The procedure for entering into inheritance without a will under the law

Entry into inheritance is a legal procedure that is carried out after the death of a person who has property and valuables. In the event of death, they remain without an owner, so they go to close relatives who claim to receive the property for personal use legally.

Entering into an inheritance without a will and its registration is regulated at the state level. If a deceased person, during his lifetime, took care of the fate of his property and drew up a document in which he described the relatives who would receive it, the indicated citizens will become the owners of the objects. In its absence, the distribution of rights to real estate occurs in accordance with the provisions of the law.

The right of inheritance in the Civil Code is devoted to Section V, Chapter 61 (Articles 1110-1117) contains general provisions, 62 (Articles 1118-1140) - considers this issue in the presence of a will, 63 (Articles 1141-1151) - by law, 64 (Articles 1152-1175) - provides for the acquisition of an inheritance, 65 (Articles 1176-1185) - cases of receipt of certain types of property.

Entry dates

The calculation of time is carried out from the moment of death of a person. If he goes missing, this fact has been known for 5 years; his relatives need to recognize him as dead in court. Then the starting point is the date of the decision made during the proceedings.

There are situations when heirs miss the deadline established by law and do not contact a notary to distribute property.

Reasons: serious health condition, traveling nature of work, lack of information about the death of a relative.

There are cases when the applicant did not know how to initiate the procedure for entering into an inheritance without a will after the death of a relative, and had no idea where to turn.

In this case, there is a limitation period of 3 years, when potential candidates have the right to go to court and get the opportunity to inherit after the past 6 months.

3 years is considered the general limitation period; according to Article 196 of the Civil Code, the maximum - for inheritance after 6 months - is 10 years.

What to do if you miss a deadline

If, after the death of a husband or wife, the relatives did not manage to obtain ownership of the property, this right is restored through the court. They need to carry out the following sequence of actions:

1. Contact a notary to enter into the inheritance share;
2. Taking into account the missed deadline, the specialist will issue a written refusal to carry out the procedure, referring to the norms of the current legislation;
3. If available, collect documents confirming the objective reasons for missing the 6-month period, and draw up a statement of claim. The document reflects provisions on the illegality of refusal by a notary, restoration of violated rights of heirs;
4. Participate in court proceedings, justify your position, explain why the current situation occurred.
5. Wait for the decision to enter into legal force and contact a notary office to execute the verdict.

Important ! If it does not satisfy the applicant, he has the right to appeal to a higher authority and challenge the decision within 1 month from the date of consideration of the case.

Difficulties often arise when several heirs contacted the notary in a timely manner, while others missed the deadline. If a positive verdict is made in favor of the latter and they enter into inheritance, the case is subject to reconsideration, the shares of others are reduced as the number of owners increases.

Inheritance queues

The order of inheritance is determined by Article 63 of the Civil Code (Articles 1141 – 1151). The legislation establishes that close kinship is a priority in the matter of receiving property after the death of a citizen.

In the absence of a will, the queue is distributed:

• first - husbands, wives, children, mothers and fathers of the deceased person;
• the second – sisters and brothers, grandfathers and grandmothers;
• third - aunts and uncles;
• fourth - great-grandparents;
• fifth - cousins' granddaughters and grandchildren, great-aunts and grandfathers;
• sixth - cousins' granddaughters and grandchildren, cousins' nieces and nephews, cousins' aunts and uncles.

Important ! If one of the heirs died at the same time as the testator or before entering into the procedure, the right to the property is received by his successors by right of representation, if any. This rule applies to relatives unless they are unworthy heirs.

This category includes:

• relatives whose actions were aimed at the detriment of the testator, so that his property would be distributed after death taking into account their personal benefit (this fact must be proven in court);
• the applicant was entrusted with responsibility for the maintenance of the deceased, which he maliciously avoided;
• persons who do not have the right to inherit or are excluded from this event.

Adoptive parents and adopted children are considered to be blood relatives, and therefore have the right to expect to receive ownership of property legally along with other family members. This category of citizens has a court decision indicating adoption.

Required documents

Without providing this procedure with documents, the notary has no right to give advice to a specific person regarding property transferred to relatives after the death of a person.

In 2023, the following are required to be provided:

• an application from the heir, executed in person or by a representative under a power of attorney (with a copy and the original provided for verification);
• a copy of the applicant’s passport with presentation of the original (the front part and registration information are required);
• a certificate confirming that the citizen has died (issued by the civil registry office within 3 days after death);
• a copy of documents that indicate relationship with the deceased (birth certificates of spouses, children, change of surname, marriage, certificate of vital records) with presentation of the originals;
• a registration certificate issued at the passport office, which contains information about registration at the place of residence of the deceased; if living in a rural area - an extract from the house register;
• certificates confirming ownership of real estate, or extracts from the Unified State Register of Real Estate;
• cadastral passport;
• information about the acquisition of property by a deceased person (donation agreement, purchase and sale agreement, certificate of receipt of inheritance);
• statements of personal accounts, if the inheritance is money in the bank;
• conclusion on property valuation.

They are issued by different organizations - registration and cadastral chambers, passport office, civil registry offices, credit institutions. To carry out the procedure, it is important that the documents are correctly prepared, with seals, stamps and signatures.

An important aspect is drawing up an application and submitting it to a notary office. It reflects:

• personal information about the testator and his successor (last names, first names, patronymics, passport details);
• place and date of death;
• property objects included in the property;
• indication of the status of the applicant relative to the deceased (close relationship);
• information about other close people (if available);
• request for acceptance of inheritance;
• date and signature.

The best option for submitting the application and documents is personal presence, so the applicant will have information about the date and incoming number when the specialist accepts the information.

If the candidate does not have the opportunity to apply, he has the right to send them by mail, but the application will need to be notarized.

Transfer through a representative with a power of attorney to carry out these actions is also available to the successor.

Entry procedure

To inherit an apartment, house, vehicle, or other valuable things, it is necessary to follow the legal order. The sequence of actions includes:

• after receiving information about the death of a relative, a potential candidate should contact a notary office (regardless of the place of residence of the deceased);
• when visiting a specialist, he needs to have a package of documents that are required to establish the grounds for entering into an inheritance;
• Conduct a property assessment by contacting the appropriate organization (market, cadastral or inventory);
• pay the state fee (calculation of the cost depends on the valuation of the property);
• after 6 months from the date of death, you should contact the notary again in order to obtain a certificate confirming the right to inheritance.

Important ! If the relative who received it plans to privatize the property and make transactions with it in the future, an obligatory step is to contact the registration chamber to enter information into the state real estate register.

From this moment on, it will include a new owner who, at his own request, has the right to dispose of it - sell, exchange, donate, bequeath, rent.

Cost: taxes and duties

When applying to the notary chamber, the applicant, in case of planning expenses, should take into account the payment for the services of a state representative who accepts documents and draws up a certificate of inheritance according to the law. The cost is formed in accordance with the internal established prices of the organization.

A mandatory payment to obtain the right to become the owner of real estate is a state duty, which is commensurate with the valuation of the property. Clause 22 of Article 333.24 of the Tax Code determines its size:

• heirs of the first and second stages are set at 0.3% of the value of the property, the amount does not exceed 100 thousand rubles;
• recipients of the remaining queues pay 0.6% of the property price, which does not exceed 1 million rubles, to the state treasury.

The main costs when carrying out the inheritance procedure are contained in property valuation (from 5 thousand rubles), state duty (0.3 or 0.6% of the cost of an apartment or house), notary services (from 2000 rubles).

Indivisible property

Article 133 of the Civil Code regulates the concept of an indivisible thing, which in kind cannot be divided between potential candidates without destruction or damage, or a change in purpose.

In relation to such property when divided between heirs, Article 1168 of the Civil Code applies.

It establishes a priority right to become the owner of the recipient who jointly owned the property with the deceased person over other claimants.

If the estate includes residential premises, indivisible in kind, citizens who are relatives, living and registered in the apartment or house at the time of death, their right to receive ownership of the object is regarded as priority.

Disinheritance

Not all candidates for the estate of a deceased loved one are worthy of receiving an inheritance. There are 2 ways to solve this issue:

• if the testator executed a will, he could indicate in it the circle of persons who will not receive the property in any case (this is an expression of the will of the applicant, therefore the rules established by him are undeniable);
• recognition of legitimate claimants as unworthy through the court by other relatives or government agencies (in the absence of a will).

Article 1117 of the Civil Code outlines the acts, the commission of which gives rise to legal grounds for establishing the status of an unworthy heir:

• criminal actions against the testator with the aim of causing his death;
• criminal actions against other family members claiming property with the aim of causing their death;
• intentions to forge, destroy or change the will in one’s favor;
• the presence of deprivation of parental rights in relation to a child, after whose death property remains;
• refusal to maintain and care for a dying or sick relative who subsequently passed away.

Important ! All grounds are considered in court; to establish them, evidence and truthful testimony are required.

This procedure is carried out not only within the 6 months allotted for entering into an inheritance, but also after receiving it by law.

If the judicial authority makes such a determination, the unworthy citizen is obliged to return his share, which will be divided among the remaining owners.

A person who has received this status has the right to challenge the verdict within 1 month from the date of the hearing in an appeal to a higher authority in order to protect his own rights.

How to enter into an inheritance after death without a will

The legislation of the Russian Federation provides for two options for receiving an inheritance, and they are related to whether the citizen disposed of his property before his death.

A will has been drawn up - the property is transferred in accordance with it, and the successors can be not only relatives, but sometimes not even individuals, but, for example, organizations or the state.

Entry into inheritance after death without a will occurs as determined by law: by relatives, depending on how close they are to the deceased.

When and what property is inherited by law

First of all, distribution according to the law occurs in the absence of a testamentary disposition at all. But it may be present, but it does not list all the property of the deceased. And this part not distributed by the testator will be divided strictly legally.

A will can be contested and canceled by a court decision as invalid - partially or completely.

Heirs have the right to refuse to accept what is bequeathed. The successors named in the will may not be alive at the time of the testator's death (for example, the will was drawn up a long time ago).

An inheritance cannot be accepted in part: I take this, but not this - only in whole. This means that along with the property, the heir risks accepting the property obligations of the testator.

Everything acquired by the former owner is inherited: from household items (furniture, dishes) and cash in a savings account to expensive movable and immovable property, including factories, newspapers, ships, etc. That is, everything that can be used both by the heirs and, in their absence, by the state. But merits, awards, bonuses, pensions, etc. cannot be inherited.

Legal order of acceptance of inheritance

Closeness of kinship is the main condition for regulating the process of accepting an inheritance. The wife (or husband) of the deceased, children and parents (if alive) enjoy unconditional advantage.

The law provided the same rights for everyone: they either accept the inheritance or refuse it. If the entire “set” of immediate relatives is available, everyone receives a share.

When there is only one successor from the first line, everything goes to him.

The next stage is taken into account in the event of refusal of the inheritance by all heirs of the first degree or the physical absence of them. Sisters, brothers, as well as grandparents now have the right to claim the property left behind.

The third line is formed from uncles and aunts; the fourth is from great-grandparents. They are followed by cousins, great-uncles, and grandmothers.

If there are none, the accumulated wealth of the deceased will go to cousins, aunts, and nephews. This is the sixth line of heirs. The seventh group consists of not blood relatives, but still relatives: stepfathers, stepmothers, stepsons, stepdaughters.

It happens that none of the listed legitimate applicants exist. The list of queues and heirs in them has been exhausted, but the dependents of the deceased may survive. These are persons who were financially cared for by the testator for at least a year before his death. They are disabled, but they can live anywhere.

The order is strictly observed: representatives of each subsequent level will be able to exercise their right only in the absence of applicants from a higher level.

Such a moment. If all the “queues” are absent for various reasons, the inheritance is transferred by right of representation to the descendants of the first three queues, if their immediate ancestors (real heirs) died before the testator or at the same time as him.

Controversial case: marital share

Inheritance issues are not always resolved peacefully. Misunderstandings usually arise among non-blood relatives. For example, the deceased spouse had a son from his first marriage. The wife and children are the first-line successors. By law, they are entitled to equal shares of the inheritance. But how much of the property is inheritance?

It is clear that not all the family’s property belonged to the deceased. In a registered marriage - exactly half of the jointly acquired property. The second is the property of the surviving spouse.

Therefore, only the part due to the testator should be divided. This half is distributed taking into account the widow's share too. The second controversial issue: how to properly divide joint and personal property. The order of their division is not the same.

The law defines joint ownership as:

• all movable and immovable property acquired by the spouses during the marriage, regardless of whose specific money it was acquired with – the husband’s or the wife’s;
• savings on savings deposits from salaries, pensions, income from business activities, etc. of both spouses;
• shares, deposits, other securities, shares in the authorized capitals of enterprises whose shareholders were husband and wife;
• jewelry.

Personal property is everything acquired by spouses before the registration of a family union, as well as received during the period of legal marriage by one of them, only as a gift or as an inheritance.

Joint property must be divided in half, personal property is not divided, and, accordingly, the share of the deceased spouse is subject to division between relatives.

There is one “but”. If a prenuptial agreement was in force during the marriage, it stipulates exactly how the marital share is allocated. It is possible that the surviving spouse, according to this document, will have the right to own the share of the deceased spouse. This means that jointly acquired property will not be included in the inheritance mass. How to allocate a marital share in practice?

The widow (or widower) contacts the notary in the place where the testator died and writes a statement (form in the notary office) about the desire to allocate her share of the family property or submits a marriage contract.

The notary draws up a certificate certifying that the spouse of the deceased owns half of the joint family property. If the marriage contract provides for the transfer of the deceased’s share to the spouse, a certificate is issued for all property.

If the notary knows other heirs, he notifies the applicants for the inheritance so that if they disagree, they can go to court.

Controversial case: adopted children and adoptive parents

If the family of the deceased had natural and adopted children, sometimes a conflict situation arises when the relatives do not recognize the right of the adopted child to a share of the inheritance.

This is wrong from the point of view of the law, which clearly equalizes the rights of an adopted child with a blood child, as well as an adoptive parent with a blood parent. Accordingly, both will be heirs of the first stage.

Moreover, the descendants of the adopted child will have the same rights as the descendants of the deceased’s natural children.

One more nuance requires clarification: what to do with the inheritance of the blood mother and father of an adopted child?

The law says: upon adoption, a child’s rights and obligations are established in relation to the adoptive parents and their relatives and terminate in relation to the genetic mother and father and their relatives. That is, the adopted person inherits from his adoptive parents, but not from his blood parents.

There are exceptions:

• adoption after the death of blood parents (there is an inheritance, and the child is still their direct heir);
• request of the adopted child’s grandmother or grandfather to accept the inheritance of the deceased blood father/mother or themselves in the future (legally formalized).

The adoptive parent may object to this. The court prioritizes the protection of the child. So, adopted children have equal rights and responsibilities as natural children, and therefore equal shares of the inheritance. The right to this is confirmed by an adoption certificate.

In order to claim the inheritance of blood parents, a person adopted by another family must present a court decision on the formal preservation of kinship relations.

If the adoption has been cancelled, the rights and obligations of the adoptee to the adoptive parents are terminated and restored in relation to genetic parents and blood relatives. In this regard, he cannot inherit from the former adoptive parent.

Time limits for entering into inheritance without a will

The general rule: successors must decide whether they will enter into the inheritance or refuse it within six months after the testator passes away. The countdown starts from the next day after death, if it is actually certified, or - in exceptional cases (missing person, etc.) - from the date approved by a court decision.

For example, the death occurred on January 1. Counting will begin on January 2. The court decision will indicate the exact date. If the last day of the six-month period falls on a weekend, the end is considered to be the nearest working day.

From now on, if the closest relatives have not entered into the inheritance, representatives of the next line can do so. Moreover, they can register an inheritance within three months.

If the deadline for immediate relatives is restored, the certificates of inheritance previously issued by a notary are canceled, and the distribution of the inheritance occurs anew. If the relatives who were in time for the division of the inheritance “pie” have already sold off the property they inherited, the cost will have to be reimbursed to the emerging legitimate claimant.

The filing of an application to restore the statute of limitations must be completed within a year after the death of the testator. But if the sad event happened more than 10 years ago, the court will not undertake to restore the term.

Mandatory actions when entering into an inheritance in the absence of a will

According to the law, a notary at the place of death of the testator formalizes the inheritance case. You need to contact him. This can be done (and best) in person. Or - through a legal representative who has a power of attorney from the heir. If you live far away, it is not forbidden to come to an accessible notary office, register the deed there (the notary will make sure that the papers are completed correctly), and send the documents by registered mail to the desired office.

It should be noted that any notary, public or private, can work with wills, but in the case under consideration - only a state one (where the owner of the property lived or where the largest object of inheritance is located).

You can accept an inheritance legally without going to a notary. At the first stage, simply starting to use the property, namely: living in an apartment, while taking care of its safety and paying bills; drive a car, while repairing it and paying taxes, etc. Both options are legal, but if there are several heirs, it is better to immediately contact a notary.

The lawyer will accept papers from all applicants, check them,, if necessary, settle misunderstandings between them, and exactly six months after the opening of the inheritance, he will issue a verdict: to whom how much.

If it is initially known that there is only one heir, and he is within the reach of the notary, permission to inherit will be issued after checking all the documents, and you will not have to wait six months.

Submission of documents

At the notary's office, the applicant submits a statement of intent to accept the inheritance. The form is available at the notary office.

Along with the application, documents are provided indicating the legality of contacting a notary on this issue.

• Firstly, that the testator is deceased (death certificate).
• Secondly, where he lived (certificate of deregistration).
• Thirdly, that the person applying is a relative of the deceased.
• Fourthly, that the deceased actually owned the property claimed by the appellant.
• Fifthly, that there are (if known to the applicant) other heirs.

He is obliged to check the authenticity of the documents and the legality of the claims to the inheritance of the applicants. If everything is in order and there is no dispute between the applicants, a certificate of inheritance is prepared, which is issued one to all or each of the applicants.

Registration actions

The documents have been verified, the certificate has been issued, all that remains is to legalize the rights to the inheritance received. This is the prerogative of the registration service, to whose territorial department a certificate issued by a notary must be submitted. Rights will be confirmed within the next month.

Land and housing (houses, apartments) are registered in Rosreestr, transport rights are confirmed in the traffic police. If you inherited a weapon and you intend to accept it, a special permit for storage and use is required, for which you should contact the police.

Rights to the remaining property are not registered.

Details about the state duty

Inheritance tax was abolished several years ago. Neither close relatives nor dependents from the so-called 8th line of inheritance pay it. But you will have to pay money for the registration procedure, and the closeness of the relationship matters here, as does the value of the inherited property.

The testator's closest relatives pay 0.3 percent of it. The rest – 0.6 percent. The maximum amount in the first case is 100 thousand rubles, in the second – 1 million rubles.

When it comes to an apartment, persons who lived in it before the death of the testator and continue to live there are exempt from paying state duty.

There are categories of citizens who are exempt from payment or have a benefit: holders of the highest state awards; disabled people, minors, incapacitated people, old-age pensioners. The status must be documented.

The registration service will require you to pay for the service. The asking price is 1 thousand rubles. There are no benefits here.

How to refuse

It is rare, but it happens that heirs do not want to accept the property left by a relative. The reasons may be:

• property is simply not needed;
• debts are “attached” to the inheritance;
• there is little property, many heirs, they give it to one;
• the desire to receive a share, by agreement with others, in monetary terms, etc.

You can refuse by writing about this to the notary involved in the inheritance matter within the prescribed period. Or by ignoring their right: after six months the person is automatically removed from the list of applicants as having failed to show up for the inheritance.

So, after the death of a relative, the intended heirs need to check whether a will exists, and, if not, having prepared the necessary documents, contact a state notary office.

There, write a statement of consent to accept the inheritance, submit documents for verification, pay for services and wait for the notary’s decision.

If there is no will, the law will determine the heirs

According to the Civil Code (Article 1119), every citizen is free to:

• bequeath your property to whomever you wish: it can be either relatives or complete strangers, one or more persons;
• establish the share of each heir;
• deprive at your discretion of inheritance from one or more persons up to all absolute heirs at law;
• appoint a sub-heir who can receive the property in the event of the death or failure of the main heir.

The will of the testator is limited only with respect to persons entitled to an obligatory share: even if they are omitted from the will, they will still receive their share, except in cases provided for by law. How does one enter into an inheritance after death without a will?

How to enter into an inheritance without a will: priority and rights

If the heir did not leave a will, inheritance will occur according to the law, in accordance with Art. 1142 - 1145 of the Civil Code of the Russian Federation, in order of priority. The first three lines include close relatives of the deceased:

• first, the heirs of the deceased in the first line will be called to inherit: spouse, children, including adopted children, parents;
• in the absence of first-round applicants, the following are called up - these are second-round relatives: brothers or sisters, including half-blooded ones, that is, with a common father or mother; children of brothers/sisters (nephews);
• if there are no second-degree relatives, third-degree heirs are invited to inherit after death without a will: uncles and aunts of the deceased (that is, brothers/sisters of his parents).

Further inheritance occurs according to the degree of relationship (from third to fifth) in the following order:

• 3rd degree of relationship (fourth stage): great-grandparents;
• starting from the 4th art. kinship (5th stage), cousins ​​are included: children of their own nephews (cousins); sisters-brothers of grandparents (great-aunts/grandfathers);
• 5th Art. kinship (6th stage): cousins, great-grandchildren, nephews, uncles and aunts.

The seventh line includes members of the testator’s family who are not relatives by blood: stepsons/stepdaughters, stepfathers/stepmothers.

It is worth touching on the eighth stage, which is not specified in Art. 1142 - 1145 of the Civil Code, but is in Art. 1148: it is formed by the disabled dependents of the deceased both from the circle of heirs of the seven lines, and by persons not included in this circle.

Right of representation

This right means the possibility of transferring the inherited share to the descendants of the heir in the event of his death, which occurred before the opening of the inheritance, or simultaneously with the opening (that is, when the moment of death of the heir cannot be determined with certainty).

The rules for inheriting property without a will allow for the right of representation only in the first three stages. Consequently, only the following relatives of the testator can enter into an inheritance after death without a will:

• grandchildren and children of grandchildren;
• nephews;
• cousins.

Persons deprived of the right of inheritance by the deceased themselves, as well as unworthy heirs listed in Art. 1117 of the Civil Code of the Russian Federation.

Other rights in inheritance without a will

• Adopted children and adoptive parents have equal rights with the blood relatives of the testator. At the same time, inheritance by law by an adopted person of the property of one of his parents or other blood relatives (or his descendants) after their death is possible if the relationship with them is preserved by a court decision. In a similar way, inheritance of property by the blood parent (relatives) of the adopted person after his death is allowed.
• Disabled dependents, relatives from seven lines, inherit on the same basis as relatives of the line called to receive the inheritance, if they were dependent on the deceased for at least a year. If they are not included in one of the seven queues, then in addition to being dependent, the condition of cohabitation is required.
• Minor children of the deceased, as well as disabled children, spouses and dependents have the right to a compulsory share (this is described in detail in the article On the compulsory share of inheritance).
• Spouses inherit property after each other's death, both by law and by will. At the same time, the right to receive one’s share in the common joint property of the spouses is also preserved. The deceased spouse's share in the common property is also included in the inheritance.
• The Russian Federation, constituent entities of the Russian Federation, and municipalities have the right to escheatable property (left without heirs) (Article 1151 of the Civil Code of the Russian Federation). In this way, residential premises and land plots (or their shares) are inherited. Residential escheat premises are transferred to the social housing stock of territorial entities (subjects, municipal districts, urban districts, settlements).

The procedure for entering into an inheritance without a will: deadlines, refusal, registration, division

In order to become a full-fledged heir, it is necessary to accept the inheritance, that is, everything that is due to this heir.

It is possible to accept an inheritance for several reasons:

• the same person (for example, the grandson of the testator) can be an heir by law and by will;
• he may also be subject to the right of representation or hereditary transmission if the closest heir by law dies before the opening of the inheritance or after, without having time to accept it.

Important! The inheritance already belongs to the heir, even if he has not yet formalized the procedure for accepting the inheritance through state registration of rights, or the actual acceptance of the inherited property has not occurred.

• Acceptance of an inheritance is allowed within six months after the death of the testator - this is the period established by law in order to consider the rights of all potential heirs, as well as to give time to refuse inheritance to those who wish to do so.
• If the inheritance is not accepted and the right passes to another applicant, the period of acceptance for them is reduced to three months (Article 1154 of the Civil Code of the Russian Federation).
• An extension of the acceptance period is possible if the heir, for good reason, did not have time to accept the inherited property: for example, he was absent for a long time and could not know about the death of the testator. The period is extended by a court decision or without it, with the consent of other heirs (Article 1155 of the Civil Code of the Russian Federation).
• Refusal of inheritance is possible for all types of inheritance, except for the acceptance of escheated property. You cannot put forward your own conditions for refusal, or refuse part of the inheritance. Refusal in favor of other persons is permitted, except for the cases described in this article.

The share of the heir who refused, not in favor of a specific person, is divided among the remaining applicants, as a result of which their shares are increased. A similar increase occurs if the will drawn up is invalid, or the person is removed from the inheritance procedure as an unworthy heir (Article 1161 of the Civil Code of the Russian Federation).

How to register an inheritance without a will

The procedure for accepting an inheritance involves the issuance by a notary or other authorized official of a certificate of the right to inheritance, which can be common to all heirs or separate for each (Article 1162).

To obtain a certificate, the heir must fill out an application and attach the following documents to it:

• identification;
• death certificate of the testator;
• a certificate confirming the relationship with the deceased, or the fact of being dependent on him;
• an extract from the regional department of the Federal Migration Service (from the passport office, village council, etc.) about residence or place of residence.

Depending on the situation, you may additionally need:

• divorce certificate of the testator;
• death certificate of the spouse of the deceased;
• power of attorney to accept succession (if it is executed by a representative of the heir);
• decision to establish guardianship (necessary if the inheritance is accepted by the guardian of a minor or incompetent heir).

In the same way, inheritance is registered under a will.

How to receive an inheritance if there are several heirs

The composition of inherited property with several heirs is formed from common shared property, which can be divided by agreement between them (Article 1165 of the Civil Code of the Russian Federation).

• It is noteworthy that even the rights of children to inherit without a will are protected, who were conceived and had not yet been born (Article 1166 of the Civil Code).
• The rights of minors and incompetent (or partially incompetent) heirs are protected by Art. 1167 of the Civil Code of the Russian Federation, according to which the procedure for registering an inheritance, disposal and management is carried out by their guardians.

Section of the indivisible

• Indivisible things (for example, an apartment or a residential building) are subject to division, taking into account the preemptive right of the heir who lived together with the deceased, owned common property with him, and for whom the inherited residential premises are the only one (Article 1168 of the Civil Code of the Russian Federation).
• A similar priority for this type of heir exists for household items and household items (Article 1169 of the Civil Code of the Russian Federation).
• If, as a result of the heir’s preemptive right, inequality of shares has been established, he is obliged to eliminate it by providing the remaining heirs with other property or its cash equivalent (Article 1170 of the Civil Code of the Russian Federation).

The rules of division with pre-emptive rights are valid for three years from the date of opening of the estate.

Example

For a three-room apartment of the deceased worth 3 million rubles. three people claimed: the wife of the deceased, his 40-year-old daughter and 35-year-old son. Since they were all heirs of the same line, what they inherited was common shared property, which, in addition to living quarters, included:

• a dacha worth 500 thousand rubles;
• a car worth 300 thousand rubles;
• apartment property (furniture and household appliances) worth 100 thousand rubles;
• money in the deceased’s account in the amount of 200 thousand rubles.

The total composition of the inheritance: RUB 4,100,000.

According to the preemptive right, the spouse should have received the apartment along with her property, since the children had been living separately for a long time, and the widow, in addition, had no other housing. However, an inequality of shares arose: the wife’s share was 3,100,000 rubles, while the children’s shares were only 400 thousand rubles each. With a fair division, each share should have amounted to about 1,367,000 rubles.

After consulting, the heirs agreed to divide them as follows:

• sell the housing, in return buying a one-room apartment for 1,400,000 rubles, which will remain to the mother along with the old property from the first home;
• the dacha will go to the daughter, and the car to the son;
• the daughter and son will share the remainder of the proceeds from the sale of the apartment and the money in the account, after which the daughter’s share will be 1,400,000 rubles, and the son’s share will be 1,200,000 rubles;
• the sister will pay her brother compensation in the amount of 100 thousand, and their shares will be equal;
• Despite the fact that the mother's share will still be larger, the children decided to forgive her for this difference.

Inheritance under a will for an apartment

How to enter into an inheritance under a will? The procedure for inheriting under a will seems simple:

• the death of the testator is the starting point for opening the inheritance and announcing the last will of the deceased;
• the terms and procedure for accepting an inheritance are the same as for inheritance by law;
• You can accept an inheritance in two ways - by issuing a certificate or by entering into actual inheritance;
• an heir who does not want to accept the inheritance is obliged to refuse (mere silence is not considered a refusal).

Let's compare how the acceptance of inheritance occurs after death under a will.

If the testator in the previous example had left a will, he could have independently disposed of his property and bequeathed it as he pleased: for example, an apartment to his wife, a car and money to his son, and a dacha to his daughter.

Moreover, his expression of will would be decisive, despite the inequality of shares and possible grievances of the heirs. Then there would be no need to divide property and pay compensation to each other.

Not everything is simple with wills either.

However, the following may complicate inheritance under a will for an apartment:

• encumbrance in the form of a testamentary refusal;
• the right of disabled dependents from distant queues to a mandatory share.

For example, our testator decided to bequeath the apartment not to his wife, but to his son or daughter, but on the condition that the spouse will be the recipient of a testamentary refusal in the form of lifelong care for her and the right to permanent residence in the apartment.

Or the spouse and children who have already divided the inheritance suddenly learn that a distant fourth cousin living with them for the last year before the death of the head of the family has the right, as a disabled dependent, to half of the inheritance share (in our example, this is more than 680,000 rubles).

But the rights of minors or disabled heirs of the first stage and disabled dependents of any stage should never be forgotten: entering into an inheritance after death without a will and with a will always takes place taking into account their interests.

How to enter into an inheritance without a will after the death of a relative?

If the testator did not leave a will, a special procedure is provided after his death. Heirs are established depending on the order and degree of relationship. It is necessary to submit documents and an application within the established time frame.

Who has the right to inherit without a will?

If the testator did not leave a will, inheritance is carried out according to law. Chapter 63 of the Civil Code of the Russian Federation is dedicated to him. First of all, the presence of a husband or wife at the time of death is taken into account. Only official marriages registered in the registry office are taken into account.

A preliminary division of property is carried out, as a result of which half of the existing property is allocated to the living spouse, including real estate, vehicles, and money. Inheritance is carried out only in relation to the remaining share, in which the spouse takes the same part as other relatives.

As a rule, inheritance is carried out first. If the father's property is distributed, the right of inheritance remains with the wife, children and his parents.

Adopted children are also recognized as first-degree heirs if there is a corresponding court decision . They receive the same share as the other heirs. If the testator is an adopted child, his adoptive parents will inherit. Biological parents cannot inherit if parental rights are deprived.

If several applicants act as heirs, equal shares are allocated. If there are disabled dependents, they have the right to inherit with the line of heirs that is currently involved in receiving the inheritance, even if they are not included in it. But they are not given the entire share, but ½ of it.

Note! In accordance with Art. 1146 of the Civil Code of the Russian Federation, if one of the heirs died before the opening of the inheritance or at the same time as the testator, the right of representation passes to his direct descendants . The share due to him is divided between them in equal shares. If there are no such persons, the share remains in the inheritance mass and is transferred in equal shares to the remaining applicants.

List of required documents

list of documents is provided by law . It may vary slightly depending on the property included in the estate . The notary requests the following documents:

• a statement of the established form, the form of which can be obtained from a notary’s office;
• passport or birth certificate of the heir depending on age;
• passport of one of the parents if the heir is a minor;
• death certificate of the testator;
• documents confirming relationship - marriage certificate, birth certificate;
• an extract from the house register from the testator’s last place of residence;
• title documents for real estate and cars;
• stocks, bonds, bank statements;
• the result of assessing property to determine the volume and shares of the inheritance.

If dependents lived with the testator, they are entitled to a mandatory share . It constitutes half the share of the main heirs.

Confirmation of cohabitation with the testator for the last 12 months is provided. You also need to confirm that there are no other sources of income.

If the testator owned an apartment or house, an extract from the Unified State Register indicating the name of the owner is provided.

The procedure for entering into an inheritance without a will

First of all, you need to find a notary who has the right to open an inheritance case. This can only be the notary who works at the address of the last registration of the testator at the place of residence.

The procedure for entering into an inheritance without a will includes the following mandatory steps::

1. The heirs submit an application to the notary along with the necessary documents.
2. After the expiration of the required 6-month period from the date of death of the testator, the notary makes calculations of the due share for each of the heirs. Appropriate certificates of inheritance are issued.
3. If the estate includes real estate or a car, it is necessary to submit documents to the registration service to register ownership of the new owner.

The inheritance includes not only property, but also the debts of the testator.

If a potential heir does not want to accept the inheritance according to the law, he submits a corresponding application for refusal to the notary or simply does not submit documents within the prescribed period.

In this case, his share is distributed equally among the remaining heirs. He cannot transfer it to a specific person.

Terms of inheritance after the death of the testator

Heirs must submit documents within 6 months from the date of opening of the inheritance. This date is recognized as the date of death in the relevant certificate. If the testator is declared dead by a court decision, a decree is provided that has entered into force. During this period, all heirs wishing to inherit must submit a complete package of documents and applications.

If the deadline has been missed, it can only be restored through legal action . This requires a valid reason, which includes:

• long-term illness of the heir;
• living abroad and being unable to travel to submit an application;
• the heir did not know or could not know about the fact of the death of the testator.

Note! It is important to provide documentary evidence. If we are talking about illness, sick leave is provided for the entire period of 6 months. Otherwise, the reason for absence will not be considered valid.

Registration costs and taxes

Today, the inheritance tax has been replaced by a state duty . This is what constitutes the main expenses. According to ch. 25.3 of the Tax Code of the Russian Federation establishes payment depending on the degree of relationship :

• 0.3% of the estimated value of the inheritance for an heir of the 1st or 2nd stage;
• 0.6% for other persons who are not close relatives.

The category of close relatives includes a spouse, parents, children, brothers and sisters. They pay no more than 100,000 rubles. If we are talking about distant relatives, payment is made in the amount of no more than 1 million rubles. Property valuation, notary services and property registration fees are also paid. The cost of additional costs is determined individually.

Some categories are exempt from payment, such as WWII veterans, full holders of the Order of Glory, heroes of the USSR and the Russian Federation. Minors and incompetent persons under guardianship do not pay tax.

How is property inherited if there is no will? How does inheritance happen by law?

The third part of the Civil Code of the Russian Federation provides for 2 procedures for entering into inheritance: by will and by law.

Inheritance by will is more understandable and causes fewer controversial issues, since the testator states his last will in the form established by law. But despite this, writing wills is not very common in our country, therefore, in the absence of a will, inheritance by law is provided.

Inheritance by law: legal framework, main points

Inheritance by law is regulated by Chapter 63 of the Civil Code. In the absence of a will, the heirs are called in order of priority. There are 7 stages: first, heirs of the first stage are called to inheritance, if there are none, heirs of the second stage are called upon, and so on.

First priority heirs include legal spouses, parents and children , including adopted children.

The heirs of subsequent orders are relatives of various degrees of kinship.

If the testator has no relatives, then the stepfather, stepmother, as well as the testator's stepdaughter and stepson are considered the heirs of the seventh order.

If any of the heirs of the summoned line died at the time of opening of the inheritance, but he was left with legal heirs, they have the right to receive a share of the inheritance by right of representation.

Heirs may be deprived of the right to receive an inheritance if they are recognized as unworthy heirs.

Procedure for entering into inheritance

The heir of the summoned line has the right to accept the inheritance within 6 months from the date of death of the testator. To do this, you must submit an application to the notary in charge of this inheritance case. The following are attached to the application:

The period for opening an inheritance may be extended by the court if it establishes the fact that the heir was not notified of the opening of the inheritance and could not have known about it.

After 6 months, the notary issues a certificate of inheritance of the testator's property to each of the heirs.

Based on these certificates, the necessary actions are taken to register new owners of inherited property, for example, registration of ownership of real estate, registration of the new owner of a car with the traffic police.

How much does it cost to inherit?

In order to receive an inheritance, the heir must make certain expenses. Until 2006, it was necessary to pay tax on inherited property.

At the moment, the inheritance tax has been abolished, and instead a “notary” tariff has been introduced, which includes legal and technical services, as well as a state fee.

Legal and technical services are established directly by the notary in each case individually. It is worth noting that the services of a public notary will cost less than the services of a private one.

The state duty is established by the Tax Code of the Russian Federation. This regulatory act establishes the circle of persons who are exempt from paying state duty. These include the following persons:

1. Heirs of real estate who lived with him at the time of the death of the testator.
2. Heirs who are minors on the day of opening of the inheritance.
3. Participants of the Great Patriotic War.
4. Heroes of Russia, holders of the Order of Glory, Heroes of the Soviet Union.
5. Persons subjected to political repression.
6. Heirs of persons who died while performing public duties.

A discount of 50% of the established state fee is provided for disabled people of groups 1 and 2.

The state duty is 0.3% of the cadastral value of the inherited property, but not more than 100,000 rubles for first-degree relatives; for relatives of subsequent stages, this duty will be 0.6% of the cadastral value, but not more than 1,000,000 rubles.

This state fee is actually paid for issuing a certificate of inheritance. To determine the amount of the state duty, an assessment is necessary. The cost of the appraisal is determined according to the price list of the appraisal company and is included in the list of necessary costs when accepting an inheritance.