Heirs of the second stage according to law without a will

The second line of heirs by law includes full and half-blood brothers, sisters, grandparents of the deceased on the maternal and paternal lines.

According to the law, heirs of the second stage can take advantage of the opportunity to inherit the property of their close relative in two cases:

• there are no first-degree heirs;
• the primary heirs renounced their right to inheritance.

To understand who belongs to full and half brothers and sisters, let’s look at these concepts in more detail.

Which of the heirs belongs to the second stage

So, full brothers and sisters are those persons who have common parents with the deceased, born from the same mother and father. In other words, these are brothers and sisters who are related to each other.

In turn, half-siblings are born from only one common parent (father or mother). Most often, such situations happen when the deceased was in several marriages, from each of which there was a child. Accordingly, children from each marriage will have incomplete consanguinity. They are more often called half-siblings.

If there is a will

Typically, inheritance occurs primarily by will and only when the testator has not left one, the property is transferred to other persons by law according to the order established by law.

During his lifetime, a person can make a will for any person, and a second-degree relative will be no exception. Having a will, heirs of the second priority will be able to freely enter into inheritance rights, bypassing the legal order (the only exception is heirs who have the right to an obligatory part of the inheritance).

If there is a will in favor of a second-rank heir, the primary heirs (children, spouse, parents of the deceased) are automatically disinherited.

Thus, inheritance by relatives of the second degree is legal if it was the will of the testator, regardless of whether the heirs of the first degree like it or not.

Inheritance by law

If the testator did not draw up a will during his lifetime, then inheritance occurs in the order of legal priority. Without a will, the inheritance will initially go to first-degree relatives, which include children, legal spouses, and parents.

It happens that the deceased does not have a single representative of the first degree of kinship, then the main contenders become other closest relatives according to the law of the second priority - brothers, sisters, grandmothers, grandfathers of the testator.

The situation is different if there are still children, a spouse or parents, but for various reasons they all wanted to give up the property. Then the inheritance also passes to the next stage according to the law and the heirs of the second stage must submit a corresponding application to the notary.

All property will be distributed equally among all available secondary heirs . Each of them can refuse his share, and then this share will be distributed among the remaining heirs. You can also make a refusal in favor of a specific person from the circle of heirs, then this share will go to that person.

It often happens that a brother or sister dies before they have time to formalize the inheritance that they were entitled to by law.

Children of brothers and sisters (nephews of the deceased) have the right to claim inheritance property that their parents did not manage to accept and register.

Receiving an inheritance instead of one's parents is called inheritance by right of representation. This process also occurs without a will.

Determination of relationship with the testator

To register an inheritance, the heir first needs to submit an application to a notary to enter into the inheritance. This must be done within six months from the moment the relative died.

Then the notary who will open the inheritance case will have to establish the fact of family relations between the deceased and the heir of the second priority, if the inheritance is without a will.

To prove the fact of family ties, it will be necessary to present relevant documents, based on which it will be possible to establish this connection. These may be the following documents:

• birth certificate of the deceased;
• brother (sister) birth certificate.

From these two documents it can be determined that the deceased and the heir have a common parent.

If the heir has a different surname than the testator, then you must have a certificate confirming the reason for the change of surname:

• certificate of change of surname;
• marriage certificate.

If the grandmother or grandfather of the deceased applies to receive an inheritance, it is necessary to present the birth certificate of their child - that is, the parent of the deceased and the birth certificate of the deceased himself.

It happens that such documents could have been lost, then it is necessary to restore them at the registry office. Another option is when the notary who will open the inheritance case can obtain information by making a request to the registry office.

Another way to establish the family ties of the deceased and the second-order heir is to go to court. The court's decision will also be taken into account when issuing an inheritance.

Heirs of the first and second priority without a will: features of the inheritance procedure

Legal advice > Inheritance > Heirs of the first and second stages without a will: features of the inheritance procedure

It is so customary in our country that rarely does anyone make a will. And few people understand that it is precisely this that can solve many problems in the future regarding inheritance.

If no will was drawn up during your lifetime, then the process is a little different. There are several lines of heirs who can lay claim to what is left of a person after he passes away.

Most often, the heirs of the first and second stages take part in the process.

Before moving on to the issue of queues of heirs, it is necessary to dwell in more detail on the question of how the process itself occurs and how long it takes.

It should be noted that according to the law, no person can enter into inheritance rights immediately after the death of a person. To do this, six months must pass, and only after this period the heirs can enter into inheritance.

Very often this process quarrels between relatives, since everything has to be divided into parts (especially if one apartment or car is divided, etc.). And that is why, if a will has not been drawn up, the law considers this issue.

If, for example, there are four heirs (that is, a person has four children left), then his property remaining after death will be divided in equal parts, regardless of which of the children is older. Therefore, everyone will receive one-fourth of the deceased’s property.

It must also be said that six months must be counted not from the day of a person’s death, but from the next day after the events occurred. This does not always happen after death. Often a court decision is made that a person is declared dead. In addition, there is a certain circumstance when, after the death of a person, his direct heir is born. Then the date is calculated from this day.

After the entire required period has passed, the heirs (or heir) can come to the notary and legally assume their rights. True, all notaries recommend using the help of a lawyer, especially if there are several applicants, in order to avoid unnecessary delays, as well as nervous situations that are created due to ignorance of the basic laws about this process.

Groups of heirs. First of all

Separately, we need to talk about existing groups of heirs, since if there is no will, then the process occurs this way. Most often, the matter does not go beyond the first group of relatives who have a priority right to inherit.

The first stage usually includes:

• Parents of the deceased person. This includes the mother and father who survived their children at the time of their death. In this case, they have the same rights as other heirs of first priority. Separately, it is necessary to say about the parents of adopted children. They also have the right to inherit if their child dies. In addition, even if the legal marriage of the parents was dissolved long before death, then each of the parents also has the right to inherit. Particular attention is paid to those parents who have been deprived of parental rights. In this case, they have no right to claim the inheritance, except in the case where parental rights were restored shortly before the sad event. Also, if parents at some point abandoned their child (adopted), then they should not participate in this process in any way
• The spouse of a deceased person. A lot of questions arise with this group, which mainly concern divorced couples, as well as those couples who lived in a civil marriage. It must be said right away that only the legal spouse can take part in the inheritance, that is, the one with whom the person is currently married, and besides, there is no divorce process going on, which most often lasts for several months. If people lived in a civil marriage, then it is fashionable to participate in inheritance only when the spouse can prove that they have been dependent on the person for a year. But it’s not always possible to prove this, especially when it comes to people who are not of retirement age. Also, former spouses do not have the right to participate in inheritance, even if they have lived for more than a dozen years
• Children of a deceased person. Here, only those children whose father or mother is listed as a deceased person on their birth certificate can enter into inheritance. It is also allowed to inherit an illegitimate child whose paternity was proven in court after a genetic examination before the person’s death. It should be noted that the law protects minor children and disabled people by guaranteeing them a share in property. Only those children who are not deprived of the right to inherit can take part in the process

Indirectly, other descendants of the deceased person can be included in the first group of heirs. The term “other descendants” refers to grandchildren and great-grandchildren if the children are no longer alive. There is one peculiarity in this case. If the child is not alive, but his children are, then they will inherit the property in equal shares, that is, the installing part will be divided by the number of grandchildren.

If we talk in general about the primary heirs, then we need to touch upon the issue of shares. If there are several heirs, then the property will simply be divided into equal parts, and no attention will be paid to who the person is. The main thing is that the fact of direct relationship is proven.

Groups of heirs. Second stage

Second line - brothers and sisters, grandparents

Today it is not uncommon for the heirs of the second stage to inherit. These include:

1. Close relatives such as a brother or sister. Moreover, they can be either half-brothers and sisters or relatives. In this case, proof of relationship is also required
2. Close relatives, namely grandparents. This includes grandparents, both on the mother's and father's side. It is necessary to say about relatives on my father's side. Sometimes this needs to be proven, since the parents may be divorced, or the person did not take any part in the child’s life

This group of relatives has the right to begin to participate in the process only in several cases:

• If all the heirs of the first priority pass away before the death of the person whose property is planned to be divided
• If the primary heirs are deprived of such a right or are recognized as unworthy
• If the primary heirs renounced their rights
• If there are no primary heirs at all, that is, the person did not have a spouse, and there were no children in his entire life

Of course, today it is rare for anyone to renounce their rights to inheritance, and that is why the fact of transfer to relatives of the second group occurs only due to their death or deprivation of rights. The law also addresses the process of replacing a relative of this group.

It is possible if a person passed away before or on the same day as the one whose inheritance is divided. Then the right passes to the children, that is, nieces or nephews. The inheritance process is very complex and many families often quarrel on this basis, since they do not always know the laws and rules, and try to divide what does not belong to them.

The process of inheritance

Before going and taking over, the heirs of the first and second stages must perform several actions that will make life much easier in the future:

• You need to collect all the necessary documents, it is advisable to start doing this in advance, as sometimes papers are lost or found somewhere else. Among the documents that need to be collected will be:
• Document confirming the death of a person
• A document that confirms the right to inheritance
• Other documents
• Find out exactly whether a person has drawn up a will. This is not difficult to do; you need to go to a notary and ask him to check this fact. He, in turn, will make inquiries about all other notaries. If there is one, then you need to go exactly to where the will was drawn up
• Find a notary who can correctly carry out the inheritance procedure.
• It is advisable to ask everyone you know, as there are companies that have just opened and may make mistakes that are unacceptable

After all previous steps have been completed, you can calmly wait for the date when it is advisable to begin the process of acquiring rights. The inheritance procedure itself looks something like this:

1. A person finds a notary who deals with such matters
2. He writes a statement to him, in which he speaks of his desire to take over his rights.
3. Pays for the company's services. Today, the calculation occurs as a percentage. So, for close relatives of the first and second order, the percentage will be 0.3. As for the rest, it will be equal to 0.6. In addition, the maximum amount of this payment should not exceed 100 thousand rubles. And there are a number of benefits that you can take advantage of. If the heir lives in the residential premises that he inherits, then a discount is applied, which must be checked with a notary
4. Registration of property. This period takes approximately six months. It is considered from the moment the inheritance is opened. This does not mean that you can’t live there, it’s just that it’s impossible to do anything with the property (exchange, sell, donate, etc.)
5. In the event that an apartment, residential building, or land is inherited, you must contact
6. Rosreestr in order to obtain a certificate. Once this has been done, the inheritance procedure can be considered completed.

Mandatory share in inheritance

Even if the will does not indicate first priority heirs, they have the right to a share of the inheritance

For a certain category of people, the law provides rules according to which they have no right to be infringed. So, for example, if a relative nevertheless made a will, but did not indicate certain persons in it, then they still have the right to their part of the inheritance, regardless of whether they are included in the paper or not. Such people include:

1. Children who have not reached the age of majority at the time of death
2. Children who, for one reason or another, cannot work, even if they are over 18 years old
3. Dependents who have lived with the person for at least a year and have direct evidence of the fact that he fully supported them. This usually happens when people are of retirement age. But sometimes young people who for some reason do not work and are registered with the employment center can also prove the fact of their maintenance
4. Parents who are not working at the time of death
5. A spouse who can also prove their incapacity

It is these categories of people who have privileges regarding inheritance. Not everyone considers this fair, since often they are not directly related to the deceased. But the law is the law. And if you want to prove something, then you need to go to court with a statement of claim and provide evidence refuting their privilege.

As for shares, they have the right to receive no less than half of the share that would be due to them if they entered into an inheritance on an equal basis with everyone else. But sometimes the court may reduce the share or refuse to award it altogether.

This happens when the direct heir will not receive anything if such a relative is given the due share. And from this moment everything is in the hands of the judge.

If the direct heir can convince him that he needs the inheritance more and show the relevant documents, then the dependent’s share can be significantly reduced.

Before entering into an inheritance and thinking that everything will be fine, it is better to find out about all the relatives, and if there are any, then find out their intentions.

Property and debts

Many people mistakenly believe that only property is inherited. Unfortunately, if a person has official debts, be they writs of execution or bank loans, then they are also inherited.

This is why some people fundamentally do not want to begin the procedure for becoming a citizen when they know that it is not worth it. If we are guided by the law, then if a person does not apply to a notary and does not enter into an inheritance, then the right passes to someone else.

And so on until a person is found who has assumed the responsibilities. There are two options for refusing an inheritance, which are often used by relatives of the first and second groups of heirs:

1. Refusal. This procedure must be carried out through a notary. A person can refuse in favor of someone else, or simply. In any case, there is no need to warn anyone (other relatives)
2. Non-acceptance. Most often, people do not even contact a notary in order to refuse an inheritance. They simply ignore the date of acceptance of rights, and are thereby automatically deleted from the list of heirs

As mentioned above, this is most often done when only debts are inherited.

"Deprived" heirs

Very often you can come across the concept of “unworthy” heirs.

Families have different relationships, and sometimes there are relatives who constantly provoke conflicts, ask for money, and also force them to leave the inheritance to them, or to increase the share if a will has been drawn up. Such people are recognized as unworthy and are completely crossed off the list, even if this is the only child of the deceased. In addition, the following are excluded from inheritance:

• Parents who are expected to inherit property from their child, but are deprived of parental rights. Or if the father, for example, did not pay child support, and now wants to get his share
• People who were entrusted with the responsibility for maintaining and caring for the deceased, but they did not do this

In addition, if, for one reason or another, a person from this list nevertheless received property, then he is obliged to return it, even if something was sold. Often, the heirs of the first two stages may conflict with each other over the inheritance. This happens when everyone needs housing or money.

Or when someone refused in favor of another, without thinking about the others. Despite family quarrels, the inheritance process will still take place strictly according to the law, and no emotions or experiences can in any way influence the judge’s decision. The only thing that can do this is documents.

That is why, before entering into an inheritance, you need to consult with an experienced lawyer who will give some important advice.

Heirs of the second stage according to the law without a will - who are they?

Heirs of the second stage are legally guided by Section 5 of the Civil Code of the Russian Federation. The rules are devoted to Inheritance Law. Interested parties independently take care of resolving the issue of inheritance.

The order of modern society is such that the heirs must be among their own blood. Therefore, distant relatives get involved, the state does not allow them to access the acquired property.

Definition under the Civil Code of the Russian Federation

Stepchildren have no claim to the property of the children of the new spouse.

The legislation equalizes adopted children and the natural children of the adoptive parent.

Infants are also called for hereditary division (Article 1116 of the Civil Code of the Russian Federation). The law protects the rights and interests of successors who were born after death, but the pregnancy occurred during the life of the testator.

The division of the inheritance mass is temporarily suspended and the authorized body does not issue a certificate. When an inheritance case is opened, it is not yet known whether the heir will be born alive.

A successful birth will continue to be processed and a certificate will be issued.

According to Russian law, children born through reproductive technologies are not called upon to inherit. The rules of law do not yet take into account the achievements of medical science.

Heirs of the second priority are called upon by law if a will is not left.

A will is a transaction establishing the rights and obligations of third parties upon the death of the testator.

The silent wish of the testator

A person, knowing about the legal rules of inheritance, understands that it is possible not to draw up a will. After all, the successors will be determined by law.

• People do not make bequeaths due to superstitions, belief in their own life expectancy and lack of funds.
• The heirs of the first and second stages are close relatives of the testator.
• The stages of succession established by law indicate specific persons in order to assign responsibility for the inheritance to them.

Challenge to inherit

Current art. 61 of the Fundamentals of Notary Legislation provides for notification and summoning of people to participate in inheritance proceedings. But in practice, notaries rarely use the article.

If the candidate does not accept the inherited property, there will be an increase in shares. The shares of others will increase equally.

The second line of heirs is immediately involved in the division of the inheritance if a person dies after his parents, without children, and unmarried.

Relatives of the second stage without a will receive an inheritance if the representatives of the first stage:

• signed a waiver at the notary;
• unworthy;
• died, declared dead by the court.

Deprivation of rights

The 2nd line of inheritance does not acquire anything with one candidate, who is the primary heir, the property goes to him alone.

The court recognizes the heir of the 2nd stage as unworthy, and he does not receive anything if:

• did not pay alimony to the deceased;
• committed a dangerous offense against the health or life of the testator, against other claimants to the inheritance;
• made attempts to violate the will (threatened, intimidated) of the deceased.

The court revokes the right to receive inherited property by the descendants of an unworthy heir.

Equality of shares

The successors enter into an agreement among themselves on the division of property (if things are indivisible). Inherited property becomes common property.

The co-heirs have no obligation to make a division. But the heirs prefer to end the community. They have the right to agree on the distribution of property taking into account compensation.

Remember the deadlines

The general period is six months from the opening of the inheritance. The period is long, established for the 1st stage: the inheritance must be accepted. Otherwise, the 2nd stage comes into effect. Here the law establishes 1/2 of the first term - three months. The heirs of the 2nd stage did not enter into inheritance, and the right appears to the 3rd stage.

The court extends the inheritance period if the successor indicates a valid reason for the absence (supporting documents are needed).

If the call for division of property occurs as a result of refusal, then the period of acceptance is six months from the moment the right of inheritance arises for other heirs (clause 2 of Article 1154 of the Civil Code of the Russian Federation).

If before the opening of the inheritance case the testator’s sibling has died, the right of representation applies. Substitutes receive equal shares within the limits of the share due to the ancestor. The law also applies if the testator and his brother/sister die on the same date. The parents die and the share goes to the nephews. The queue will stop further; the children of nephews do not belong to the 2nd queue.

The right of representation is a “lift”, allowing you to inherit forward or jointly with relatives who are closer in degree of relationship.

Violations and disputes

Sometimes relatives hide the fact of a person’s death, wanting to take possession of the property. The deceived person remains to prove ignorance of the death of the testator.

The calling of an unwanted heir provokes disputes over the inheritance.

A candidate for inheritance who did not know about the death of a relative or about the refusal that had occurred is forced to go to court and prove that he is worthy of restoration of the term. Judicial practice perceives the right to restore a deadline as personal - the legal successors of an heir who missed the deadline do not have the right to apply for restoration.

The temptation is great to take something secret from others. Those deceived have the right to take advantage of civil and criminal remedies: without waiting for the expiration of the period for accepting the inheritance, they file a claim for the inclusion of the hidden item in the inheritance. The problem is one of proof.

Detailed coordination of social relations in the field of inheritance compensates for gaps in legislation and solves problems of implementation of legal norms in practice.

Heirs of the second stage by law: 2nd stage of inheritance without a will

In Russian laws, an inheritance estate is property that is in the possession of the deceased during his lifetime. Such movable and immovable objects include securities, books, antiques, apartments, shares, shares, houses, etc. Please note that financial and insurance payments are not part of the inheritance. Thus, the funds are distributed equally among the successors.

When inheriting by law, there is a priority for the right to take over the property of a deceased citizen. Who heirs of the 2nd degree are and how they come into their rights is described in this review.

The legal information portal also provides consultations with lawyers specializing in civil law. To receive legal assistance, you need to fill out an online application form.

Civil Code and Article No. 1143

Russian legislation shows concern for the citizens of the country, both those who have already died and those who are still alive. Speaking about inheritance, it should be understood that the law clearly regulates persons classified as second-order successors without a will.

The priority in inheritance begins if the citizen did not leave behind a will, or it was declared invalid for a number of circumstances. Therefore, the testator’s property can pass to other people who are not his blood relatives.

The heirs of the first and second stages are the closest relatives. The first group includes parents, children and spouses. The second occurs if the successors of the 1st stage have not declared their rights, are recognized by the court as unworthy, have written a refusal to enter into an inheritance, or are absent altogether.

Heirs of category 2 are:

• grandparents on both lines of the testator;
• brother and sister.

When it comes to successors of the first degree, as a rule, no controversial issues arise. This is especially true for the maternal line. But paternal kinship is often proven through the judicial authorities. It is noteworthy that if the marriage union is not registered or there is no entry in the birth certificate, then these issues are also resolved through the court.

If the parents of the deceased are not recognized as successors due to circumstances, then their mother and father (grandparents of the deceased) belong to the second priority and have the right to claim the property of the testator if there is no will.

Please note that after World War II, a brother and sister are heirs if:

• there is a relationship on at least one line;
• if they have a common (uterine) mother.

Step-relatives cannot claim second-degree property because they have no blood connection with the deceased person. Russian legislation regulates persons who have rights to inheritance.

In other words, step-relatives do not have the right to claim the property of the deceased. However, in certain situations, they can become successors.

So, this applies to a situation in which the death of one successor in line occurs on the same day as the testator or before the moment when he could enter into inheritance rights.

The legislator also provides the right of representation when the second-order heirs are blood relatives and receive property for the parent. The division of the inherited mass is carried out in equal proportions between the successors of this category.

Distribution of inheritance between legal successors

When a deceased person does not leave behind a document with the last expression of his will, the laws of Russia come into effect. Civil law stipulates that heirs receive their due property of the deceased in order of priority. If there is a will, the notary's representative is obliged to take measures based on its contents.

So, if it is the turn of the second group, but the heirs of the 2nd degree accept the rights:

• Based on Russian laws, i.e. the property will be divided among the relatives of the current line.
• The property is divided in equal proportions. Exceptional situations include the right of representation.

Regarding the question of how the inheritance is divided between the heirs, we note that it looks like this:

• The spouse, child and father and mother of the deceased enter into their rights. This is a first degree queue. Grandchildren and their descendants may assert their interests only by right of representation.
• Grandmother, child, brother, sister. Nephews and cousins ​​by right of representation only.
• The uncle and aunt of the deceased, whether full-born or not, have the right to accept the property estate if there are no successors of the 1st and 2nd stages. Cousins ​​are able to inherit only by right of representation.

When the above-mentioned successors are absent, have written a renunciation of property, and are found unworthy, then other relatives are involved in the inheritance. These are great-relatives, descendants of nephews and grandchildren, etc.

Identification of the obligatory part in the heritage

According to the law, heirs of the second stage may not become the only successors of their category. The Civil Code of Russia provides for situations when you can claim a part in the inheritance, regardless of whether there is a will or not. Such persons are called obligatory successors. They are considered:

• A child who has not reached the age of majority or is disabled, incl. adopted children.
• Husband/wife who is physically unable to work and has documents confirming this
• Father/mother of the deceased.
• Citizens who were dependent on the deceased for more than one year.

The minimum amount of the obligatory share cannot be less than ²/₃ of the part that they would have received. Neither the judge nor the notary's representative can influence the volume.

Second degree successors can also receive an obligatory part of the inheritance if it is documented that they were dependents of the deceased. There is no need to obtain written consent to receive a mandatory inheritance share. The laws do not require such mandatory permission from other relatives.

How to enter into an inheritance?

The period allotted for entering into inheritance rights depends on the existence of a will. If it exists, then the acceptance of the testator’s property mass is carried out at any time after its announcement. In its absence, heirs of the 2nd degree (if there is no first category) are required to take possession of their rights no later than 6 months. after the opening of the inheritance case.

After the citizen has died, the persons in this line appear at the notary office and present the established package of documentation. Also provides identification documents. In the presence of a notary, the recipient of the inheritance writes an application for acceptance or refusal of it

The legislator provides for the possibility of challenging an inheritance from a successor of any order. This often happens due to the fact that the recipient of the 2nd stage tries to hide information about the death of the testator.

However, documentary arguments must be provided that no notification of the death of a relative was received - a death certificate.

It is better to dispute an inheritance with a lawyer who will not only consider the situation from the point of view of the law, but will also understand the documents and defend the interests of the client at the court hearing. If it is not possible to reach an agreement with negligent heirs through negotiations, turning to qualified lawyers will be the best solution.

Heirs of the second stage

The presence of inheritance queues makes it possible to involve legal heirs in accepting the inheritance sequentially.

Inheritance can be carried out by heirs of the second stage only if the heirs of the previous first stage, for one reason or another, did not exercise their right to receive the property of the deceased.

Heirs of the second priority have the right to expect to receive an inheritance only if the primary heirs:

• absent;
• renounced their inheritance rights;
• excluded from inheritance;
• deprived of inheritance rights by the will of the testator, reflected in the testamentary document.

However, if there is a will, the order of succession does not matter, since the heirs specified in the will will be called to inherit.

Thus, acceptance of inheritance by heirs of the second priority is possible if:

• the will was drawn up only for part of the property. The remaining part of the property not specified in the will is inherited in order of priority;
• the will was not drawn up, that is, the testator did not change the order of priority established by the norms of the Civil Code;
• if a testamentary document exists, but for one reason or another it is declared invalid.

The rights of the heir of the second stage, as well as the first, are somewhat different from other stages. Such persons have certain advantages when inheriting:

• The amount of the fee that must be paid when obtaining inheritance rights is 0.3% (for other stages except the first - 0.6).
• If the heirs who are in the second priority by law, having the right to receive a compulsory share, live in the living space of the testator, which is the object of inheritance, and do not have the opportunity to move to live in another place, the court will leave such living space for the heirs of the second priority. The only condition is the presence of registration in this living space.

Persons related and not related to the heirs of the second stage

Heirs of the second stage are the following categories of close relatives:

• brothers and sisters;
• grandmother and grandfather.

A brother and sister can be full-blooded, that is, have common parents, or half-brother, which means they have only one common parent.

There are cases when the testator had several marriages before his death, each of which had children. The children will have a half-blood relationship among themselves, being relatives only on the side of their mother or father.

The law calls such brothers and sisters half-blooded - if they have a common father and a half-brother - having a common mother.

The law does not differentiate between these categories of heirs belonging to the second stage; their rights are the same.

In order for a grandparent to be able to inherit property, they must also be related to their grandchildren. By decision of the judicial authority, a legal connection may be established between the adopted grandchildren and their grandparents, giving the rights to inheritance, which in this case will take place in a general manner.

Thus, in order to be able to be called to inherit for heirs of the second stage without a will, it is necessary to have a blood relationship among themselves. On which side the relationship exists (maternal or paternal) does not matter. In all other cases, the possibility of inheritance can only be determined by the court.

If parents with children are married, their children will not be related by blood. Such children are called stepchildren. They have no rights to inheritance.

At the moment, civil legislation provides for this possibility and gives them the right of inheritance upon presentation.

There is no provision for second-order heirs to enter into inheritance if they were deprived of such an opportunity, for example, if they were found unworthy.

Heirs of the second stage by right of representation

A separate type of inheritance is the possibility of inheritance by representation.

Its essence lies in the fact that some heirs who are not part of any of the queues are not completely excluded from the possibility of inheritance, and under certain circumstances they can receive the property of the deceased. This is possible in cases where they represent their closest relatives who died before the inheritance opened.

Heirs by right of representation of the second order are grandchildren or great-grandchildren, nephews, cousins ​​and brothers, great-grandmothers, great-grandfathers, representing their parents, grandparents, uncles and aunts who should have received the inheritance, but died before they received the opportunity to inherit.

Other inheritance queues cannot inherit from a view. Heirs of the first and third stages also have this opportunity.

Inheritance by right of representation differs significantly from hereditary transmission and is governed by other rules of law.

The right of representation arises if the heir died earlier than the testator or at the same time as him.

After an heir who died later than his testator, but did not have time to formalize his inheritance rights, in the manner required by law, the inheritance will pass to his heirs (by law or by will), and not to his descendants who have the right of representation . Such a rule in inheritance law is called hereditary transmission, which is regulated by the provisions of Article 1156 of the Civil Code of the Russian Federation.

How is the inheritance divided between second-order heirs?

The inheritance is divided among the second-order heirs in equal shares. All property of the testator is distributed equally among the heirs of the same order, unless the testator during his lifetime changed the order of inheritance in his will.

If one of the heirs was deprived of the opportunity to inherit as unworthy, his share is distributed among the other heirs proportionally. If there are no other heirs, the next line of heirs will be recognized for inheritance.

The law provides for another category of heirs, which must necessarily take part in the distribution of the inheritance - dependents. These may include both relatives and complete strangers, for example, a common-law spouse. To participate in inheritance, such persons must meet the following requirements:

• be disabled;
• receive material support from the deceased, which was the main source of livelihood;
• be a dependent of the deceased for a year before his death;
• live together with the deceased one year before his death (requirement for persons who are not relatives of the testator).

The inheritance between the second line of inheritance will be divided taking into account the dependent’s share, which will be equal to at least ¼ of the total inheritance of the deceased.

Acceptance of inheritance by heirs of the second stage

The heirs of the testator's second priority have the opportunity to accept the inheritance according to the general rules of inheritance. To do this, you must, within the period established by law (6 months), contact a notary with a statement confirming your intention to accept the inheritance and obtain a certificate. Such actions will confirm the fact of acceptance of the inheritance.

After the 6-month period, you must prepare the necessary documents and register ownership.

If there are several heirs and one of them does not accept the inheritance, but does not officially refuse it, or there are heirs of the previous line who do not take action to accept the inheritance, this issue must be resolved in court.

Taxes of second-order heirs

Taxes for second-order heirs, which must be paid upon entering into an inheritance, have been abolished. Such requirements are established by Law No. 78 Federal Law, starting in 2005, and relate to the first three lines of inheritance

When it comes to inheritance taxation, we mean the payment of a state duty, the amount of which is 0.3% of the total value of property acquired by inheritance rights.

Such tax requirements continue to apply this year. They treat the heirs of the second stage in the same way as the heirs of the first and third stage.

Minors in the second line of inheritance

Minor heirs of the second stage have the same rights as adult heirs, with the only difference that when drawing up all documents, parents or guardians sign for such heirs.

In the inheritance law of the Russian Federation, the interests of small heirs are quite well protected, therefore, if a minor heir expresses a desire to renounce his inheritance rights, or his guardians decide that accepting the inheritance goes against the interests of the child, the refusal will require the signatures of both his parents, and in some cases even and a court decision or permission from the guardianship authorities.

Parents or guardians will manage the property of a minor, but they will not be able to make transactions with such property without the permission of the guardianship authorities. Upon leaving their early childhood, children will be able to independently manage property, but with the permission of the parental guardianship authorities.

Heirs of the 1st and 2nd stages by law without a will

Last year, my friend's mother died.

They lived together with their mother and did not communicate with relatives, but when a friend applied for registration of the inheritance estate, it turned out that her mother’s brother was also laying claim to part of the property.

As a result, after communicating with a notary, this brother’s claims were recognized as unfounded, since my friend was the heir of the first stage, and my mother’s brother was only the second.

In Russia, the practice of drawing up a testamentary act is not very widespread and in demand. Typically, after the death of the owner of the property, successors are established through legal succession. This is where the most difficult cases in judicial practice arise.

Let's talk about what rights heirs of the 1st stage have when inheriting by law without a will and how these rights are transferred to the heirs of the 2nd stage. This point raises many questions that people voice on the Internet, so I will try to describe this situation as clearly as possible and highlight the most important features.

How is the order of succession determined?

Before moving on to a conversation about the procedure for determining heirs, it is important to note that Russian legislation provides for two types of inheritance of property:

In the first case, a special document is drawn up, which indicates all the heirs and their share of the property. In the second, the law already establishes seven groups of heirs, each of which includes certain persons who are (or are not) related to the deceased.

We are interested in the second option for receiving property, namely, the 1st and 2nd order of inheritance. Why exactly these groups? Because citizens from these categories inherit property most often. This point is regulated by Art. 1142-1145 and 1148 of the Civil Code of the Russian Federation. In short, family members closest to the deceased, taking into account consanguinity, are included in the first and second priority.

Their rights to receive the property of the deceased cannot be challenged by other successors.

Who is included in the first and second priority in inheritance by law?

The next heir is the recipient of the property of the deceased person, to whom this right is transferred after the official refusal of inheritance by the successor of the previous line.

In other words, persons included in each subsequent group of successors may receive the right to the inherited estate, provided that there are no claims from the heirs of the previous group. It is for this reason that it is important to understand who can claim the property of the deceased first and who can secondarily. Let's present the information in table form:

1st order of succession

2nd order of succession

First of all, we will talk about the immediate relatives of the deceased. These include: Additionally, it should be noted that illegitimate children and officially adopted children have the right to claim the inheritance in the first place. Spouses are heirs only when the marriage relationship is officially concluded. For parents, a restriction may be the deprivation of birth rights. All property is distributed equally among the heirs, except in cases when it comes to a mandatory marital share. In this case, 50% of the acquired property goes to the husband or wife, and the rest is distributed among the recipients.

When the heirs of the first priority are absent or refuse to accept the property, the right passes to the successors of the second priority: brothers and sisters of the deceased; Grandmothers and grandfathers; heirs by right of representation. Citizens are required to confirm their rights with official documents. It is noteworthy that half-brothers/sisters can also claim property, but half-siblings cannot. Grandparents can count on an inheritance without taking into account whose parents they are. As for inheritance by right of representation, if the heirs of the 1st and 2nd stages died before the completion of the six-month period for accepting the property, then the grandchildren and nephews of the deceased have the right to claim parent's property.

All these points are described in detail in the civil code, therefore, if questions arise, you can use this document to understand the situation. The best option is to contact a lawyer who handles just such cases.

Does the law allow representatives of each order to accept inheritance at the same time?

In Art. 1141 states that property is distributed among heirs of the same order and only in the absence of claims from at least one citizen, the right can pass to the successors of the next order.

Thus, it turns out that the law does not provide for simultaneous inheritance of the property of a deceased person by successors of different orders.

Conclusion

The topic of the note is very sensitive, since proceedings regarding the receipt of an inheritance occur quite often in judicial practice. To finish the article, I will make a few small conclusions:

1. If there is no testamentary act, then the inheritance procedure provides for the transfer of property by successors by law.
2. In the course of inheritance, seven groups of successors are distinguished by law. Each group is formed taking into account the degree of relationship between the deceased and the citizen.
3. Heirs of the second priority can lay claim to property only in the case where the first priority heirs have abandoned the property, are absent or have been found unworthy.