually accepted or to avoid a situation where recognition as an unworthy heir prevents the remaining heirs from inheriting.

Inheritance disputes require a serious approach to their consideration, and their participants must have strong nerves and an adequate perception of the current situation.

Judicial practice in inheritance cases: entry through the court, sample statement of claim

The ordinary procedure for entering into an inheritance is carried out with the help of a notary. This can be done if the heir has the unconditional right to the property of the deceased and has a full package of documents. Otherwise, the notary refuses to issue a certificate of inheritance.

Labor-intensive registration of inheritance through the court will be required. The process can be complicated by ignorance of basic laws, rules of family relationships, the existence of third party applicants, and the lack of necessary documents.

If it is impossible to accept the inheritance according to the standard procedure, the heirs go to court.

Grounds for registering an inheritance through the court

The procedure for entering into an inheritance through the court is not mandatory if the following conditions are met:

• all documents for registration of inheritance are available;
• less than 6 months have passed from the date of death of the testator;
• one heir or all applicants reached agreement.

You cannot do without a judicial procedure for accepting an inheritance in the following cases:

• dispute between claimants to inheritance;
• the heir has actually entered into the inheritance and legal confirmation of this fact is required;
• the will is invalid or disputed by relatives;
• documents confirming relationship with the testator are lost or missing;
• grounds for recognizing the heir as unworthy;
• ownership of the property was not registered by the testator;
• a valid reason for not entering into inheritance within six months after the death of the testator.

The recognition of the heir as unworthy is confirmed by evidence - testimony of witnesses, documents, letters, audio and video recordings. Removal is possible in the following cases:

• intentional actions that led to the death of the testator or other heirs;
• increasing the share to the detriment of other applicants;
• concealment of the facts of the existence of inherited property;
• failure to comply with the obligations to support the testator;
• deprivation of parental rights in relation to the inheritance of a child’s property.

The most common grounds for resolving inheritance issues through the court are given. The list is not exhaustive. In judicial practice there are examples of various circumstances when confirmation or protection of rights occurs in court.

Procedure

The procedure is carried out in several stages:

1. Preparation of documents that, together with the application, are submitted to the notary at the place of opening of the inheritance. It is necessary to confirm interest in inheriting property, establishing the deadline for the initial application, and correctly registering a share in the property.
2. A statement of claim is drawn up after receiving written confirmation from the notary of the refusal to issue a certificate.
3. Sending papers to the office.
4. Payment of state duty.
5. Consideration of the case in court after the claim has been accepted. The claimant to the inheritance confirms his claims with documents, gives reasons for them, and participates in possible disputes with the defendants.
6. Obtaining a court order.
7. If the decision is positive, the heir enters into the inheritance. Property is officially registered through a notary office or state registration authority.
8. If the claim was denied, you can appeal the decision in a court of second instance. An appeal is filed in the case to the court of first instance, but the recipient is the Supreme Court of the constituent entity of the Russian Federation.

Which court should I go to to enter into an inheritance?

Before drawing up a statement of claim, you first need to decide which court will consider it. if the claim needs to establish facts of legal significance, it is filed at the place of residence of the defendant. if the subject of the dispute is real estate, this is the jurisdiction of the court based on the location of the property.

The legislation provides for the following options for jurisdiction in inheritance cases:

court	circumstances of the case
at the defendant's place of residence	claims containing claims arising from inheritance legal relations - establishing the fact of inheritance, family relations.
at the location of the inherited property	claims for ownership, division, use of property, recognition of ownership of real estate. if the inheritance consists of several objects located in different areas, the claim is filed at the location of any of them.

read also: filing a claim in court to establish the fact of family relations

inheritance cases are considered by the court at the district level. if there is a dispute, the plaintiff may file an application at the defendant’s place of residence. An appeal against a decision takes place in the court of a federal city or a constituent entity of the Russian Federation.

what documents need to be collected and how to draw up a statement of claim?

Based on the documents provided to the court, the inheritance will be contested. the necessary documents must be collected before submitting the application. The package of documents includes:

• the plaintiff’s passport (notarized power of attorney for the representative, passport of the parent of a minor heir, decision of the guardianship and trusteeship authority in case of incapacity or limited legal capacity of the applicant);
• death certificate of the testator (we recommend reading: establishing the fact of family relations with the testator);
• confirmation of relationship with the deceased;
• certificate from the last place of registration of the testator;
• will (if any);
• refusal of a notary to issue a certificate or carry out the inheritance procedure;
• property documents;
• receipt for payment of state duty.

all documents (except the receipt) are submitted in a number of copies equal to the number of participants in the proceedings. To confirm the right to inherit residential real estate, you must present title documents, a technical and cadastral passport, a certificate of absence of debts for payment of utilities, a BTI certificate on the estimated value of housing on the date of opening of the inheritance.

The drafting of a statement of claim depends on the case under consideration:

• restoration of terms after 6 months;
• recognition of the rights of the heir upon actual acceptance of the property.

the application must be written concisely, meaningfully, in legal language, supported by references to the relevant articles of laws and attached documents. sample statements:

procedural rules provide for the following points in the statement of claim:

• name, address of the court;
• information about the plaintiff and defendant (name, date of birth, postal address, contacts);
• information about the testator (full name, date of birth and death, last registered address);
• document's name;
• cost of claim;
• confirmation of inheritance rights (kinship, drawn up will);
• information about inherited property;
• circumstances of application, requirements;
• information about other applicants (if available);
• list of attached documents;
• Date of preparation;
• applicant's signature.

payment of state duty

the amount of the state fee when filing a claim depends on the value of the claim, since the claim for inheritance is a property claim.

It is better to clarify the formula for determining the amount of the fee and the account for the transfer in the office when submitting the application. They are usually based on the estimated value of housing in the BTI certificate taken on the date of opening of the inheritance (the day of death of the testator).

In addition to the basic amount, an additional 300 rubles are charged for each establishment of a legal fact necessary in the case.

price of inherited share, in rubles	amount of state duty
up to 20 thousand	4%, not less than 400 rub.
up to 100 thousand	800 rub. + 3% of the amount exceeding 20 thousand.
up to 200 thousand	3200 rub. + 2% of the amount exceeding 100 thousand.
up to 1 million	5200 rub. + 1% of the amount exceeding 200 thousand.
more than 1 million	13200 rub. + 0.5% of the amount exceeding 1 million

The state duty does not depend on the degree of relationship with the testator. the amount is calculated only on the basis of the estimated value of the property (aka the cost of the claim) in accordance with Art. 333.19 of the Tax Code of the Russian Federation.

actual acceptance of inheritance through registration in court

Entry into the right of inheritance can be accomplished by actually accepting the inherited property. In order for the procedure to be recognized as legal, the heir must perform certain actions that prove his attitude to the property as his own.

For example, living in an apartment, measures to ensure the safety of property, payment of utilities, debts of the testator.

Such actions of the heir must be confirmed by testimony, checks, receipts, repair contracts, certificates, receipts.

The fact of acceptance of the inheritance should be established in court. Without an appropriate court order, the heir will not be able to dispose of the property (sell, donate, exchange, bequeath).

This also applies to situations where the heir is the only claimant to receive the inheritance. The legislation does not establish specific deadlines for filing a claim for actual acceptance of an inheritance.

The application is considered according to a simplified procedure.

Application to establish the fact of acceptance of inheritance

How and when do you draw up an application to establish the fact of acceptance of an inheritance? What information is included? What documents should I attach?

Why do you need an application to establish the fact of acceptance of inheritance?

Such an application is submitted to the court when it is necessary to confirm that the heir has actually accepted the inheritance. For example, if the heir did not submit an application to the notary within 6 months, but performed other actions indicating his acceptance of the inheritance.

Ways to accept an inheritance:

• filing an application for acceptance of inheritance with a notary. If the inheritance is completed in a timely manner, the heir submits to the notary an application for acceptance of the inheritance and issuance of a certificate of inheritance. Such an application is usually drawn up directly in the notary’s office in order to take into account the existing specifics, but a general sample can also be used. Download: Application to a notary for acceptance of an inheritance (general sample)
• taking possession or management of inherited property. Possession generally refers to the possession or use of property. Taking possession of real estate is recognized, for example, as living in an apartment, house owned by the deceased, or moving into residential premises after the death of the testator within 6 months after his death, using any things that belonged to the deceased, including his personal belongings (for example, clothes , dishes, telephone, furniture, etc.). Cohabitation of the heir with the deceased presupposes the actual acceptance of the inheritance, even if such residential premises are not the property of the testator and are not part of the inheritance. Management is actions aimed at preserving inherited property and ensuring its normal use, as well as protecting it from encroachments or claims of third parties.
• taking measures to preserve inherited property, protecting it from encroachments or claims of third parties. These measures include, for example: installing a lock or equipping the deceased’s apartment with a security alarm; transferring certain things from the testator’s apartment to himself in order to preserve them; appeal to a notary or other official with a statement to take measures to protect inherited property; filing a claim by the heir against persons who have unjustifiably taken possession of the inheritance.
• the presence of expenses for maintaining the inherited property. The heir is expected to pay taxes on inherited property, utility bills, insurance premiums, purchase food for pets, pay for repairs to the testator's car, pay for renovations of an apartment, a summer house, and other similar actions.
• payment at one’s own expense of the testator’s debts or receipt from third parties of funds due to the testator. To confirm such actions, the heir must submit the relevant documents: a loan agreement or receipt.

If the heir has performed one of the listed actions within 6 months after the death of the heir, but the notary has doubts and there is no written evidence clearly indicating acceptance of the inheritance, then the heir is forced to confirm the fact of acceptance of the inheritance through the court.

Please note that if you miss the 6-month deadline for accepting the inheritance, you should apply to the court not with an application to establish the fact of acceptance of the inheritance, but with a statement of claim to restore the deadline for accepting the inheritance:

How to draw up an application to establish the fact of acceptance of an inheritance

The application shall indicate the following information:

• name of the court. The application is submitted to the district court at the applicant’s place of residence.
• personal data of the applicant. Usually the full last name is indicated. First and middle name. home address. on which the applicant will receive notices from the court. For prompt communication, you can provide your phone number and email address.
• data of the interested party. All heirs of the deceased are usually listed as interested parties, even if they do not claim the inheritance. If there are no heirs, the local administration (if real estate is inherited) or the territorial department of the Federal Property Management Agency (if movable property is inherited) are indicated as interested parties.
• name of the application: Application to establish the fact of acceptance of the inheritance.
• in the text of the application it is necessary to indicate the date of death of the testator, how the applicant’s right of inheritance is confirmed, who else is the heir and whether they accepted the inheritance, the composition of the inherited property, what property and in what way the heir accepted, how this can be confirmed. The text of the application must indicate the purpose of going to court and the circumstances indicating the impossibility of resolving the issue in another extrajudicial way.
• Further, the applicant’s requirements, attached documents are indicated, dated and signed.

Documents confirming the fact of acceptance of inheritance

The following documents are recognized as evidence of actual acceptance of the inheritance:

• certificates from the passport office about the cohabitation of the heir with the testator on the day of the latter’s death, about the heir’s residence in the inherited residential premises;
• certificates from local government bodies, management bodies of housing, dacha, and garage cooperatives about the use by the heir of the property included in the inheritance (for example, about the use of a garage, about the cultivation of a land plot, about the repair of a dacha, etc.);
• receipts for payment of taxes, insurance, utility bills, contributions to cooperatives and other payments in relation to inherited property or certificates from relevant authorities containing information about the receipt by these authorities of funds from the heir;
• agreements with legal entities on repairing inherited property, leasing property, installing a security alarm, etc.;
• receipts for repayment of a loan received by the testator, or other debt of the testator, issued by a bank or other organization;
• a copy of the heir's statement of claim to the persons who unjustifiably took possession of the inherited property for the issuance of this property with a court mark on the acceptance of the case for proceedings and a court ruling to suspend the issuance of a certificate of the right to inheritance;
• other documents confirming the heir’s performance of actions indicating acceptance of the inheritance.

The above list contains the most commonly used documents, but is not exhaustive.

Documents and certificates must confirm that the actions for the actual acceptance of the inheritance were performed by the heir within the period established for acceptance of the inheritance.

Certificates and other documents emanating from state bodies and local governments, as well as other bodies and organizations, must be drawn up in accordance with the general rules of office work.

Such a document must be drawn up on letterhead or have an appropriate stamp, seal, as well as an originating number, the date the document was compiled, and must be signed by an official of this body or organization, indicating his position, with a transcript of his signature.

Payment documents (receipts) for which payment was made through a bank must contain a note from the bank indicating that they were accepted for execution or that the payment was made

Filing an application to the court and its consideration

An application to establish the fact of acceptance of an inheritance is submitted to the court at the place of residence of the applicant, including the inheritance of real estate. Such cases are subject to jurisdiction only by district (or city) courts.

You can submit an application at any time. There are no statutes of limitations for such claims.

An application to establish the fact of acceptance of an inheritance can be submitted in person or sent by mail.

The application is considered within 2 months from the date of its filing with the court. The court notifies the applicant and interested parties of the date of consideration of the case. At the court hearing, it is necessary to present original documents confirming the fact of acceptance of the inheritance or invite witnesses who will confirm this fact.

Sample application to establish the fact of acceptance of inheritance

In ___________________________ (name of court) Applicant: _____________________ (full name, address) Interested person: ___________

(full name or name, address)

Application to establish the fact of acceptance of inheritance

“___”_________ ____ died _________ (full name), which belongs to me _________ (indicate the relationship with the testator). After his death, an inheritance was opened, which consists of _________ (indicate a list of inherited property).

This property came into my possession, and I actually accepted the inheritance. This is confirmed by _________ (written evidence, full names of witnesses).

• Within the period established by law, I did not apply to the notary authorities to obtain a certificate of inheritance _________ (specify the reason).
• Currently, I need to obtain a certificate of inheritance rights, but the notary office (notary) refused to issue a certificate for the reason _________ (indicate the reason for the refusal).
• In accordance with Articles 131-132, 264 of the Civil Procedure Code of the Russian Federation,
• Ask:

1. To establish the fact that I accepted the inheritance that opened after the death of _________ (full full name of the testator), the deceased “___”_________ ____g.

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copies of the application
2. Document confirming payment of state duty
3. Evidence confirming family relations with the deceased
4. Evidence confirming the fact of acceptance of inheritance
5. Evidence confirming the fact of opening of inheritance (copy of death certificate) and the availability of property by the testator

1. Date of application: “___”_________ ____ Signature _______

Lawyer's answers to questions about drawing up an application

Tell me, who can be an interested party, if there are no other heirs, when registering an inheritance for a land plot?

In your case, the interested party must indicate the local administration. The answer to this question is contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29.

2012 N 9 “On judicial practice in inheritance cases”: Based on paragraph 3 of Article 1151 of the Civil Code of the Russian Federation, as well as Article 4 of the Federal Law of November 26, 2001 N 147-FZ “On the entry into force of part three of the Civil Code of the Russian Federation » pending the adoption of the relevant law defining the procedure for inheritance and accounting of escheated property that passes by law into the ownership of the Russian Federation, as well as the procedure for transferring it into the ownership of subjects of the Russian Federation or into the ownership of municipalities, when courts consider cases of inheritance on behalf of The Russian Federation is the Federal Agency for State Property Management (Rosimushchestvo) represented by its territorial bodies, which exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner of federal property, as well as the function of accepting and managing escheat property; on behalf of the federal cities of Moscow and St. Petersburg and municipalities - their respective bodies within the competence established by the acts defining the status of these bodies.

I need to register land rights after my father's death. None of the heirs lay claim to it. Within 6 months from the moment the inheritance was opened, I did not do this, so we actually lived on it and the question of registration did not arise. How should I file an application to the court?

If everything is in order with the documents for the land, there is no dispute between the heirs about the division of the plot, and you have actually accepted the inheritance, you need to fill out an application for acceptance of the inheritance using this sample.

How to correctly write a statement of claim for acceptance of an inheritance?

Complete an application using this sample. The fact of acceptance of an inheritance is established in a special proceeding, and not in a lawsuit. If there is a dispute about the right, a statement of claim is filed to recognize the right of ownership of the inherited property, and as part of the consideration of such a case, the fact of acceptance of the inheritance is also established.

Statement of claim to establish the fact of acceptance of inheritance and recognition of ownership rights

Statement of claim to establish the fact of acceptance of inheritance and recognition of property rights. The plaintiff’s mother died, after whose death an inheritance was opened in the form of a one-story residential building, which was bequeathed to the plaintiff by her mother on the basis of a will. In addition, after the death of my mother, hereditary property in the form of a land plot was opened.

The plaintiff did not contact the notary’s office within the period established by law. At the same time, the plaintiff actually took possession of the inherited property, since, after the death of her mother, she paid for living quarters and related utilities, made the necessary expenses aimed at maintaining the inherited property, and took the necessary measures to preserve it.

The plaintiff asks the court to establish the fact that the plaintiff accepted the inheritance.

In the ___________ district court of the __________ region_________________________________

plaintiff: ______________________________

____________________________________________ (mobile phone ________________)

• defendant: Administration of Konshinsky rural settlement _____________ district ___________ region___________________________________________
• third parties: Department of the Federal Service for State Registration, Cadastre and Cartography for the _____________ region________________________________
• ___________ branch of OGUP "____________ real estate center"_______________________________________________
• Interdistrict Inspectorate of the Federal Tax Service of Russia No.__ for ____________ region___________________________________________
• Territorial department (__________ district) of the Rosnedvizhimost Administration for ___________ region_________________________________
• Notary ________________For registration of inheritance located at the address: Russia, ___________ region, ___________ district
• Cost of claim: _________ rubles

State duty: based on clause 1, part 1, art. 333.19 of the Tax Code of the Russian Federation, the state duty is ________ rubles

Statement of claim to establish the fact of acceptance of the inheritance and recognition of the right of ownership of the inherited property __________ the year my mother died, __________, after whose death an inheritance was opened in the form of a one-story residential building with a total area of ​​_______ sq. m. m., located at the address: _________ region, __________ district ____________ s/s s.

_________, which was bequeathed to me by my mother on the basis of a will dated ___________. In addition, after my mother’s death, inherited property was opened in the form of: a plot of land with an area of ​​_______ sq. m. m.

, an agricultural land plot located at the address: __________________________________________________ Ownership of the specified real estate in the name of ______________ is confirmed by a Certificate of State Registration of Rights dated __________, Certificate of State Registration of Rights dated ___________.

Based on the decision of the magistrate of judicial district No. ___ ____________ district _________ region dated __________ year, by way of inheritance, the law recognized my ownership of a room with an area of ​​______ square meters. m., located at the address: ___________________________________________ – last place of residence ____________By virtue of Art.

1141 of the Civil Code of the Russian Federation, I am the heir of the first priority to the property left after the death of my mother. According to Part 1 of Art. 1154 of the Civil Code of the Russian Federation, an inheritance can be accepted within six months from the date of opening of the inheritance. However, I did not contact the notary’s office within the period established by law. In accordance with Part 2 of Art.

1153 of the Civil Code of the Russian Federation, it is recognized, until otherwise proven, that the heir accepted the inheritance if he performed actions indicating the actual acceptance of the inheritance, in particular, if the heir: took possession or management of the inherited property; took measures to preserve the inherited property, protect him from encroachments or claims of third parties; made at his own expense expenses for the maintenance of the inherited property; paid at his own expense the debts of the testator or received funds due to the testator from third parties.

At the same time, I actually took possession of the inherited property, since, after the death of my mother, I pay for housing and related utilities, make the necessary expenses aimed at maintaining the inherited property, and took the necessary measures to preserve it. In addition, I am the heir to will for property left after the death of the mother in accordance with Art. 1118 of the Civil Code of the Russian Federation, which is confirmed by a will dated __________, which was not canceled or changed. In addition, I bear certain costs for the maintenance of land plots, paying all the necessary taxes, and also carry out the necessary work on their cultivation.

In accordance with Art. 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it. Acceptance by the heir of part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located.

When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds .Acceptance of inheritance under conditions or with reservations is not allowed.

Acceptance of an inheritance by one or more heirs does not mean acceptance of the inheritance by the remaining heirs. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir's right to the inherited property, when such a right is subject to state registration.

By virtue of clause 9, part 2, art. 264 of the Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change, termination of personal or property rights of citizens and organizations depends. The court considers cases to establish the fact of acceptance of an inheritance and the place of opening of the inheritance. Consequently, in this case there are all grounds for satisfying the application for establishing the fact of acceptance of the inheritance and recognition of the right of ownership of the inherited property, which opened after the death of my mother.

Based on the above and guided by Art. 264 - 268 Code of Civil Procedure of the Russian Federation, Art. Art. 1141, 1152, 1153, 1154 Civil Code of the Russian Federation, -

for running a personal subsidiary plot, a plot of land - a share in the right ____ for agricultural production, located at the address: ___________________________________, which opened after the death of my mother - _______________, who died in _____________.2.

Recognize for me, ______________________ the right of ownership by inheritance under a will to a residential one-story brick house _____ year of construction, total building area _____ sq. m. m., total living area _____ sq. m., living area – _____ sq. m., utility area – _______ sq. m.

, area of ​​auxiliary premises (loggias, balconies, verandas, terraces) ____ sq. m., located at the address: ________________________________, left after the death of my mother - ____________________, who died on __________.3.

Recognize for me, _______________________, the right of ownership by inheritance under a will to a land plot with an area of ​​______ sq. m. m. for running a personal subsidiary plot, located at the address: _______________________________, left after the death of my mother - _________________, who died ________ years.4.

Recognize for me, ____________________, the ownership of _______ share in the right to a land plot for agricultural production, located at the address: ______________________________, remaining after the death of my mother - __________________, who died in ____________.

5. In order to prepare the case for trial, I ask you to request from the notary of the ____________ district of the _________ region a copy of the inheritance file in relation to the property of _______________, who died on ____________.

Applications:1. receipt of payment of state duty; 2. copies of the statement of claim; 3. copy of passport _____________;4. copy of death certificate ____________;5. a copy of the divorce certificate;6. copy of death certificate _____________;7. a copy of the certificate of state registration of rights dated _____________;8.

a copy of the certificate of state registration of rights to a land plot with an area of ​​________ square. m;9. a copy of the certificate of the right to inheritance by law;10. copy of resolution No. ____ dated ___________ year;11. brief description of home ownership;12. copy of marriage certificate _____________;13.

power of attorney dated ______________; 21. application dated ____________; 22. a copy of the certificate of state registration of rights dated ____________; 23. copy of the decision dated _____________;24. cadastral plan for the land plot ____ sq. m; 25. land management; 26. cadastral plan for the land plot;27.

certificate of state registration of rights dated ____ year;28. power of attorney dated ______________;

1. 29. Birth certificate ______________
2. _______________
3. " " ______________ of the year.