Acquisition of inheritance — Order, Costs, Time, Ways

What are the ways of accepting and acquiring the inheritance? How can we draw up an application for restoration of the time limit for the actual acceptance of the inheritance? Where can we obtain a certificate of inheritance?

Most people leave their property after their death, which must pass over to their descendants. This transition is possible in two ways, both of which imply acceptance of the inheritance under article 1152 of the Russian Civil Code.

To solve the complex legal problems associated with inheritance law, you will be assisted in the companies I reviewed at the end of the article.

1. What is the acceptance of an inheritance

He is responsible for the debt of the heir, and for the debt of the deceased, and for the debt of the deceased, he shall have no more than the value of his share; and Allah is Oft Forgiving, Most Merciful.

The heir's acceptance of part of the inheritance means that he agreed to everything else, no matter where the property is, what the obligations are, everything passes to the heir in one of two ways.

In the case of household goods, furniture and other similar property, the actual acceptance is indicated; it does not require the public authorities to register the property.

Nikolai Stepanovich and Evdokia Petrovna lived together in their old age.

After five years of living together without marriage, an elderly woman died, since her property did not require registration, Nikolai Stepanović actually accepted it without any documentation.

Real estate, cars, weapons, valuables, bank deposits and many other things require certain administrative procedures, without which it is impossible to fully dispose of such things, in which case it is possible to inherit it only after it has been legally accepted; this requires recourse to a notary to settle all formalities.

There are cases in which relatives living in the same house as the deceased continue to live there after his death and use all the things, and it is believed that they have actually accepted the inheritance since the death.

In some cases, people do not apply within the prescribed time limit for legal action, and it will then be necessary to take legal action to establish the fact that the inheritance has been accepted and to recognize the ownership of the property.

A certificate of actual use taken at a housing office or local administration will help, and the court's positive decision is the basis for the registration of property.

2. How the acquisition of the inheritance takes place — 5 main stages

The procedure for the acquisition of inheritance is governed by the same civil law, which stipulates that a notary is responsible for the legal processing of the entire process; in the event of the absence of a notary in the area in question, the participation of other officials is permitted.

Who else can start the inheritance:

• Specialist in rural administration in remote settlements;
• Captain of the ship during long voyages;
• The head of the army when he finds the garrison far from the cities.

Consider a general case in which a notary produces a design.

Step 1: Recourse to notary and statement writing

If you do not have the right to take your inheritance, then you must go to your notary who serves your property.

The rules of succession are applied to the place where the deceased lived before his death; only in large megacities are these rules abolished; you can apply to any notary office there; the notary will give you a sample of the application for or refusal of the inheritance, which needs to be written.

Step 2: Submission of documents

The application must be accompanied by documents that help to trace the relationship between you and the deceased.

From the documents submitted, it should be clear to the notary whether you have the right to inherit under the law, and the article on the subject details which relative is entitled to claim the deceased ' s property.

The inheritance documents of the will are the same as those of the will, and they are accompanied by a will in which you must appear as the heir.

Step 3: Payment of the Minister ' s fees

As such, there is no government charge for accepting an inheritance; however, any notary action involves a certain payment; therefore, the State is charged for the opening of a case, its administration and the issuance of a certificate.

It is equal to 0.3 per cent of the value of all inherited assets, but not more than 100,000 rubles. These figures are for close relatives. If a distant relative inherits, the percentage is doubled and the maximum amount rises to 1 million rubles.

In order to get to know the value of tangible assets, they need to be valued. This will require an extra amount, so before you start the whole procedure, estimate the possible cost. By the way, it's roughly the same way to calculate the state-of-the-art arrangement for an apartment, but that's not what you're talking about.

Step 4: Obtaining a certificate of right to inherit

After receiving your application and the entire package of documents, the notary establishes a circle of relatives who can also claim their rights.

If you have any formality, you have the right to carry out an act of trust. This is relevant when you live in a different region or when you simply don't have time to go to the authorities. In this case, write down a power of attorney for the inheritance, which any notary has a model of. He will give it to you. Give the document to the trusted person who will do everything for you.

Step 5: Actual acceptance of the inheritance

If you do not obtain a proper certificate of succession from a notary within the prescribed time, you must apply to the court.

How to prove the actual acceptance of the inheritance:

• Find witnesses who will confirm that you have taken up residence or lived there before the death of the heir.
• Please provide data to support your public disposition of the property;
• Confirm that you are taking all measures to protect and manage the acquired inheritance;
• Add cheques for utilities or repair costs;
• If rented, show the contract or receipt of the rent.

If your arguments are convincing, you will receive a court decision to establish the fact that an inheritance with which it is not difficult to restore its unencumbered rights is accepted. Note that the algorithm considered is applicable in the right-of-view inheritance. What is hidden behind this is read in the subject matter material.

4. Professional Assistance in Succession — Review of TAX-3 Legal Companies

The inheritance law is too complicated to solve all the problems on its own, for example, how to deal with the increase in inheritance in the absence of the inheritance of a relative?

I think it's best to take over the inheritance and hand over the powers of a professional and reliable law firm, and I'm giving you an overview of these firms.

(1) Lawyer

Lawyer's lawyers do more than just consult, they check and prepare documents, they do legal expertise, and they order all kinds of background checks, because all the work is done online, the services are available even in the farthest part of Russia. When you need a lawyer's physical presence to resolve a matter, you can arrange through chat and meet to discuss the nuances of the work.

The remote work does not require the maintenance of a large management apparatus, which allows the price of services to be kept low; the cost of any consultation on the Lawyer website is less than 1,000 roubles, which is much less than in normal companies; the answer can be obtained free of charge, but it will be shared.

(2) Family disputes

What inheritance services is provided by the company:

It is always possible to leave an application for free counselling on the company's home page.

(3) Centre for Law and Protection

5. Which is the basis for restoring the date of acceptance of the inheritance — a review of the main points

The law does not allow a notary to take his inheritance after the expiry of the period, but only in court, and it has to be proved that the reasons for the delay in accepting the inheritance have been valid.

To do that, you need to know a few things.

Moment 1: The heir ' s ignorance of the heir ' s death

There are some cases in which a distant, lonely relative will die, and you will not be informed of a sad event at the right time.

Moment 2: The heir ' s lack of knowledge of the existence of inherited property

And if you are aware of the death of a relative, and you are not aware of his wealth, then a chance to restore the term is long; and if you prove that other heirs have deliberately withheld the information from you, it will only increase your chances; indeed Allah is Oft Forgiving, Most Merciful.

3. The heir is an incompetent person.

If a minor or other incompetent person does not inherit his or her rights without the help of his or her legal representatives or guardians, he or she shall not be able to exercise his or her full rights without the help of his or her legal representatives or guardians.

This is particularly relevant in the formulation of the compulsory share in the inheritance referred to in one of our other articles on the topic of inheritance.

Moment 4: At the time of the discovery of the inheritance, the heir was suffering from a serious illness.

If the heir is aware of the death of a relative and of his property, but has been unable to exercise his right due to a serious illness, the court will re-establish the time limit.

6. How to restore the time frame for inheritance — how to proceed

Let's see what we can do if we miss the date of acceptance of the inheritance, and it's better to hire a lawyer who's experienced in these cases.

But if you're willing to defend your own rights, here's the algorithm.

Action 1: Formulation of a claim for restoration of the date of acceptance of the inheritance

We're writing a claim to restore the date of acceptance of the inheritance for the court, and we're writing down all the circumstances that led to its omission, and we're making references to supporting documents and witness statements, and the wrong statement of claim can be returned to you.

Don't forget to state the details of the citizens who have agreed to testify in your favour, let them be prepared to appear before the court.

Action 2: Preparation of documents

Prepare in advance the documents that you will provide to the judge; these must be the originals of the certificates, requests or certified copies of them; they will also require proof of ownership of the property, as well as the death of the testator; and confirm the illness or disability of the person with the relevant certificates and certificates.

Action 3: Recourse to the Court

If your case is admissible, they will set a hearing time, and do not forget to warn the witnesses and arrange for their appearance.

If you miss the hearing yourself or one of the witnesses doesn't come, it won't be in your favor, remember that accepting the inheritance and its legal consequences implies a lot of responsibility.

Action 4: Retrieving the court ' s decision to restore the period for inheritance

As the case law shows, if you are well-documented, the courts are willing to take the plaintiff's side and restore it.

7. Conclusion

Accepting an inheritance is a matter of responsibility. Before you take such a step, rate all its pros and cons and draw the right conclusions.

What nuances do you want to learn about this subject?

Success in all your endeavours. If you like the article, don't think it's hard to evaluate it and distribute it on social media. Remember to comment, the feedback makes our material more quality and more interesting.

How much to pay for the inheritance: taxes, expenses and collateral

In addition to the cost of ensuring a proper burial, the heirs of the estate should be prepared for the substantial costs of documentation of the right to use the inheritance.

Is there a tax?

Under Russian law, successors to property (in will and law) individualstax exemptionThe heir is charged only with the payment of the State Ministry, the amount of which is calculated on the basis of the degree of relationship with the heir and the estimated value of the property.

The relevant decree abolishing the tax rate in the Russian Federation (N 78-FZ) entered into force in January 2006 and also applies to the successors to the property of the deceased heir who is not a blood relative.

The decree does not apply to the succession of heirs who are paid for the work of the deceased relatives, who have created officially recognized scientific discoveries, works of art, literature, scientific works, inventions and patented operational mechanisms in life.

The abolition of the inheritance tax is not valid for property received from the gifted relatives of Release 3 and below.

Variety of duties

Public

• Affiliation;
• The Panel recommends no compensation for contract losses.

Successions to Releases 1 and 2 (spouses, children, parents or parents, brothers and sisters respectively)Has to pay 0.3%The amount of the inheritance received cannot exceed 100,000 rubles, but the largest amount of the State Ministry ' s money may not exceed 100,000 rubles.

The succession of the third-line succession is further required to pay 0.6 per cent of the estimated amount for inherited property, with a maximum of 1 million rubles.

The following shall be exempt from the payment of government fees when the estate is in possession of the estate:

• with the title of hero of the Soviet Union;
• who are heroes of Russia;
• Veterans, participants, persons with disabilities;
• Full cavalry of the Order of Fame;
• Under 18 years of age on the day of the discovery of the inheritance (read here on the grounds);
• Incompetent, under formal guardianship;
• Heir to the deceased at work as a result of the accident;
• A successor who died in protecting the lives of other citizens in a disaster, a man-made accident, etc.

In addition, the heirs of the estate of the heir who lived there at the same time as the heir who plans to live in it and beyond are automatically exempt from the government's legacy.

Persons with disabilities in groups 1 and 2 are entitled to 50 per cent of the discount for each of the assessed government departments in the form of an inheritance.

The market value of real property should be determined from BTI specialists and independent valuers are invited to estimate the value of other property.

Other costs incurred by the heirs when applying to a notary office for the processing of the inheritance:

1. For the preparation of a certificate of attorney for the conduct of the inheritance case.
2. To opening an inheritance case.
3. Notary requests (pays for each request separately).
4. For a copy from the EGRP.
5. For the cadastral passport with the amount of the estimated cost of the facility on the date of the owner ' s death.
6. For official registration of ownership.

A notary may refuse to issue a certificate of ownership of the deceased relative's property if he or she does not apply to a notary office for formal registration of the right to inherit.Have to go to court.which significantly increases the cost of processing inheritance rights.

And there are also disputes between the actual heirs, so that the division of property is prolonged indefinitely, so read about the types of inheritance here.

Entry pledge

If the property in question has been used in the estate as collateral, the successor, if he agrees to the inheritance, must first settle with the organization that financed the estate on bail; the terms of the settlement can be ascertained when the contract between the organization (bank, credit society, etc.) and the heir is known.

For the benefit of the successorSee the contract body in detailon a mortgage service and then try to negotiate with the management of the organization/bank/society on debt restructuring or other benefits – if the heir intends to accept the inheritance.

If the successor refuses to do so, he shall be excused from paying the debts of the heir, provided that he did not act as guarantor in the contract between the heir and the organization that requested bail in exchange for his services.

• If the market valuation of the deceased heir ' s property is higher than the cost of paying off his debts, the successor has the benefit of accepting the inheritance, even in view of the costs to be incurred.
• If there are more than one successor, the debt of their successor shall be divided into each of the heirs (according to the amount of the share due to them).
• To settle the debts of the deceased heirOnly the debtor ' s funds are admissible.
• The personal property of possible and present successors cannot be used to settle the debts of the testator when the value of the inheritance is less than the value of the deceased ' s debts.

The heir ' s insurance may be of considerable assistance in the calculation of the estates that are the subject of the inheritance, but the heir should bear in mind that the security payment can only be paid for the payment of the loan body and interest on it, and the penalty is recovered from the estates of the heir.

Processing rates

Total mandatory costs of the inheritance:

1. The government is responsible for each of the inheritance sites - 0.3 per cent of the estimated cost per successor for Releases 1 and 2; 0.6 per cent for the other categories of heir.
2. Payment for legal and technical work (PTC).

What is meant by PTH payment:

1. Certification of document (trusts, certificates of inheritance, certificate of right to use under the principle of joint right of use, contract of division) by a signature, including the price of a prescribed form.
2. Execution of requests to banking and other institutions (each request is paid separately).
3. It's a will.

Examples of selected types of notarization work:

1. Acceptance of a private will.
2. An autopsy of the will.
3. The invalidation of all or part of the testator ' s testimonial document (in the event of a finding of irregularity or of a reason to believe that the document was prepared in the event of non-compliance with the conditions recommended by law).
4. Issuance of certificates of succession to each individual type of property.
5. Inventory of property for the purpose of keeping it safe (payment is made on an hour-by-hour basis).

In the case of an immediate will, if there is a need to fill out several pages, fees are charged in a page-by-page manner.

It's good to know.

If you suspect that the tariff grid at the notary office is overestimated,apply to the notary chamberIn the latter case, it is recommended that the amount of court fees be calculated first and compared with the amount requested by the notary.

Succession is a cost-effective procedure, even if it is possible to take advantage of the officially established discounts for the property rights of the deceased heir.

The beneficiaries are the heirs of the inheritance, who can trust each other and order one certificate for two for each individual site.

Where the estate is the subject of collateral, it makes sense to know first what will be left to the heirs after paying the debt to the borrower and then to decide whether the inheritance is appropriate.

Succession: The cost of the heirs in the acquisition of the inheritance

In accordance with article 1174 of the Russian Civil Code, the necessary expenses caused by the death of the testator shall be reimbursed at the expense of the inheritance within the limits of its cost.

These may include costs:

• For the proper burial of the heir, including the necessary expenses for the place of burial;
• Due to the pre-mortem disease of the heir;
• Protection and management of inheritance property;
• Probate-related matters.

Claims for any of the above costs may be submitted by:

• to the heirs who took the inheritance;
• A will holder or a person in possession of the estate prior to the inheritance.

It is in the latter case that the notary makes an order for reimbursement.

This order is binding on the persons in possession of the estate, which is reimbursed before the debts of the heirs are paid and within the value of the estates passed to each of the heirs.

In the event of any expenditure of any kind, the SCK of the Russian Federation has established a priority for the reimbursement of such expenses:

• The cost of pre-mortem disease and the burial of the heir shall first be reimbursed;
• Second, expenditure on the protection and management of the inheritance;
• Third is the cost of executing the will.

Expenditure due to Premortem Disease

The cost of caring for the heir during his illness was rarely paid in the notary practice.

Difficulties were generally caused by the impossibility of:

• Document the amount of expenditure incurred;
• To prove their necessity.

The costs associated with the pre-mortem disease of the heir, depending on the situation, may include:

• Costs for the purchase of medications in accordance with a doctor ' s prescription;
• The cost of caring for an heir in need of assistance (direct care, food, cooking, laundry, cleaning, etc.);
• Medical fees (operation, dressing, injections and other medical procedures) etc.

Refund of funeral expenses

Any money owned by the heir, including in deposits or bank accounts, may be used to cover the cost of a proper burial.

If the bank has a testator ' s order (art. 1128), the heir is entitled at any time before the expiry of six months from the date of the opening of the inheritance to receive from the deposit or the account of the heir the money necessary for his funeral.

A notary ' s order is not required if a willed contribution is received for the specified purposes.

The bank must issue funds for the proper burial of the heir upon presentation of the heir ' s death certificate.

This procedure for the payment of funeral expenses is possible in the event of the commission of a testator ' s order after the entry into force of part three of the Criminal Code of the Russian Federation, i.e. after 1 March 2002, the contribution is part of the estate.

A testimonial order issued before 1 March 2002 imposes a duty on the bank to make a full contribution to a named person upon presentation of evidence of the investor ' s death, which is not part of the estate.

If there is no bequest order on the deposit, the deposit is part of the estate.

Banks are obliged, by order of the notary, to provide them to the person referred to therein to pay for the funeral expenses of the heir, and the notary ' s order on the payment of expenses must be submitted to the bank, which, in accordance with article 1174, paragraph 2, of the Russian Civil Code, as well as article 69, on the basis of Russian legislation on notaries, may be issued by the notary prior to the succession of the heirs.

Once the heirs have accepted the claim for the cost of the heir ' s funeral, it is not the persons in possession of the heir ' s estate who have the heir ' s property but the heir who has taken the heir ' s.

In accordance with article 1174, paragraph 4, of part three of the Criminal Code of the Russian Federation, limits are set on the costs for which the notary is entitled to order their payment.

The amount of money given to the heir or a notary named by the bank to a person for a funeral may not exceed 40,000 roubles.

When ordering the payment of funeral expenses, the notary must reduce the actual costs incurred to the specified amount.

In addition, under article 10 of Federal Act No. 8-FZ of 12 January 1996 on burial and burial, a social benefit equal to:

• the cost of services provided under the guaranteed list of burial services, but not exceeding4 000 rubleswith subsequent indexation based on the projected inflation rate established by the Federal Act on the Federal Budget for the fiscal year and the planning period, within a time frame to be determined by the Government of the Russian Federation.

A notary (or an executor of the will) shall be guided by valuation principles such as reasonableness and reasonableness in making an order for reimbursement of costs.

Thus, the necessary expenses for the proper burial of the testator may include:

• Acquisition of a coffin and clothing for burial of the heir;
• Payment for the construction and construction of the burial site;
• Transport services, etc.

Expenditure on the protection and management of inheritance property

The costs associated with the administration of inheritance property and the protection of inheritance property have rarely been paid, as measures for the protection of inheritance property have not been often taken in practice.

Expenditure on the protection and management of inheritance property may include:

• Payment of immediate storage (bank box, safe, warehouse, etc.);
• The payment of remuneration to the custodian of the estate;
• The payment of remuneration to the trustee if the estate includes property requiring management;
• Cost of property valuation and transportation;
• The court costs incurred by the perpetrator of the will in the event of the dispute in court, etc.

Procedure for payment of expenses arising from the death of the testator

The practice is based on a previously tested procedure: the presentation of evidence that the cost of the testator ' s funeral was actually incurred.

The person who actually performed the burial shall submit to the notary, who shall be responsible for the processing of the inheritance case, an application for payment of the expenses incurred by him or her.

The notary shall establish the identity of the applicant.

The following may be used as evidence of the cost incurred in the burial of the testator:

• Accounts from shops and funeral agencies;
• Commodity and cashier ' s cheques;
• Acts of the funeral commission, etc.

In addition to documenting the costs, the notary must be provided with a certificate from the deceased ' s last permanent residence indicating the place of discovery of the inheritance, as well as the possible heirs who took the inheritance.

On the basis of the application made by the notary, the inheritance case is filed and the application is recorded in the register of inheritance cases.

One copy of the order is given to the person concerned and the other remains in the inheritance file.

An order for payment of funeral expenses is notarized, is registered in the register of notary acts and is subject to a State duty (tariff).

Responsibility of the heirs for the debts of the heir

Article 1175 of the Criminal Code establishes the procedure for exercising the responsibility of the heirs on the debts of the heirs.

In accordance with article 323 of the Criminal Code of the Russian Federation, the heirs of the inheritance are liable on the estates of the heir in solidarity, namely, each of the heirs is liable on the heir ' s debts within the value of the estate transferred to him.

The heir who took the inheritance by means of the inheritance transfer shall, within the value of the inheritance property, answer the debts of the heir to whom the property belonged and shall not respond to the debts of the heir from whom the right to inherit was transferred to him.

Creditors of the heir have the right to present their claims against the heirs within the time limits prescribed for the claims.

In the event of claims being brought by creditors, the limitation period established for the claims in question shall not be interrupted, suspended or restored.

Conclusions

• The cost of the burial of the heir, like the other expenses envisaged, shall be reimbursed by the sums of money that are part of the estate (accompanies in banking institutions, lost pensions, wages and other related payments if the sum in question is the estate, insurance, etc.) and within its value.
• These include expenses caused by death, funerals, inheritance protection and management, and expenses related to the execution of a will.
• Claims for reimbursement of expenses are made to the heirs of the inheritance, to the perpetrator of the will and to the persons in possession of the estate prior to its acceptance by the heirs.
• The inheritance law establishes a priority for the reimbursement of these expenses, which is based on a notary ' s order.
• If the money from the testator ' s deposit is received by the heir referred to therein, the notary ' s order is not required; it is sufficient to produce a death certificate.
• A notary ' s order is required when the expenses are incurred by a person other than the heir.
• The bequest orders drawn up before 1 March 2002 must be issued in full by the bank, and no more than 40,000 roubles must be issued after 1 March 2002 (since the entry into force of the third part of the Russian Civil Code).
• The costs should be documented.

Acquisition of inheritance

After a loved one leaves life, relatives are given the opportunity to obtain the assets they acquired during their lifetime, which seems to be a simple procedure that in practice can become impervious, so it is so important to know the course of action and the nuances of inheritance law. So how is the acquisition of inheritance carried out?

Acquired value acquisition

In order to obtain the deceased ' s belongings, the successor must inherit; this procedure allows for the acquisition of the goods and is a unilateral transaction reflecting the successor ' s intention.

The beneficiary is free to exercise or renounce his right; the decision is taken without conditions; under article 1152 of the Russian Civil Code, acceptance of one of the assets entails acceptance of the inheritance in its entirety.

If the beneficiaries are more than one, they take the goods personally, as evidenced by the provisions of civil law, in particular article 1152 of the Civil Code. The acceptance of values by one of the applicants does not automatically result in the acceptance of the benefits by the other successors.

What methods exist for the acquisition of property?

There are two ways: one is formal by law, the other is factual; the legal method involves applying to a notary and entering into a succession case; the citizen is issued with a certificate after six months.

The actual method involves the receipt of property without going to a notary office; the person becomes the owner only after the mandatory actions relating to the possession and disposal of the assets have been carried out; the list of main activities is set out in article 1153 of the Criminal Code of the Russian Federation and contains:

• The use of an apartment (home, room) in which the landlord and the beneficiary lived;
• Security of property;
• The cost of maintaining the facility;
• Payment of public services, payment of the deceased ' s debt, receipt of loans from other persons taken from the deceased in the course of their lives.

Documents

Regardless of the method of inheritance, a package of papers must be collected and submitted to the notary. The documents are proof of the rights enjoyed by the citizen. The list of acts is directly dependent on the circumstances. The list can be requested directly from the notary office. In general, the applicant will be required to hold the following documents:

• Passport;
• A certificate of the death of a loved one;
• A certificate received from the last residence of the applicant;
• Will (if any);
• Paper showing the relationship between the successor and the deceased (verification of the union, birth (adoption) of the child, dissolution of the relationship, change of identity);
• Records on registration of property rights, technical and other information on facilities;
• a receipt of the payment of the duty provided for in the legislation in force.

When is the certificate issued?

The act is a document confirming a citizen ' s right to receive benefits from a deceased relative and is registered in the notary office where the case is located.

Extradition shall be granted to applicants who have filed an application or who have performed the acts described earlier; the lawyer shall examine carefully the information provided by the citizen and ascertain the relevance of the information.

The verification of evidence and the collection of data on potential beneficiaries (site locations) take a long time.

With the consent of the person to receive the items acquired by the person concerned and to complete the initial stage of the procedure by a lawyer, the citizen must register the property; this is the case with facilities requiring compulsory registration with the public authorities.

It will be necessary to visit Rostreestra's office with a statement and the following documents: passport; certificate giving official status to the successor; value papers; and fee receipt.

After 30 days, the new owner will be able to carry out all the activities required by the NAP.

Time frame for the submission of the application

An application for an asset may be made during the period of the application.6 monthsIf this possibility arises as a result of the refusal of another person, the period shall be calculated from the date of submission of the application (judicial decision).

Can the time lost be extended?

It is often difficult for applicants to comply with all the requirements of the law in six months, so that the legal period often expires before the inheritance is made up; this may be due to valid reasons as well as to non-respectful reasons; it is possible to correct the situation in two ways.

The first is to obtain the consent of other applicants who have already indicated their position formally, through an agreement that will allow for the redistribution of the deceased's belongings.

The second is to bring a claim before a district (city) authority; the authority only gives a favourable decision when the reasons for the missed deadlines have been respected.

Any procedure involves a financial expense; in some cases it may not be possible for the heir.

The principal payments that the applicant will have to make are: the government service (0.3 per cent of the value of benefits for close relatives in the first line, 0.6 per cent for distant relatives; payment to an expert organization evaluating assets (1 to 10,000 roubles); payment to a notary (up to 3,000 roubles); and payment for the State registration of objects (1,000 roubles).

Conclusion

Thus, inheritance involves the conduct of procedures defined by the law; the acquisition of assets can be both formal and valuable; the means of acquiring the inheritance are different in terms of the legal acts of the person concerned.

The first method involves legal action when resorting to a notary.

The second, in turn, allows for close use of housing after the death of a relative, but does not allow transactions to take place with him.

The applicant will have to agree on an extension with the other beneficiaries or apply to the court, and the Authority will take a decision on the basis of the explanations provided by the applicant (disease, lack of information on the death of the applicant).

How to accept an inheritance

The heir chooses his own way of accepting the inheritance.There are only two ways:

• formal(by processing documents);
• actual(by means of possession and orders).

Even if a person actually took possession of the property, he or sheis entitled to apply to the notaryThis is the best option: properly and in a timely manner, documents will protect the heir from multiple problems in the future.

Actual acceptance- It's a rather controversial way, an undeniable case is only the heir's joint residence with the heir.

Formal acceptance of the inheritance

This is an application to a notary office or an official authorized to issue certificates of inheritance.

Succession cases fall under the jurisdiction of notariesat the place of registration of the deceasedThe application may be for the acceptance of the inheritance or for the issuance of a certificate of right to inherit.

The second application is possible without the first, and this will be recognized by the acceptance of the inheritance.

Contents of the statement:

• Data on the applicant and heir (FIO, residence);
• The date of the last death;
• The content of the applicant ' s will to accept the inheritance;
• The grounds for succession;
• Other available information on the content of the inheritance and heirs;
• Date of application and signature of applicant.

Methods of application:

• Self-inflicted.
• MailingThe applicant ' s signature must be notarized, and a letter must be sent through the liaison office no later than 24 hours of the last day of the deadline.
• Through a third personThe applicant ' s signature must be notarized and the grantor ' s power of attorney is not required.
• Through the representativeThe legal representative shall speak without any power of attorney, otherwise the power of succession shall be expressly established in the power of attorney.

Actual acceptance of the inheritance

Part 2 of article 1153 of the Civil Code of the Russian Federation sets out the following acts, which indicate the actual acceptance of the inheritance:

• The possession and management of inheritance property;
• Take measures to preserve it;
• Maintenance costs;
• Payment or acceptance of the heir ' s debts.

The list is of a general natureis subject to broad interpretation and the notary decides on his own to prove acceptance of the inheritance in fact.

The actual acceptance of the inheritance shall take place within the time limit set for the acceptance of the inheritance.

The heir who actually accepted the inheritance is entitled to apply for a certificate of right to inherit at any time.There is no time limit.

The heir bears the burden.of documentary evidenceof succession by submission:

• Certificates of joint residence with the heir on the date of his death, use of the estate of the heir;
• Contracts for the rental of inherited property;
• Collections of debts, loans, taxes and penalties for the heir;
• Communal payments receipts for inherited property, etc.

In accordance with article 28 of the Code of Civil Procedure of the Russian Federation, in the absence of documentary evidence of the acceptance of the inheritance and the expiry of the prescribed period, the fact of the acceptance of the inheritancemay be established through a court of law.

Date of acceptance of the inheritance

The total period is calculated from the date of the opening of the inheritance.six monthsIV. There are also specialextendedwhich apply in cases of:

• For persons who have acquired the right to inherit only after the primary heirs have refused to inherit or have been declared unworthy, six months after the occurrence of the circumstances;
• For the child of the heir born after the discovery of the inheritance, six months from the date of his birth;
• For persons who have acquired the right to inherit only after they have not accepted it by the first heirs, from the day of the end of the general period of three months;
• For appointed heirs, after the end of the six-month period, three months;
• In an inheritance transmission, within a total period of time, but if less than three months are left to expire, it shall be extended to three months.

Conclusion

The law clearly regulates the timing and the means of accepting the inheritance, the observance of which is in the interest of each heir.

Legacy of the heir- It's a rather expensive procedure, but it's inevitable, because even in accepting an inheritance in fact, it's not necessary without a certificate of right to inherit.

The actual acceptance of the inheritance is controversial and rarely brings the heirs to court.