Sample application for restoration of the deadline for accepting an inheritance

According to the law of the Russian Federation, there is a certain period that allows you to receive an inheritance.

However, it often happens that for a number of reasons, citizens do not have time to meet the allotted period.

If the reason for the delay is valid, you can draw up an application to restore the missed deadline for accepting the inheritance.

 

Deadline for accepting inheritance

It is possible to take ownership of property before the end of six months from the moment the inheritance is declared open.

If this date coincides with the day of the presumed death of the testator, you can take possession of the property within 6 months from the moment the court declares the person officially deceased.

If a citizen renounces the inheritance, or its receipt is rejected according to the conditions specified in Art. No. 1117 of the Civil Code of the Russian Federation, the opportunity to inherit the property left behind is provided to other persons within a period of 6 months from the moment they have the right to claim the property left by the deceased.

In a situation where the heir, for some reason, has not received the property due to him by inheritance, the period for registering an inheritance for other persons is 3 months from the end of the stage for transferring the property to the first heir.

Consequences of late entry into inheritance

If for any reason the deadline for registering an inheritance is missed, there are two ways to resolve this situation:

1. through a notary;
2. through the court.

In reality, the first method is quite rare, because the heirs must have a fairly trusting relationship with each other so that they peacefully agree to extend the period for registering property for someone who did not complete the paperwork on time.

But even if the situation is resolved in such an easy way, the share of property inherited will become smaller. Basically, people in this situation are forced to go to court.

Grounds for going to court

The following circumstances may be a pretext for going to court:

• disagreement of one or more remaining heirs;
• the person who is late with registration is the only person to whom the inheritance is due;
• all applicants for the bequeathed property were late in completing the documents.

When you have to go to court because one of the heirs has objections, you need to draw up a claim that indicates information about all applicants for the inherited property and describes all the factors that caused the delay.

In the event that the only claimant for the inheritance did not complete the paperwork on time, the property passes to the state. In such a situation, the claim is filed against the municipality.

Filing a claim in court

In the process of drawing up a claim for restoration of the period for accepting an inheritance, you must indicate in the application the following required information:

• information about the person who left the inheritance, as well as about all claimants to the property;
• how the property is transferred - by will or by law;
• information about property being inherited;
• the reason why the citizen was late in completing the documents.

In the application, it is necessary to correctly formulate a petition to the court: “to extend the period for registering an inheritance, to approve the right to receive an inheritance.”

If the reasons for the delay are valid, the court will grant the request. The law describes some points that are considered respectful, but in life there are different circumstances that do not always depend on a person, so the court can make an exception if it considers the reason for being late to be worthy of respect and understanding.

State duty

When filing a claim to extend the period for accepting an inheritance, you must pay a state fee. Its amount is calculated based on the cost of the claim:

• if the cost of the claim is up to 20 thousand rubles, the amount of the fee should be 4%, but not less than 400 rubles;
• if the claim is more than 20 thousand, but up to 100 thousand rubles, the fee will be 800 rubles. + 3% of the claim amount;
• if the cost of the claim is above 100 thousand rubles, but up to 200 thousand, the fee costs 3 thousand 200 rubles. + 2% of the claim amount;
• claim above 200 thousand, but up to 1 million rubles, the fee is 5 thousand 200 rubles. +1% of the amount;
• the claim is higher than 1 million rubles, which means the duty should cost 13 thousand 200 rubles. +0.5% of the amount, but not more than 60 thousand rubles.

1. Therefore, the court considers this circumstance to be valid and accepts the application for consideration.
2. There are other reasons recognized by law as acceptable - a long business trip without the ability to contact the relatives of the deceased or a serious illness in which it is not possible to arrive at the place of registration of the inheritance on time.
3. If the heirs are minors or incapacitated citizens, for them the period for accepting the inheritance is most often extended without any particular difficulties, taking into account the fact that, for example, due to age, they previously did not have the legal right to draw up the relevant documents.

In some cases, ignorance of information about the death of the person who left the inheritance can also be considered as a valid reason.

But it will be necessary to prove that the applicant for the inheritance did not communicate with the deceased for a long time through no fault of his own and without hiding from the responsibilities of caring for the testator.

Such cases include, for example, a situation where the relatives of the deceased did not consider it necessary to notify the heir of the death of the testator.

There are situations when the heir is abroad without the opportunity to return to Russia due to refusal to issue travel documents, or if he was deported. In such circumstances, the court also considers a claim to extend the period for registration of inheritance in favor of the plaintiff.

Situations in which the law refuses to consider an application to increase the period for registering an inheritance

There are often cases when an heir, knowing about the inheritance due to him, writes a waiver of the property, but then for some reason changes his decision.

Under such circumstances, it is practically impossible to extend the period of inheritance.

If the applicant for the inheritance learned about the share due to him, but did not apply for registration of the inheritance within 6 months from that moment, this may also become a reason for refusal to extend the period.

Exceptions

It happens that the heir has not completed the documents for the inheritance, but in fact is already using the property of the deceased, for example, living in his living space.

The court believes that if the heir has in fact accepted the property due to him and 6 months have expired, there is no need to extend the period for entering into inheritance.

In addition, you can secure the right to own property if you provide the court with evidence of ownership of the inheritance (for example, caring for the deceased’s pets, paying utility bills, etc.).

However, if the heir has actually entered into the use of valuable property, but avoids any debt obligations, the court will refuse him, since in fact it is impossible to take possession of the inheritance selectively.

Statement of claim for restoration of the period for accepting an inheritance: sample

Extension of the period for accepting an inheritance is a matter of claim and is resolved in court. This period can neither be suspended nor restored. It can only be extended.

This can only be done by the court and only if the reason for missing the deadline is recognized by the court as valid. Good reasons may include illness, long business trips, stay in prison, etc.

You can do without going to court, however, the law allows this only in one situation, in which other heirs have not yet received a certificate of right to inheritance and each of them agrees to include the heir who missed the deadline.

I am the heir, since I am the deceased’s cousin (according to the will, by law - the degree of relationship must be indicated).

In accordance with Art. 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance (Article 1154 of the Civil Code of the Russian Federation), the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline by other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline ceased.

On February 10, 2016, I applied for acceptance of the inheritance to the notary Koroviev Fedor Ivanovich (full name), who refused me due to missing the deadline for accepting the inheritance.

1. (Additional circumstances should be indicated, for example, the essence of negotiations with the heirs who accepted the inheritance, and so on at the discretion of the plaintiff.)
2. Based on the above in accordance with Art. 1155 Civil Code of the Russian Federation
3. ASK:

Restore the deadline for accepting an inheritance after the death of citizen L.F. Gorokhov. (full name), living at the address Moscow, st. Kyiv, no. 94, apt. 12 (specify), died on March 31, 2015 (specify date).

Applications:

1. Copies of statements according to the number of persons participating in the case;
2. A copy of the death certificate of the testator;
3. Documents confirming the right to inheritance;
4. Refusal of the notary;
5. Documents confirming payment of the state duty (calculated as when filing a claim of a property nature subject to assessment (clause 1, clause 1, article 333.19 of the Tax Code of the Russian Federation).

September 29, 2016 ____________Filatov A.V.

• In _____________________________
  (name of court)
  Applicant ______________________
• (full name, address)
• STATEMENT
• on restoring the deadline for accepting an inheritance

“___” _________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (indicate the composition of the inherited property).

I am the heir of ___ (queue of succession) after the death of _________ (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (indicate good reasons for missing the deadline).

Besides me, the heirs are _________ (full name of the heirs, degree of relationship with the deceased). Other heirs also missed the deadline for accepting the inheritance; after the death of _________ (full name of the deceased), they do not lay claim to the inherited property.

1. In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, the court may restore this deadline and recognize the heir as accepting 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 within six months after the reasons for missing this deadline ceased.
2. Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
3. Ask:

Restore the deadline for accepting the inheritance of the opened “___”________ ____, after the death of _________ (full name of the testator).

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

1. Document confirming payment of state duty
2. Death certificate of the testator
3. Documents confirming the right of inheritance
4. Documents confirming the existence of inherited property
5. Documents confirming valid reasons for missing a deadline

Date of application “___”_________ ____ Signature of the applicant _______

Statement of claim to restore the deadline for accepting an inheritance: example

To the Central District Court of Moscow
(name of the court)
Applicant Gorokhov A.L.

(full name, address)

STATEMENT

on restoring the deadline for accepting an inheritance

On March 31, 2015, L.F. Gorokhov died. (Name of the deceased). After his death, an inheritance was opened, consisting of an apartment located at the address: Moscow, st. Kyiv, 94, apt. 12, a Toyota Supra 2000, a LG-E215S plasma TV and a Bosch SL212W washing machine (specify the composition of the inherited property).

I am the heir to the second line of inheritance (queue of inheritance) after the death of L.F. Gorokhov. (full name of the deceased) on the basis of _________ (indicate the grounds for inheritance, by law or by will).

I did not accept the inheritance within the established six-month period for good reasons: I was on a business trip (indicate good reasons for missing the deadline).

Besides me, the heirs are A.S. Seleznev, who is the deceased’s cousin (full name of the heirs, degree of relationship with the deceased). Other heirs also missed the deadline for accepting the inheritance for the inherited property after the death of L.F. Gorokhov. (Name of the deceased) do not apply.

1. In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, the court may restore this deadline and recognize the heir as accepting 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 within six months after the reasons for missing this deadline ceased.
2. Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
3. Ask:

Restore the deadline for accepting the inheritance that opened on March 31, 2015, after the death of L.F. Gorokhov. (full name of the testator).

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

1. Document confirming payment of state duty
2. Death certificate of the testator
3. Documents confirming the right of inheritance
4. Documents confirming the existence of inherited property
5. Documents confirming valid reasons for missing a deadline

Application submission date: September 29, 2016

Signature of the applicant _______ Statement of claim for restoration of the period for accepting an inheritance by law

from Gorokhov A.L. (FULL NAME)

place of residence Moscow, st. Kyiv, 94, apt. 12

Statement of claim

on restoring the deadline for accepting an inheritance

On March 31, 2015 (date of death of the testator), my father L.F. Gorokhov died. (full name and degree of relationship) residing at Moscow, st. Kyiv, 94, apt. 12 (specify address).

After his death, an inheritance was opened for the apartment that belonged to him, located at the address: Moscow, st. Kyiv, 94, apt. 12, a 2000 Toyota Supra car, an LG-E215S plasma TV and a Bosch SL212W washing machine (list property).

I am the heir of the second priority (indicate the priority of inheritance) on the basis (by law or by will), I permanently reside at the address Moscow, st. Kyiv, 94, apt. 12, has not been able to legally formalize his rights of inheritance for the following reasons: he was on a long business trip (specify the reason). These circumstances can be confirmed by witnesses:

1. Lipin E.V.;
2. Karii O.A.;
3. Kora A.A.

(indicate the names and addresses of three witnesses who will testify in court the reasons why you missed the deadline for inheritance)

I believe that I missed the established deadline for accepting the inheritance for a good reason, and therefore, on the basis of the above and in accordance with Art. 1141 and 1155 of the Civil Code of the Russian Federation,

ASK:

Restore my deadline for accepting the inheritance:

1. The apartment is located at Moscow, st. Kyiv, 94, apt. 12;
2. Toyota Supra 2000;
3. Plasma TV LG-E215S;
4. Washing machine Bosch SL212W.

(list the inherited property, attach an extract from the bank deposits, if the testator has any), located at the address: Moscow, st. Kyiv, 94, apt. 12.

Date 09.29.2016 ________________Signature

Statement of claim for restoration of the period for acceptance of inheritance under a will

place of residence Moscow, st. Kyiv, 94, apt. 12

Statement of claim

on restoring the deadline for accepting an inheritance

On March 31, 2015 (date of death of the testator), my father L.F. Gorokhov died. (full name and degree of relationship) residing at Moscow, st. Kyiv, 94, apt. 12 (specify address).

After his death, an inheritance was opened for the apartment that belonged to him by right of ownership at the address: Moscow, st. Kyiv, 94, apt. 12, a 2000 Toyota Supra car, an LG-E215S plasma TV and a Bosch SL212W washing machine (list property).

I am the heir of the second priority (indicate the priority of inheritance) on the basis (by law or by will), I permanently reside at the address Moscow, st. Kyiv, 94, apt. 12, has not been able to legally formalize his rights of inheritance for the following reasons: he was on a long business trip (specify the reason). These circumstances can be confirmed by witnesses:

1. Lipin E.V.;
2. Karii O.A.;
3. Kora A.A.

(indicate the names and addresses of three witnesses who will testify in court the reasons why you missed the deadline for inheritance).

I believe that I missed the established deadline for accepting the inheritance for a good reason, and therefore, on the basis of the above and in accordance with Art. 1141 and 1155 of the Civil Code of the Russian Federation,

ASK:

Restore my deadline for accepting the inheritance:

1. The apartment is located at Moscow, st. Kyiv, 94, apt. 12.
2. The car is a 2000 Toyota Supra.
3. Plasma TV LG-E215S.
4. Washing machine Bosch SL212W.

(list the inherited property, attach an extract from the bank deposits, if the testator has any), located at the address: Moscow, st. Kyiv, 94, apt. 12.

Date 09/29/2016 Signature_____________

Statement of claim to restore the deadline for accepting an inheritance: state duty

Registration of an application to restore the period for accepting an inheritance requires payment of a state fee.

The amount of this payment is determined depending on the amount of the claim and is in the range of 400-60,000 rubles.

The amount is determined as follows:

• If the amount of the claim is 20,000 rubles or less, 4% of the amount is paid (not less than 400 rubles);
• If the claim is filed for an amount from 20,001 rubles to 100,000 rubles, the duty is 800 rubles and 3% of the amount exceeding 20,000 rubles;
• For a claim for an amount up to 200,000 rubles, you must pay a fee of 3,200 rubles and 2% of the amount exceeding 100,000;
• If the amount of the claim is from 200,001 rubles to 1,000,000 rubles, the state duty is 5,200 rubles + 1% of the amount over 100,000;
• A claim for an amount exceeding 1,000,000 rubles must be paid with a fee of 13,200 rubles + 0.5% of the amount exceeding 1,000,000 rubles. However, the maximum payment amount is limited to 60,000 rubles.

Statement of claim to restore the deadline for accepting an inheritance: who is the defendant?

Provided there are no other heirs and there is a dispute between them, the Federal Tax Service Inspectorate of the district in which the apartment is located, the Department of Municipal Housing, as well as the Housing Fund of the Russian Federation are appointed as defendants.

They are defendants for the reason that in case of refusal to restore the deadline for accepting the inheritance, the disputed property will receive the status of escheat and will be transferred to the state (state representatives dealing with these issues are the Federal Tax Service Inspectorate and the DMZH).

Application for restoration of the period for accepting an inheritance: sample, procedure

Last modified: June 2023

To become an heir, you must contact a notary's office within 6 months from the date of establishment of the fact of death. In other words, six months are allotted for entering into inheritance. An application to restore the deadline for accepting an inheritance will help extend the period of authority to contact a notary, but this can only be done through the court, with good reason.

What to do if the deadline is missed?

It is good if the heir lived and communicated closely with the testator until his death. However, often life circumstances prevent regular communication, or health problems temporarily isolate the patient from important events, including the death of a relative. A timely appeal is impossible if a person did not know about the opening of an inheritance and did not have information about the existence of rights to it. For such cases, it is possible to restore the term; I wrote an application to the court.

To find out whether there is a chance to restore the deadline, it is worth checking whether the reason for absence is valid and objective.

The deadline can be extended through the court on the basis of a statement of claim if the reason stated in the document is regarded as valid. Below are the most common situations in which it is possible to restore the period for accepting inherited property:

• business trip, official trip for a long period of time;
• serving a sentence with imprisonment;
• lack of communication when living in a remote location;
• lack of communication between relatives and deliberate concealment of the fact of the death of the testator;
• hospitalization and physical inability to deal with inheritance issues;
• Military service;
• living abroad.

So that the court can assess the weight of the reason, it is worth preparing documents in advance that will help confirm the plaintiff’s words. If necessary, witnesses who are willing to testify are brought into the trial.

A lawsuit is inevitable, unless it is possible to reach an agreement with other heirs who have not yet received their certificates from a notary and have not re-registered the property. If each of the current applicants agrees to divide the inherited property taking into account the new heir who has emerged, then a court decision to restore the deadline for accepting the inheritance mass will not be required.

If it was not possible to reach an agreement with the participants, all that remains is to go to court to restore justice. The success of the consideration of the claim depends on how competently the plaintiff justifies his position and how valid the reasons are.

Structure of an application for restoration of the period for accepting an inheritance

You should not be negligent in drawing up a statement of claim, since the acceptance of the case for consideration and the final outcome of the court hearing depend on it. When drawing up, it is recommended to use a sample drawn up taking into account the requirements of the Civil Code and the Code of Civil Procedure of the Russian Federation.

The sequence of text presentation is as follows:

1. The exact name of the judicial authority, address for filing the application.
2. Information about the applicant (full name, registration, contacts).
3. Similar information about the defendants, the third party.
4. The title of the application is written in the middle, indicating the phrase “about reinstating the deadline...”
5. Information about a deceased relative whose property is subject to inheritance (full name, registration, day of death).
6. The reasons for the emergence of the right to inheritance are “by will” or due to family kinship.
7. Information about the identified property.
8. The cost of the claim is determined by the total estimated value of the identified inheritance mass.
9. A statement of the circumstances why it was not possible to timely declare your inheritance rights.
10. Link to documentary evidence of valid reasons.
11. Formulation of the request for reinstatement of the pass.
12. List of attached papers.
13. Date and signature.

The place of consideration of the claim will be the district court. Territorial jurisdiction is determined by the defendant’s residential address or the location of the real estate.

Having accepted a properly drawn up application, the judge sets a hearing date, summoning interested parties.

Attached documents

The papers attached to the claim are no less important. They are listed at the end of the statement of claim and then attached with copies according to the number of participants in the lawsuit.

The general list of applications consists of:

• receipts for payment of state duty;
• passport, other identification document;
• death certificate;
• papers confirming the validity of the heir's claims;
• will (if any);
• certificates, extracts identifying the property of the deceased;
• written refusal from the notary due to a missed deadline;
• documentary evidence certifying the presence of valid reasons.

To convince the court that there are grounds for requesting restoration of the missed period, you will need to prepare papers, the exact list of which depends on what reasons were stated in the text of the claim:

• medical opinion;
• hospitalization certificate;
• document from the employer;
• papers proving absence on the territory of the Russian Federation;
• certificates from the place of imprisonment;
• document from the military unit.

To confirm the truth of the plaintiff’s words, they resort to witness testimony and personal correspondence, from which it is established that the sad event was deliberately concealed from interested parties. If documents are submitted on behalf of a minor, prepare personal documents of him and his legal representative.

Cost and terms

In order for the case to be considered by the court, you must pay a fee depending on the value of the claims:

• when filing for special proceedings, a fee of 300 rubles is paid;
• if a full-fledged trial is pending, the duty is determined by the estimated value of the inheritance (Article 333.19 of the tax legislation).

• Depending on the value of the claim, the payment will be:

• 4% of the amount or 400 rubles if the property costs within 20 thousand rubles;
• 3% of the amount over 20 thousand rubles plus 0.8 thousand rubles if the inheritance is valued at up to 100 thousand rubles;
• 2% of the amount over 100 thousand plus 3.2 thousand rubles if the inheritance costs more than 200 thousand rubles, etc.

1. The law fixes the maximum duty limit at 60 thousand rubles, regardless of the value of the claim.

The period for consideration of the claim is determined in accordance with Art. 154 of the Code of Civil Procedure of the Russian Federation, namely, no more than 2 months. However, during the trial, additional information and documents are often requested, or hearings are postponed at the request of the parties. It is quite possible that the actual duration of the trial will be about six months. 10 days after the decision on recognition of the right is made, it comes into force, which gives the heir the right to contact the office and legally submit a statement of readiness to accept the inheritance.

Who is the defendant in the claim is determined depending on who claimed the rights to the inheritance or accepted it in the absence of applicants. If there are no others willing to accept the inheritance, the defendant is the tax authority (local tax office), the housing fund of the Russian Federation, and the housing department of the municipality.

In other situations, defendants indicate citizens who refused to voluntarily be included in the list of heirs of the plaintiff who missed the deadline.

How to file a claim to restore the deadline for accepting an inheritance?

Often inheritance rights and property disputes related to this are the reason for going to court. But the reason for such appeals to the authorities is not always a disputed piece of property. Sometimes the successor is prevented from going through the procedure established by law due to circumstances that may cause the deadline for assuming inheritance rights to be missed. The Civil Code of the Russian Federation provides for a period of 6 months from the date of opening of the inheritance, within which the successor must take ownership of the property.

What to do if deadlines are missed? If it is not possible to resolve the issue without going to court, you will need to draw up a statement of claim to renew the period for accepting property by inheritance. We will tell you how to draw up such a statement and what you need to provide with the claim in our article.

Consent or court

The easiest way to receive property if the deadlines provided for by the Civil Code of the Russian Federation have been missed is written consent from the persons who accepted the inheritance.

In the event that all those who received the inheritance sign their consent for the late applicant to accept the succession, the latter will be able to exercise the right without going to court, which will significantly speed up the entire procedure and minimize costs.

However , it often happens that other heirs persist and do not agree to redistribute the property of the deceased, taking into account another successor. In such situations, filing a claim with the court to renew the deadline for accepting property by inheritance is the correct and legal action that a late successor can take.

Preparing to submit

In order to competently file a claim to renew the deadlines for accepting property by inheritance, the application must comply with the law in form and content. In this case, in order to obtain the court's consent, it will be necessary to indicate the reason why the successor missed the deadline for entering into inheritance. Of course, the reason must be valid and justified.

By the way, the renewal of the deadline implies the restoration of a 6-month period from the moment when the grounds for missing it ceased. This point is established by the judicial authority considering the application, taking into account specific circumstances.

The plaintiff will also be required to submit a waiver from the notary. By visiting the notary office that handled the inheritance, you can receive it without much difficulty. The notary himself can be brought to the claim as a third party.

In this case, it is in the interests of the plaintiff not only to indicate the reason for missing the deadline, but also to prove that it was valid. So, some reasons can be considered by the court as the reasons why the plaintiff refused to accept the heritage.

An example would be a case where the applicant relied on his assumption that the rights to the property of the deceased father belonged entirely to the elder brother.

The court refused to satisfy the applicant's demands, since reluctance to enter into a property dispute with his brother was accepted as a motive not to take over the inheritance.

However, after reworking the application with the help of a lawyer, the applicant managed to restore the deadlines, citing the legal illiteracy of the late heir.

Good reasons and their confirmation

The claim to restore the deadlines for accepting property by inheritance, as already mentioned, must contain valid reasons cited by the late successor. They may be:

1. Missing deadlines due to lack of information about the death of a relative and the opening of an inheritance;
2. The deadline was missed for a reason that did not directly depend on the applicant and was an obstacle to accepting the property by inheritance.

A long business trip, military service, serious illness, and even legal illiteracy can in this case be a valid reason for renewing the terms. The set of reasons, their mention and evidence must be present in the application.

Speaking of evidence, in this case it can be both supporting documents and witness statements . If it is necessary to attract witnesses to justify your absence, then it is worth petitioning to summon them to court to testify.

The documents can be all kinds of checks and receipts from other cities and villages that you still have after a long trip, which will confirm your absence from your place of residence and the impossibility of obtaining information about the death of a relative and the opening of an inheritance.

If we are talking about a long-term illness, then sick leave certificates and extracts from an outpatient card are suitable.

Requirements for the court

It is worth considering that you should not limit yourself to a request to renew the deadlines for receiving an inheritance within the framework of your application. It is important to put forward some requirements that will not only allow you to receive your share in the property, but also to preserve material wealth in order to re-distribute the shares, taking into account another heir.

As part of the requirements, it is worth putting forward a petition to establish ownership of the property.

If the reasons you provide are considered valid, then you can count on the satisfaction of your claims.

How to apply?

A statement of claim is filed to restore the deadlines for accepting property by inheritance according to the following structure:

header :

• Name and address of the court where the claim is filed. Claims of this nature are filed in the district court at the location of the defendant. However, if the property is exclusively jurisdictional, according to Art. 30 of the Code of Civil Procedure of the Russian Federation, then the case will be considered by the court at the location of the inheritance;
• Plaintiff's details: full name, registration address, contact details;
• Data of the defendant: here it will be necessary to list the successors who have assumed their rights and indicate their full names, addresses and contact details, and in the absence of such, the government agency that accepted the inheritance;

Title of the application: “Statement of claim for restoration of deadlines for obtaining inheritance”;

The body of the document must include the following information:

• Indicate the details of the testator and the date of his death, and details of the death certificate;
• It is worth giving a list of property that became available for inheritance after the death of a relative;
• Indicate on what basis you are an heir. If we are talking about a will, then it is worth attaching a copy to the application. If the applicant is an heir at law, then it will be necessary to indicate the degree of relationship between him and the deceased;
• Indicate the reason why the applicant missed the deadline and at what point it disappeared. Links to the evidence base must appear in the text;
• It is worth citing the results of attempts at pre-trial settlement and other circumstances that, in your opinion, should be taken into account by the court;
• Provide the legal basis for your claims;
• Provide a list of demands to the court in petition form;

List the attached documentation, which must include:

• A copy of the death certificate;
• Documents confirming the right of inheritance;
• Evidence to support your claim;
• Refusal of the notary;
• Copies of the application for all parties involved in the case;
• Receipt of payment of the duty;
• Date of filing the claim;
• Applicant's signature with transcript.

Usually, if there is sufficient documentary evidence of a good reason for the late heir, he manages to achieve the renewal of the deadlines. However, as a rule, property litigation between relatives does not end there.

By enlisting the support of a competent lawyer, you can not only achieve restoration of the deadlines for obtaining succession, but also defend your property rights and seek compensation if, before your application, part was sold by other heirs.

• In __________________________
  (name of court)
  Plaintiff: ______________________
  (full name, address)
  Defendant: ____________________
• (full name, address)
• Statement of claim for restoration of the period for accepting an inheritance

“___”_________ ____ died _________ (full name of the deceased). After his death, an inheritance was opened consisting of _________ (specify it).

I am the successor (queue of succession) after the death of (full name of the deceased) on the basis of (specify: by law or will).

I did not accept the inheritance within the established six-month period for good reasons _________ (specify them).

Besides me, the heirs are _________ (full name of successors, degree of relationship with the deceased). Other successors also missed the deadline for accepting property by inheritance; after the death of _________ (full name of the deceased) they do not claim it.

1. In accordance with Article 1155 of the Civil Code of the Russian Federation, upon the application of an heir who missed the deadline established for accepting the inheritance, the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of succession or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting property by inheritance went to court within six months after the reasons for missing this deadline ceased.
2. Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
3. Ask:

1. Renew the period for receiving an inheritance that opened “___”________ ____, after the death of _________ (full name of the testator).

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

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Death certificate of the testator
4. Documents confirming the right of inheritance
5. Documents confirming the existence of inherited property
6. Documents confirming valid reasons for missing a deadline

Date of application “___”_________ ____ Signature of the plaintiff _______

Statement of claim to restore the deadline for accepting an inheritance: how to draw it up correctly?

The deadline for accepting an inheritance is well known: it remains unchanged for decades, and yet incidents of untimely acceptance are not uncommon. They occur due to circumstances independent and dependent on the applicant for inheritance. What to do if the heir turns out to be slow? What is the algorithm of actions for a successful resolution of the case? You will find the answers in our article.

The period for accepting an inheritance, determined by law

According to general provisions, it is required to enter into an inheritance no later than six months from the date of its opening.

If the exact date of death of a person is unknown, the inheritance can be accepted within six months from the date of entry into force of the judicial act declaring the testator deceased.

If the right to inheritance arose in persons as a result of the refusal of the heir or his removal on legal grounds, then they can enter into the inheritance within six months from the date such a right arose.

There is also a special period established for persons whose right arises as a result of the failure of another heir to accept his inheritance.

So, if the heir of the first priority has not entered into his rights in time, they pass to the heirs of the second or, if there are none, the next in line.

You can accept an inheritance within 3 months from the expiration of six months from the date of its opening or from the entry into force of a judicial act declaring the testator deceased.

Consequences of late acceptance of inheritance

The deadline for acceptance is strict for everyone; those who have not expressed their desire/unwillingness lose their rights to the inheritance forever. The rule is mandatory for all heirs: both by will and by law.

There are two ways to solve the problem of missing a deadline:

• conciliation procedure;
• through the court.

The first method of restoring the term is not common - heirs rarely have trust relationships that allow them to agree to extend the period for accepting the inheritance to the overdue heir, thereby reducing the inheritance for themselves. For this reason, slow heirs are often forced to resort to legal assistance.

Claim in court: grounds and procedure for filing an application

In certain circumstances, the court may accommodate it halfway: restore the deadline for accepting the inheritance and recognize the applicant as having accepted the inheritance at his request. This happens if there is a valid reason and the claim is filed in a timely manner.

The grounds for an application to a judicial authority may be as follows:

1. the heir did not have information about the opening of the inheritance;
2. missed the deadline for good reasons.

Valid reasons may include:

• lack of information about the death of the testator;
• concealment of his right of inheritance;
• the plaintiff is located abroad;
• fulfillment of military duty;
• long-term business departure;
• serious illness;
• illiteracy, etc.

The circumstances and arguments contained in the application must be supported by documents and/or testimony of witnesses. Simultaneously with filing a claim, it is advisable to petition the court to take interim measures to preserve the inheritance mass, so that the heirs who have already entered into rights will not be able to alienate it (sale, exchange, etc.).

The petition to ensure the safety of the hereditary mass must be contained in the text of the claim or submitted in the form of an independent document. The claim must comply with the form and content established by Art. 131 Civil Procedure Code of the Russian Federation; it must be accompanied by the documents provided for in Art. 132.

The application is sent indicating:

• name of the court;
• plaintiff’s data: place of residence/location, information about the representative;
• defendant's data;
• information about the testator, his last address of residence, date of death, relationship, will;
• violation or threat of violation of the rights of the plaintiff and his claims;
• circumstances justifying the requirements and supporting evidence;
• information about inherited property;
• claim prices.

Required attachments to the application:

1. copies according to the number of participants;
2. receipt (check) for payment of state duty;
3. representative's power of attorney;
4. documents confirming the circumstances (certificates from the place of work, visa, medical, other institution, etc.).

State duty amount

State duty is an indispensable element of the matter. Without it, the claim simply will not be accepted. The amount of state duty for this category of cases is individual and depends on a number of features:

• application amount;
• whether a court decision was previously made recognizing the plaintiff’s ownership of this property;
• categories of plaintiffs.

When submitting applications for the allocation of a share that is the common property of the property, as well as for recognition of the right to a share in it, the amount of the state duty is calculated by law:

• if the dispute regarding recognition of the plaintiff’s ownership of this property has not yet been considered by the court - in the above amounts;
• if the dispute is resolved - 300 rubles. for individuals and 6000 rub. - for legal entities.

State duty is not payable:

1. Regarding disputes between a minor heir.
2. In cases of non-property nature to protect the rights and legitimate interests of people with disabilities.
3. Disabled persons of groups 1 and 2, provided that the cost of the statement of claim is no more than 1 million rubles. If it is higher, preferential rules apply to this category.

Arbitrage practice

Situations when claims are considered positively by the court

According to judicial practice, most often the deadline is missed due to ignorance of the law, that is, without special intentions. Such situations are considered respectful, and the court accepts the application for restoration for consideration.

Other reasons considered acceptable may include a long business trip without the opportunity to contact the relatives of the deceased. A similar circumstance is an illness that does not allow one to arrive at the place of registration of the inheritance on time.

In some cases, the lack of information about the death of a person is considered as a valid reason. The plaintiff must prove that he had no contact with the deceased for a long time, and did not hide from the responsibilities of caring for him. An example of such a situation is the reluctance of the relatives of the deceased to notify the heir of the death of the testator.

There are situations when the heir, while abroad, is not able to return to his homeland (due to refusal to issue travel documents). Taking into account such circumstances, judicial practice is inclined in favor of restoring missed deadlines for entering into inheritance.

For minors, incompetent or partially capable heirs, the missed deadline for accepting an inheritance is restored without any particular difficulties. Judicial practice implies that this category of citizens themselves cannot understand and realize the need for requirements or, due to their young age, previously did not have the legal opportunity to draw up the relevant papers.

Situations when the court refuses to consider an application

The court may refuse to consider an application for a variety of reasons. Let's look at the most common ones:

• lack of evidence of the impossibility of entering into inheritance within the allotted time;
• the heir who missed the deadline wrote a refusal, but then changed his position;
• weak argumentation of the significance of the reasons for omission;
• the citizen is aware of the death of the testator, but did not intend to accept the inherited property;
• the heir’s appeal occurred within 6 months after the circumstances that contributed to the missed deadline ceased.