Statement of claim for recognition as having accepted the inheritance

Entering into inheritance is a procedure regulated by law. The rights to property are transferred from the testator after the proclamation of the will. If this document is declared invalid by a court or is missing, then successors are determined legally.

In what cases is an heir recognized as not accepting the inheritance?

If the claiming party is in no hurry to take possession of the property, then it is recognized as inactive. In this case, after the expiration of the period, the heirs, by court decision, are recognized as having refused.

The procedure for removing a claim to inherited property from an heir is shortened if he writes a refusal. Only a document certified by a notary has legal force. The status of renounced inheritance is obtained after the will is read out. Until this moment, it is impossible to refuse bequeathed values.

In Art. 1157 clause 2 of the Civil Code of the Russian Federation states that the recipient has the right to refuse the received values ​​even after their acceptance. If the recipient dies before signing the document, this right passes to his relatives. The expression of will must have a legal basis, i.e. notarized.

If the heir wishes to receive the inheritance, but missed the deadline for accepting the inheritance

If the applicant fails to appear at the trial without a valid reason, the applicant is automatically recognized as not accepting the inheritance. But a citizen has the right to apply to the court to return his status as an heir and to accept the bequeathed property.

To apply to a judicial authority, you must generate the following package of documents:

1. A correctly written application.
2. Personal data of the plaintiff and the deceased, proving their relationship.
3. Request for the return of the possibility of accepting an inheritance.
4. Evidence of valid reasons why the first-priority plaintiff did not enter into inheritance on time.
5. Facts explaining the validity of the claim to the property.

The procedure requires some effort. If the documents are correctly drawn up and the demands are legal, the court takes into account the wishes of the requesting party. If the request is granted, the heir receives 6 months to take possession.

The petition may be refused, since the court has the right to classify failure to appear as a violation of the deadlines for accepting the inheritance without a good reason. In this case, receipt of the property will be denied, and the plaintiff will remain in the status of renounced inheritance.

Return of status is possible if the reason for failure to appear in court is the following circumstances:

1. Disease.
2. Ignorance of the fact of death.
3. Living in another country.

Each of these reasons is proven, the facts of the impossibility of attending the meeting are confirmed.

If the heir does not claim the inheritance and the refusal is not formalized

It often happens that the claiming party does not act. In this case there is no violation of the law. After 6 months, the court makes a decision on assigning the status of a refusal.

Refusal to accept an inheritance is a legal act that is documented. Inaction is not considered a refusal. According to the Civil Code of the Russian Federation, the refusal is formalized and certified by a notary.

There are two types of waivers:

1. A categorical refusal.
2. Refusal in favor of the other claimant.

In the first case, the statement is small in volume, it looks like this:

“I, Petr Vladimirovich Ivanov, renounce my part in the inheritance of my mother Ivanova Lidia Mikhailovna, who died on December 11, 2013.” The cap is filled out by a lawyer.

The text of the second type of petition contains an indication of the person to whom the right of ownership is transferred. For example: “I refuse in favor of Maria Vladimirovna Ivanova, my sister,” etc. The exact templates are available from notaries.

A capable person has the right to independently declare the refusal of inheritance. However, in the case of official incapacity, the person must have the certified consent of a relative or guardian.

Minor citizens have the right to refuse their share. But they cannot act independently. Guardians or parents are issued a special permit from the Guardianship and Trusteeship authorities. In this case, the following documents are required:

1. Statement from the legal representative.
2. Personal statement written independently (if the person is over 10 years old).
3. A document confirming a claim to inherited property.
4. A copy of the death certificate.
5. Copies of identification documents of representatives.
6. A copy of the child's birth certificate or passport (from 14 years old).
7. Motivation explaining the reasons for refusing to inherit property.

A response to the request is provided within five working days. An important point that determines some of the nuances in accepting an inheritance is the difference between the concepts of “ownership” and “right of use.”

The right of use does not imply taking possession of the inheritance. In this case, you can abandon the property in favor of another claiming party, but retaining the right of use.

It is not legally necessary to issue a refusal. However, inaction will complicate the progress of the matter. Often, heirs meet their relatives halfway, or enter into a preliminary agreement to reduce costs when accepting property.

1. Inherited property of an escheatable nature.
2. Refusal is impossible in favor of those who are obviously deprived of inheritance.
3. It is impossible to refuse a share of the inheritance. You can only accept 100% of the property or refuse it completely.
4. It is not intended to be waived in favor of persons not specified in the will.
5. It is impossible to refuse in favor of third parties who are not relatives of the deceased.

In some cases, refusal may be considered illegal. To do this, it is necessary to prove that the heir was insane, was in a deliberate delusion, became a victim of deception or violence, or was threatened. The victim may try to prove that he did not understand the consequences of his actions.

The main reasons for refusing an inheritance:

• the testator has an outstanding debt, several loans, etc.;
• the property has a price that is incomparable with the costs of legal services and taxes;
• difficulties with the division of movable property;
• dilapidated condition of the property;
• judicial red tape, which takes a lot of effort and time.

Acceptance of inherited property is accompanied by a thorough check of the testator's encumbrance.

Statement of claim for recognition of acceptance of inheritance

In accordance with Art. 1153 of the Civil Code of the Russian Federation, Part 2, it is possible to determine a person recognized as having accepted the inheritance (until proven otherwise) into ownership rights if:

• the fact of use of the property has been established;
• attempts were recorded on his part to protect the received values ​​from the claims of third parties;
• he spends his funds on maintaining the inherited property;
• repaid the debt of the testator or became the owner of funds due to the deceased.

Activities are carried out within 6 months after the decision is announced. This is an advantage for the successor if interested parties appear who claim to receive the bequeathed values.

Actual consent to accept a valuable inheritance is established by the Federal Notary Chamber. Taking possession is certified by a notary. To do this you need:

1. Provide the lawyer with documents confirming your taking possession of the property.
2. Apply for a Certificate.

The notary issues a supporting document after examining the case. He has the right to refuse if any violations have been identified or there is evidence of fraud. Inheritance acquires a legal basis after the trial. There are 2 options for this type of statement:

1. Establishing the fact of acceptance and recognition of the right to inheritance.
2. Resolution recognizing the right to property based on the facts presented.

The first type of petition is filed if there is only one heir, or there are no disputes between potential successors. In the second case, in addition to a request to confirm the fact of acceptance of the property, the application contains a substantiation of the claims of the claiming parties and a request for clarification of the share ranking for each participant in the process.

The claim to the court is legal if one of the claiming parties has actually accepted the use of the inherited estate, but this is disputed by a third party.

The claim for acceptance of inheritance has strict regulations and is verified by the court. A claim is a document that must comply with the established procedure.

The introductory part or “heading” of the claim contains:

• information about the court department;
• personal data of the plaintiff;
• information about third parties (addresses and contact details);
• price of the statement of claim;
• title of the article and description block (personal data of the testator, property, information proving the fact of taking possession of the property).

After the main part there are additional information that is important for the court:

• evidence base (list of documents confirming the legality of the claim);
• applications;
• date, month, year of the claim;
• signature.

Arbitrage practice

In judicial practice, there are common cases when attempts are made to enter into an inheritance of property that has already been taken possession of by one of the heirs. In this case, the party who accepted the property by law confirms the presence of actions confirming the active use of the inheritance and care of the received property.

The subject of disputes may be a residential building. In the event of becoming an heir, mandatory actions are expected to be taken to pay housing and communal services, debts and other costs of maintaining the house. Carrying out major repairs will be an advantage when disputes arise.

Sometimes an agreement is reached between the parties to renounce legal claims to inheritance. This is necessary to bypass the mandatory tax system. One refuses in favor of the other, thereby the tax is paid by one heir, then the relatives resolve the issue of dividing the property privately by prior agreement.

Relinquishment of ownership in favor of relatives while retaining the right to use may be relevant if the potential heir does not have the means to maintain the resulting property. For example, a brother renounces ownership in favor of his sister, but retains the right to reside in it.

Application for recognition as having actually accepted the inheritance

Guided by Articles 194, 198 of the Code of Civil Procedure of the Russian Federation, the court decided: In the claim to Petukhov V.V. to Meshanova L.V. refuse to recognize the heir as not accepting the inheritance. August 29, 2012

In January 1999, my mother died. There are three children left - three sisters. A will was drawn up for me and my younger sister on my mother’s side for property in equal shares (house, land). However, none of us approached the notary with an application to accept the inheritance under the will. We simply began to share the house after our mother’s death.

According to the agreement, my sister had to pay all utility costs and taxes, and I had to maintain the house in proper condition. In the summer of 1999, I purchased building materials to renovate a house (sales receipts were saved), and workers were hired (the contract was saved).

In the summer of 2002, the younger sister moved permanently to another city and never appeared in the house again. It turned out that she had not made any payments on the house, and the debt had accumulated. I paid all my debts (I have receipts).

I am 75 years old, I have lived in this house for 10 years, I keep it in proper condition, I have no debts on taxes and payments. Currently, the middle sister and the younger sister’s daughter are claiming parts of the house.

What statement of claim do I need to file in court in order to register inherited property? Will this be a statement of fact or should there be defendants? Do I have a right to all the property under these circumstances? If not, then what part of the inheritance will belong to me, and what to the middle sister? Does the daughter of a younger sister who did not inherit the right to inheritance?

In the claim to Petukhov V.V. to Meshanova L.V. refuse to recognize the heir as not accepting the inheritance. After listening to the report of judge N.V. Yarotskaya explanations of the plaintiff Petukhov V.V. his representative Savelyev L.V. July 26, 2012

1155 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 it from encroachments or claims of third parties, made at your own expense the costs of maintaining the inherited property, paid at your own expense the debts of the testator or received funds due to the testator from third parties. That is, since you actually accepted the inheritance, YOU have the right to have this recognized in court.

According to the application of the heir who missed the 6-month deadline established for accepting the inheritance.

the court may restore this deadline and recognize the heir as having accepted the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court in within six months after the reasons for missing this period have disappeared. Upon recognition of the heir as having accepted the inheritance, the court determines the shares of all heirs in the inherited property and, if necessary, determines measures to protect the rights of the new heir to receive the share of the inheritance due to him (clause 3 of this article).

STATEMENT OF CLAIM for recognition of the ownership of residential premises by the person who actually accepted the inheritance. The defendant is the heir of ____ queue and according to Art. 1141 of the Civil Code of the Russian Federation does not acquire the right to accept an inheritance

STATEMENT OF CLAIM. on recognition of ownership of housing. for the person who practically accepted the inheritance. receives the right to accept an inheritance already accepted by the heir.

STATEMENT OF CLAIM. on establishing the facts of acceptance of an inheritance, invalidating a will, a certificate of the right to inheritance according to Art. 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, the heir must accept it.

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Statement of claim for recognition of ownership of an apartment by the person who actually accepted the inheritance

on recognition of ownership of an apartment by a person,

actually accepted the inheritance

Citizen of the Russian Federation _____________________________________ died (died) “___” _________ _____. (a copy of the death certificate is attached).

The will _________________________ has not been drawn up.

According to the law, I am the heir of the first priority (a copy of the birth certificate is attached). There are no other first-degree heirs.

Within the 6-month period established by law, I did not apply for acceptance of the inheritance. However, during this period, I, as an heir, committed actions that constituted acceptance of the inheritance in accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation.

• In particular, since ____ I have owned the following inherited property: ___________________________________________________________________________________
• I have taken appropriate measures to preserve the property and protect it from claims of third parties: _______________________________________________________________________________.
• I have paid taxes on inherited property, utility and insurance payments, as well as: _______ __________________________________________________________________________.
• I paid the testator’s debts at my own expense and received funds due to the testator from third parties.
• The inheritance includes an apartment located at the address: _________________________________________________________________________________.

In accordance with paragraph 2 of Art. 1152 of the Civil Code of the Russian Federation, ownership by an heir of a part of the inheritance means ownership of all inherited property, wherever it is located and whatever it consists of.

The defendant is the heir of the ___ order and in accordance with Art. 1141 of the Civil Code of the Russian Federation does not have the right to inheritance accepted by the heir of the previous stage.

1. At the same time, the defendant may claim the following inherited property: _______________________________________________________________.
2. These circumstances can be confirmed by witnesses:
3. residing at: ______________________________________________________________
4. residing at: ______________________________________________________________.

Based on the above and on the basis of Art. 12, 1141, 1153 Civil Code of the Russian Federation, Art. 131, 132 Code of Civil Procedure of the Russian Federation

• 1. establish the fact of my acceptance of the inheritance that opened after the death of _________________________________________________________________________, including: _____________________________________________________________________________________
• 2. recognize my ownership of the apartment located at the address: _____________________________________________________________________________________
• cadastral number __________________________________________________________________.
• · copy of the statement of claim
• · a copy of the apartment plan at the address: ________________________________________________ as of “___” ________.
• · copy of the testator’s title document No.______ dated “___” ________.
• · a copy of the explication of the apartment located at the address: _______________________________ as of “___” ________.
• · a copy of an extract from the house register for the apartment located at the address: ____________________________________ as of
• · copy of personal financial account
• · copy of death certificate
• A copy of the plaintiff's birth certificate
• · receipt of payment of state duty
• · list of inherited property

· certificates from local government bodies, housing authorities, garage cooperatives about the heir’s use of property included in the inheritance (for example, about the cultivation of a plot of land, the use of a garage, the repair of a summer house, etc.)

· certificates from local government and internal affairs bodies, housing maintenance organizations on the fact of the heir living together with the testator or the heir living in the inherited residential premises

· agreements on leasing property, repairing inherited property, installing a security alarm, etc.

1. · receipts for payment of taxes and payments, certificates from government agencies confirming receipt of funds from the heir
2. · a copy of the heir’s statement of claim against the persons who unlawfully took possession of the property
3. · other documents confirming the heir’s performance of actions indicating acceptance of the inheritance.

Statement of claim for recognition of ownership of residential premises for the person who actually accepted the inheritance

Statement of claim for recognition of ownership of residential premises for the person who actually accepted the inheritance

• In the _______________ district (city) court of the ______________ region (region, republic)
• Plaintiff: ___________________________________ (last name, initials, address)
• _________________________________________, phone: ___________, E-mail ____________.
• Defendant: ________________________________ (last name, initials or name)
• Address: _____________________________________, Phone: _____________, E-mail: ___________.
• STATEMENT OF CLAIM for recognition of ownership of residential premises for a person
• actually accepted the inheritance

____________________________________ died in "___"_________ ____ (a copy of the death certificate is attached). A will _____________________ has not been drawn up.

By law, I am the heir of the first priority (a copy of the birth certificate is attached). There are no other first-line heirs. Within the period established by law, I did not contact the notary with an application to accept the inheritance.

However, during this 6-month period, I, as an heir, committed actions in accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation by actual acceptance of the inheritance. In particular, I (or a representative) from “___”___________ ____ took possession (or management) of the following inherited property: _______________________________________________________________________

1. ______________________________________________________________________.
2. I have taken measures to preserve the inherited property, protect it from encroachments or claims of third parties: ________________________________________________________________________________
3. ______________________________________________________________________.
4. From my own funds I paid taxes on inherited property, utility bills, insurance premiums, as well as: __________________________________________________________________________
5. ______________________________________________________________________.
6. I paid the testator’s debts at my own expense and received funds due to the testator from third parties.
7. The inheritance includes an apartment at the address: _______________________.

In accordance with paragraph 2 of Art. 1152 of the Civil Code, the actual taking possession of at least part of the inherited property is considered as the actual acceptance of all the inherited property, no matter what it consists of and where

no matter where it is.

The defendant is the heir of ____ queue and according to Art. 1141 of the Civil Code of the Russian Federation does not acquire the right to accept an inheritance already accepted by the heir of the previous stage.

At the same time, the defendant claims the following inherited property: __________________________________________________________________________.

residing at: ___________________________________________________.

In connection with the above and on the basis of Art. Art. 12, 1141, 1153 of the Civil Code of the Russian Federation, Art. Art. 131, 132 Civil

• procedural code of the Russian Federation
• — to establish the fact of my acceptance of the inheritance that opened after the death of _______________________________________________________________, including: _______________________________________________________________________ _______________________________________________________________________. - recognize my ownership of the apartment (residential premises) located at the address: _________________________________________________,
• cadastral number _________________________.
• The original documents attached in copies will be presented at the court hearing.
• Date ___________ Signature ___________________________

Actions for the actual acceptance of the inheritance can be performed either by the heir himself or by other persons on his behalf, and it should follow from the nature of such actions that it is the heir who intends to accept the inheritance. (clause 36 of the “Methodological recommendations for registration of inheritance rights” (approved by the Board of the Federal Notary Chamber on February 28, 2006).

Management involves actions aimed at preserving the inherited property and ensuring its normal use, as well as protecting it from encroachments or claims of third parties.

In particular, the transfer by an heir of any property from the testator’s apartment to his own apartment, the transfer or acceptance by the heir of the testator’s property for storage, the installation of additional locks in the premises in which the testator’s property is located, etc.

Management of inherited property can be carried out both while owning it and without owning and using it, but exerting a certain influence on it.

For example, carrying out repairs, leasing any property of the testator, paying the debts of the testator, thereby preventing foreclosure on the inherited property, etc. (clause

37 “Methodological recommendations for registration of inheritance rights” (approved by the Board of the Federal Notary Chamber on February 28, 2006).

Court decision on recognition of the actual recipient of the inheritance, recognition of property rights in the order of inheritance according to Law No. 02-4100/2016

IN THE NAME OF THE RUSSIAN FEDERATION

September 30, 2016 Moscow Dorogomilovsky District Court of Moscow composed of presiding federal judge Gusakova D.V. under secretary V.D. Smorodova having considered in open court a civil

Sample statement of claim for recognition as heir

On this page you can download a template for a statement of claim for recognition as an heir, prepared by our lawyers taking into account the requirements of the current procedural legislation and the accumulated experience of its practical application.

It happens that for one reason or another you were not included in the number of heirs, for example: you did not know about the death of the testator, or you did not know about the will drawn up in your name, or you did not have the opportunity to declare your rights earlier, etc.

• In such a situation, you will have to go to court with a demand to recognize you as an heir and recognize your ownership of the inherited property.
• Our contact phone number: 8 (495) 510-70-16.

1. In ________________________ (name of court and address) Plaintiff: ________________________
2. (full name and address)
3. (full name and address)
4. (full name and address)
5. State duty: ______ rubles.
6. STATEMENT OF CLAIM for recognition as heir
7. LEAVE WHAT YOU NEED:

Defendant: _________________________________ Third party: ________________________ Price of the claim: ______ rubles; I, _____________ (indicate full name), am _______ (indicate degree of relationship) in relation to the testator ___________ (indicate full name), who died ___________ (indicate date). I am an heir by law / or by will (specify as appropriate) after the death of the testator. During his lifetime, ______________ (indicate the full name of the testator) he owned the property: An apartment located at the address: ________________________; Land plot: area _______ sq. m., located at the address: ______________, with cadastral number: _____________; Residential building, residential purpose, total area ______ sq. m., located at the address: ________________; Funds in a bank account in ________ (account No. ________________, deposit ____________ (if any) in the amount of _________ as of __________________. Car brand ____________, VIN number: _____________, _____ year of manufacture, color _________. After the death of the testator, the defendant turned to to the notary with an application to accept the inheritance, after which he was issued a certificate of right to inheritance for all of the above property. At the same time, I did not contact the notary within the period established by law due to the fact that: _________ (briefly indicate the reason). But it should note that I actually accepted part of the inheritance. After the death of the testator, I continued to use the following property, which belonged to the testator on the day of death: __________ (specify the property). Having learned that the defendant had registered ownership of all this property, I also appealed to a notary, but was refused because I missed the deadline for accepting it.Due to the fact that I actually accepted the inheritance, I currently intend to formalize my rights to a share in the inheritance of this property. The testator has other first-degree heirs (indicate if you are entering into an inheritance by law and the testator has living parents, children or a spouse. In the head of the claim, indicate them as third parties). The fact of acceptance of the inherited property is confirmed by the fact that I took actions indicating its actual acceptance, in particular, I took possession and management of it, took measures to preserve the inherited property, protect it from encroachment or the attraction of third parties, carried out at my own expense, expenses for the maintenance of the inherited property, paid at his own expense the debts of the testator. Thus, the fact of taking possession can be confirmed by the testimony of witnesses admissible by the Code of Civil Procedure of the Russian Federation as a means of proving the above facts. Indicate which specific actions you performed from the above. I have the keys to the apartment, because... I continue to live in it. The fact of payment of utilities and maintenance of the apartment is confirmed by receipts for payment of the relevant services (copies of receipts in the attachment). I also paid membership fees to SNT “Yubileiny”, i.e. property included in the inheritance estate (a copy of the Membership Book with notes on payment of fees in the attachment). I believe that I took actions indicating acceptance of the inheritance actually after the death of the testator _________ (indicate full name), who died ______ year. According to Art. 264 of the Code of Civil Procedure of the Russian Federation, the court establishes the facts on which the emergence, change, or termination of personal or property rights of citizens and organizations depends. The court considers cases to establish: the fact of acceptance of the inheritance and the place of opening of the inheritance. 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 an heir of a 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. According to Art. 1142 of the Civil Code of the Russian Federation, the heirs of the first priority according to the law are the children, spouse and parents of the testator. In accordance with Art. 1112 of the Civil Code of the Russian Federation - the inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations. According to Art. 1114 of the Civil Code of the Russian Federation, the composition of the inheritance is determined on the day the inheritance is opened. According to Art. 218 of the Civil Code of the Russian Federation, in the event of the death of a citizen, the right of ownership of property belonging to him is inherited by other persons in accordance with a will or law. In accordance with 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, took possession or management of the inherited property, took measures to preserve the inherited property, protect it from encroachment or attractions of third parties, incurred 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. According to paragraph 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” the heir who accepted the inheritance, regardless of the time and method of its acceptance, is considered the owner of the inherited property, the bearer of property rights and obligations with the day of opening of the inheritance, regardless of the fact of state registration of rights to the inherited property and its moment (if such registration is provided for by law).

Calculation of claims and the amount of state duty:

— According to the technical passport for the apartment, its inventory value (or indicate its market or cadastral value) is ______ rubles. — The cost of a land plot with a total area: ________ sq. m., according to the cadastral extract of the land plot is ________ rubles; — The cost of a house with a total area of ​​____ sq. m., at the address: ________, according to the independent assessment report (or cadastral extract) is _______ rubles; — The amount of funds in the bank account ________ (account No. _______, deposit “_____”) is ________ rubles; — A car of brand ______, VIN number: ________, _____ year of manufacture was purchased under a sales contract for ________ rubles; In total, the amount of claims is _________ rubles (specify calculation). The plaintiff also filed a demand to establish a fact of legal significance. Thus, the amount of state duty payable is ________ rubles (i.e. 000000 + 00000) rubles. I believe that my demands set out in the statement of claim are based on the law. Based on the above, guided by Art. Art. 12 Civil Code of the Russian Federation, art. art. 22, 131-132 Code of Civil Procedure of the Russian Federation,

I ASK THE COURT:

1. Establish the legal fact of acceptance of the inheritance by the plaintiff ______ (indicate your full name), _______year of birth (indicate your date of birth), after the death of ____________ (indicate the full name of the testator), deceased __________ year;
2. Recognize for the plaintiff ______ (indicate your full name), ownership of _____________ (indicate property), in the order of inheritance after the death of ____________ (indicate the full name of the testator), who died on __________;

Application:

1. A copy of the statement of claim for the parties to the case, the court and third parties; 2. Receipt of payment of state duty; 3. A copy of the death certificate of the testator; 4. A copy of the will (if there is one); 5. Copy of birth certificate; 6. A copy of the certificate of ownership of the property; 7. A copy of an extract from the house register; 8. A copy of the receipt for payment of utilities and maintenance of the apartment; 9. Copies of other documents confirming the circumstances stated in the claim; Date of application “____”____________ 20____

Plaintiff's signature ____________

Claim for recognition of the heir as having accepted the inheritance

Home » Inheritance » Statement of claim for recognition of the heir as accepting the inheritance

The standard inheritance procedure involves the heir filing an application with a notary office located at the place of residence of the deceased person.

However, in practice, it happens that a person interested in receiving an inheritance has to apply to a court, after which inheritance occurs on the basis of a court decision.

What does actual acceptance of an inheritance mean?

The term for the actual acceptance of the inheritance mass is disclosed in the Resolution of the Supreme Court of the Russian Federation dated April 23, 1991 No. 2.

• Based on this document, the actions of a person recognized as an heir, aimed at taking possession, protecting, and using the property remaining after the death of the person, constitute the actual acceptance of the inheritance mass.
• The implementation of these actions can be confirmed by the payment of utility bills, the transfer of premises for rent, the return of the original appearance, and so on.
• These actions must be completed no later than 6 months from the date of death of the testator.
• A claim is submitted to the judicial authority in the case where one of the heirs has actually accepted the inheritance, but there are other persons recognized as heirs who do not agree with this.

If such a dispute does not arise, then the procedure for transferring the right is implemented by issuing a certificate of inheritance of property from notaries. In order to actually accept the inheritance, the heir has half a year. If the heir does not contact the notary within the specified period, the deadline is considered missed.

Reinstatement of the deadline is allowed only in the presence of circumstances that can be recognized as valid. Such circumstances may be considered:

1. Illness of the heir;
2. Lack of information about the death of the testator;
3. Residence in the territory of a foreign state.

The procedure for restoring the deadline can only be initiated by going to court, by filing an appropriate claim. If the court considers the presence of these reasons to be valid, it makes a decision to restore the term.

An appeal to the court must be carried out no later than six months from the moment the plaintiff no longer has the circumstances due to which he missed the deadline.

If one of the heirs files a claim to recognize the property as already actually accepted, then a court decision makes the distribution of shares among the remaining heirs. The court decision may also provide for measures to protect the rights of the new heir who actually accepted the property upon receipt of his share of the inheritance.

1. If this heir has previously received a certificate of inheritance of property, then after the court makes a decision, it is considered to have no legal force.
2. Contacting a notary
3. In the case where the heir actually accepted the property, he must record this action in a document that has legal force.
4. To do this, he must contact a notary with a corresponding application.
5. Next he must:

1. Provide information proving the actual acceptance of the inheritance (receipts for payment of utilities, testimony of witnesses, presentation of photographs);
2. Submit an application for a certificate of inheritance rights.

If providing such information is impossible, or the notary does not consider it sufficient, the heir may appeal to the judicial authority.

In this case, two different applications can be submitted:

1. an application to establish the actual acceptance of the property;
2. application for recognition of rights to inheritance, which is actually accepted.

Despite the fact that at first glance these two requirements seem similar, they have a main difference - in the content of the requirements.

The first document is characterized by a requirement to confirm the fact of use of the property as the actual acceptance of the inheritance.

As a rule, such claims are filed when there is only one person recognized as an heir or in the case when there are several heirs, but there is no dispute regarding the inheritance.

• The second document expresses the requirement to recognize the person’s right to receive this property as an inheritance, which he has already actually begun to use.
• Such claims are filed when a dispute arises between heirs over shares of property.
• You can download the statement of claim to recognize the heir as having accepted the inheritance here.
• The second difference between these requirements is the review procedure:

1. The first application is considered in special proceedings;
2. for the second, litigation is provided.

1. The law allows for the execution of one document that expresses several requirements.
2. Rules for drawing up a statement of claim
3. A statement of claim is a legally significant document that is considered only if it is drawn up in accordance with the requirements specified by the legislator.
4. An application submitted to the court must have several parts:

1. «Hat" (introductory part), containing:
   1. Information about the name of the court that will review the document;
   2. Information about the applicant (full name, place of residence, contact telephone number);
   3. Information about persons called to participate in the court hearing (other heirs or authorities);
   4. cost of claim.
2. The main part, which begins with the words “Statement of claim for recognition of acceptance of inheritance”;
3. The descriptive part includes:
   1. Information about the deceased person who is the testator (personal data, place of residence, date of death);
   2. Information about the property mass;
   3. Information about what actions were taken to actually accept the inheritance (evidence of use of the property, maintaining it in the required condition, paying the costs of its maintenance).
4. The part where the heir must indicate what exactly he wants to determine by a court decision (the fact of accepting the inheritance, the fact of having the right to receive this property as an inheritance)
5. List of documents attached to the application;
6. Date of document preparation;
7. Applicant's signature.

Recognition of those who did not accept the inheritance

Invalidation of the apartment purchase and sale agreement

08.09.2022 — 13:17

Hello! Since 2000, I was the owner of the apartment, was registered and permanently lived in it together with my daughter. In 2007 I met a man and began to live with him without formalizing the relationship. Then I registered him in my apartment.

The lawyer, S.O. Koroleva, responded:

Hello Galina!
You need to go to court with a claim to declare the agreement for the sale and purchase of an apartment invalid and to apply the consequences of an invalid transaction, referring to Art....

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Recognition of a transaction as invalid due to abuse of rights

03.09.2022 — 13:14

We bought an apartment from a man, he inherited it, and sold it almost immediately after registering it with a notary. The price was good, we bought it. It has now turned out that at the time of the sale and purchase there was a legal dispute regarding her on the claim of another heir who missed the deadline for accepting the inheritance. The seller didn't tell us about this.

The lawyer, S.O. Koroleva, responded:

Hello Anna!
According to paragraph 1 of Art. 10 of the Civil Code of the Russian Federation does not allow the exercise of civil rights solely with the intention of causing harm to another person, actions in circumvention of the law with illegal...

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Invalidation of a contract after its termination

03.09.2022 — 13:14

Good afternoon The seller and the buyer entered into an agreement to terminate the purchase and sale agreement, but the issue of returning the money paid was not resolved. Does one of the parties have the right to go to court with a claim to declare the contract invalid after its termination (regardless of the grounds for invalidity)?

The lawyer, S.O. Koroleva, responded:

Hello Daria!
Based on paragraph 1 of Art. 450 of the Civil Code of the Russian Federation, the contract can be terminated by agreement of the parties.

According to paragraphs 2, 3 of Art. 453 of the Civil Code of the Russian Federation upon termination of the contract, the obligations of the parties...

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Cancellation of a will and invalidation of it

29.08.2022 — 13:10

The lawyer, S.O. Koroleva, responded:

Hello Svetlana!
Article 61 of the Fundamentals of the Legislation of the Russian Federation on Notaries imposes on the notary the obligation to notify the heirs of whom he knows about the opening...

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Registration of a share of a house by inheritance

23.08.2022 — 13:06

Hello, please tell me, mother and son Nikolai each owned 1/2 share of the house since 1982. after the death of the mother, since 1995, 1/2 share belongs to the son Vladimir. son Nikolai died in 2003, after his death from 2004-2005, 1/6 of the share belongs to his father, wife and daughter, a disabled child. father died in 2009.

The lawyer, S.O. Koroleva, responded:

Hello Irina!

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Recognition of the heir as not accepting the inheritance

20.08.2022 — 13:04

Hello! My son's father died (we are divorced), a month later his wife died. Her mother (who lived with them) filed an application for acceptance of the inheritance under the transmission, and also died before receiving documents for the inheritance. In this case, can my son receive full share of the property from the father, if there are no other first-line heirs?

The lawyer, S.O. Koroleva, responded:

Hello Oleg!

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Recognition of a gift agreement as invalid after the death of the donor

20.08.2022 — 13:04

Hello! This is the situation. During her lifetime, my grandmother and my brother drew up a deed of gift for her house. After my grandmother died, my aunt and uncle filed a lawsuit against my brother to challenge the deal. Can they challenge the deal? My brother has already received a summons to appear in court.

The lawyer, S.O. Koroleva, responded:

Hello, Veronica!
Your uncle and aunt, as children of your grandmother, are the heirs of the first line. They have every right to challenge transactions made by their grandmother during her lifetime, since after them...

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The fact of cohabitation with the testator

19.08.2022 — 13:03

Hello! If, after 2 years from the death of a spouse, no one has claimed inheritance rights to real estate (including themselves and children), then is it necessary to formalize the inheritance in some way? Provided that the husband and wife were registered in different objects of inherited real estate. Where should I go if I still need to apply? Thank you!

The lawyer, S.O. Koroleva, responded:

Hello Irina Petrovna!

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Recognition of the loan agreement as not concluded due to lack of money

10.08.2022 — 12:56

Hello! Is it possible to invalidate a notarized loan agreement if, after signing it, the money was never provided to us? At the same time, it was noted in the agreement that the money was received by the borrower. How can we prove in court that we did not receive money?

The lawyer, S.O. Koroleva, responded:

Hello, Sergey!

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Recognition of a claim by a defendant in arbitration proceedings

08.08.2022 — 11:51

We are plaintiffs in an arbitration case. The claim is practically undisputed, the documents are all signed, we are owed money for the work performed. At the court hearing, the representative of the defendant, who had the authority to acknowledge the claim written in his power of attorney, orally stated that he agreed with the claim, the circumstances set out by us in the statement of claim were true.

The lawyer, S.O. Koroleva, responded:

Hello Gleb!
In accordance with Part 3.1 of Article 70 of the Arbitration Procedure Code of the Russian Federation, the circumstances referred to by a party in support of its claims or objections are considered recognized by the other...

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Recognition of a gift agreement as invalid after the death of the donee

03.08.2022 — 12:51

My aunt signed some papers (in her words) to her ex-husband. As a result, he became the owner of 1/2 share of the apartment. The second part of the apartment belongs to their granddaughter. The aunt remains registered in this apartment. The ex-husband died. Can my aunt get her rights back? She is not a guardian.

The lawyer, S.O. Koroleva, responded:

Hello Alexey!
Most likely, either a gift agreement or a purchase and sale agreement was concluded between your aunt and her ex-husband. In any case, the aunt will be able to return the share in the apartment only in...

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