However, it will be cheaper to collect all the necessary certificates yourself by first filling out a sample application for acceptance of inheritance by law.
How to register an inheritance?
- Mandatory inheritance.
- Actual inheritance.
In the Civil Code, in articles 1057 to 1063, the order of inheritance by line is strictly prescribed , according to which the heirs can count on their part of the inheritance according to the law.
If you do not live in the city where the inheritance was left to you, then you can submit a written statement to the notary by email or state mail. The notary has no right to reject such an application.
To complete the application, the heir can contact a nearby notary, who will certify his signature and check the accuracy of the document.
After this, the application can be sent to the appropriate notary.
An application for proof of the right to accept an inheritance must be submitted if there is a completed will, as well as when transferring property by law.
The heirs' application must be in writing and submitted to a notary within six months after the death of the owner.
If such a procedure for transferring property did not take place, then the law will rule that the heir did not take possession of the property.
After the opening deadline, the heir will need to file a claim to receive the inheritance through court proceedings.
There are situations when the last place of residence of the owner is not possible to find out, then the heirs have the right to open an inheritance at the location of the property.
The opportunity to open a case to receive property opens on the day of the death of the testator. The last place where the citizen-owner lived is the place for opening the inheritance.
Compulsory inheritance
The obligatory part of inheritance is half the share that would go to each heir upon transfer of property by law.
It is very important to know your rights to inheritance according to the law and timely submit an application to receive an inheritance share within six months after the opening of the inheritance. If such actions are not taken, then the heirs will have to go to court.
Relatives who have applied for a share of the inheritance can take advantage of ignorance of inheritance rights, while deliberately hiding other heirs by law. Subsequently, this leads to litigation, which ends in the redistribution of inheritance shares.
The importance of timely preparation of an application for inheritance under the law cannot be neglected.
It is important to know! According to the law, there is a set period of time for accepting an inheritance, but there is no deadline for issuing a certificate of inheritance.
After completing the application, you can start collecting the necessary documents. And you can be issued a certificate in 8 months or 5 years.
Actual inheritance
Actual inheritance includes the fact that the heir directly participated in the management of the owner's property. Most often, the heir lived with the citizen-owner until his death.
An heir who:
- Paid utilities for housing.
- Carried out renovation work in a residential area.
- He worked on a piece of land.
Any action performed by the heir must be confirmed with the help of certificates and documents . Also, the heir had to take care of the owner six months before his death; all actions performed earlier are not taken into account for the actual inheritance.
Algorithm of actions of the heir-applicant
To quickly complete documents and enter into inheritance, you must follow a certain sequence. There are four main stages:
The first stage: you need to decide where you need to open inheritance
According to the Civil Code of the Russian Federation, Article 1153, paragraph No. 1: “According to the place of opening of the inheritance, a citizen must submit an application for the acceptance of property into the possession of a notary or an authorized person.”
Second stage: you need to correctly compose an application
This right is based on the Basic Legislation on Notaries of the Russian Federation dated February 11, 1993 No. 4462-1.
The application will need to provide the following information:
- Personal details of the notary.
- Passport details of the heir.
- Grounds of inheritance: obligatory, actual, by will.
- Passport details of the citizen-owner.
- Last place of residence of the owner.
- Date of death of the testator.
- Confirmation of the desire to accept the inheritance.
- Specify legal heirs.
- Specify heirs under the will.
- Describe the type of property and its location.
- Sign and date the application.
It is worth considering that the heir may not indicate the data in paragraphs 5 to 8, 10 if they are unknown to him.
If the application is submitted to the notary not in person, but through mail or an authorized representative, then the signature must be notarized. This happens when the heir does not live in the place of the inherited property.
According to the Civil Code of the Russian Federation, Articles 1153, 1125, 185, the following officials can certify the heir’s application:
- Notary.
- Representatives of local government.
- Representatives of consular departments.
- Commanders of a military unit.
- Representative of the social security agency.
Stage three: collecting the necessary documents
- Certificate of opening of inheritance.
- Certificate of death of the owner of the property.
- Certificate of relationship.
- An extract from the house register confirming cohabitation.
- A document about property that is included in the inheritance.
The above documents are necessary for the correct registration of inheritance. However, not in all cases such documents need to be provided to obtain the right to the owner’s property.
Step four: submit an application
Within six months after the death of the citizen owner, an application for acceptance of the inheritance must be submitted. The application can be submitted to the notary in person, by mail or through a proxy.
Video: Application for acceptance of inheritance
Download:
Application for acceptance of inheritance by law - Form.doc
Application for acceptance of inheritance by law - Sample.doc
Application for inheritance - sample
After the death of loved ones, many issues related to registration of inheritance and obtaining legal real estate have to be resolved.
To do this, you need to write an application for inheritance according to the sample from a notary after the death of the testator.
But this is only the beginning of the journey, since all interested parties face a lot of paperwork, and sometimes even court proceedings, because it happens that you have to prove your right to property.
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →
It's fast and free! Or call us by phone (24/7):
If you want to find out how to solve your particular problem, call us by phone. It's fast and free!
What you need to know about inheritance?
As for the time frame for entering into an inheritance, they are limited to six months from the date of opening the case by a notary. Sometimes the deadlines are longer or shorter, depending on the situation and circumstances. Each case is considered by the court on an individual basis. As for documents, they come in three types:
- Confirming the fact of death;
- Inheritance rights;
- Additional, clarifying documents.
The first includes a death certificate and an extract from the house register. The second includes a passport or birth certificate, as well as a document confirming relationship, certified by a notary according to the sample.
How does inheritance take place?
The application is just one of the moments when entering into an inheritance after the death of a relative or loved one. When protecting your rights to take possession of the inheritance estate, you need to adhere to a few simple rules:
- Collect the necessary documents, consult with a lawyer and write an application for inheritance according to the sample;
- Check to see if the will is available at your nearest notary office. If he is not there, then you will have to find a notary who is involved in the process and go to him to confirm your rights;
- An attorney will begin the process and help you take over your inheritance rights.
Algorithm of actions
The procedure includes several simple steps:
- Contact a notary after the death of a loved one and fill out an application for inheritance;
- Collect the necessary documents and provide them at the office;
- Pay the state tax according to the tariffs. There is no single price, but there are benefits and discounts for different categories of people;
- Complete the transfer of property. This process takes almost six months after the death of a loved one and the opening of the case;
- In cases with real estate, its registration in the Russian Register will be required.
Download a sample application for acceptance of inheritance
Will and entry into rights
The procedure for entering into inheritance rights under a will is a little simpler. Because you only need identification documents. There are two types of wills: open and closed. The essence of both documents is that the deceased himself disposes of his property and can include whoever he wants among the heirs, distributing shares between them, and exclude some citizens. However, he does not need to explain the reasons for the decision. However, there is a category of compulsory heirs, which includes minor children and incapacitated citizens. In any case, they will receive part of the real estate.
If a will has not been drawn up, then the law itself will distribute the shares among all interested parties in order of relationship and in equal parts. Because of this, disputes and problems often arise, since some people do not have time to assume their rights. Then the case goes to court.
It is possible to come to a general agreement without it, but this rarely happens, since the heirs have to write a written consent to review the case and cancel the documents on the property. After this, the notary will redistribute parts of the apartment or house.
As for the court, it carefully studies documents, evidence, testimony of witnesses and only makes a decision after a few months.
The process of entering into inheritance rights is not so difficult if you deal with this issue immediately after the death of a relative. If you delay and do not follow the procedure, you may lose your property altogether. In any case, you can’t do this without the help of professionals.
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form.
It's fast and free! Or call us by phone (24/7):
If you want to find out how to solve your particular problem, call us by phone. It's fast and free!
Give your rating: (votes: 1 , average score: 5.00 out of 5) Loading...
Application for inheritance (Sample)
Home / Inheritance / Application for inheritance (sample)
Views 9506
An application for inheritance is a document expressing the intention of the heir to enter into inheritance rights.
Where should the application be submitted?
The application must be submitted to a notary's office : either the one in which the will was drawn up, or the one that operates at the last place of residence of the testator, at the location of the bulk of the inherited property - depending on whether inheritance occurs by will or by law.
What is the application deadline?
There is a strictly defined deadline for submitting an application. It is 6 months and begins its counting from the next day after the death of the testator or from the day when the court decision recognizing the testator as deceased entered into legal force.
After the expiration of the 6-month period, the heirs lose the right to submit an application for inheritance. Except in cases where the deadline was missed for valid reasons.
In this case, you must go to court with a claim and provide evidence of valid reasons, then the specified period may be extended.
Read more about this in the article “How to enter into an inheritance after 6 months.”
In some cases, an even shorter period is allotted for this. For example, if the priority heirs refuse the inheritance, the next priority heirs will have to submit an application before the expiration of the initial 6 month period. Only if there are less than 3 months left before its expiration, it can be extended for another 3 months.
Application procedure
Submitting an application to a notary is only one of the stages of the procedure for entering into an inheritance, which is preceded by the collection of documents, followed by payment for notary services and obtaining a certificate.
So that the heirs have a clear idea of the upcoming procedure, we will consider the step-by-step procedure for entering into an inheritance, in which filing an application is of significant importance.
- First of all, you need to prepare documents.
To enter into an inheritance, a whole package of documentation is required, which confirms the death of the testator, the value and composition of the inherited property, and the rights of the heirs to inherit this property. We are talking about the following documents:
- death certificate or court decision declaring deceased;
- a document about the last place of residence of the testator - an extract from the house register, a certificate from a housing maintenance organization or a “passport office”;
- passport, other document proving the identity of the heir;
- documents confirming the relationship between the testator and the heir - birth certificates, adoption certificates, marriage certificates, divorce certificates, change of surname.
Note. Documents confirming family ties are needed only if inheritance occurs by law or if the heir claims an obligatory share in the inheritance. If inheritance occurs under a will, only a will is sufficient.
In addition to the above basic documents, additional documents may be required, depending on the circumstances. For example, title and technical documents for inherited property.
You can find out the full list of documents required to enter into an inheritance in the article “What documents are needed to enter into an inheritance.”
- With the prepared package of documents you need to contact a notary .
As mentioned above, the choice of a notary office where to submit an application depends on whether the inheritance occurs by will or by law.
But how can you determine whether a will has been made? To do this, you need to contact any notary office - using a single database you can determine the presence or absence of a will.
If the testator made a will, it is kept by the notary who certified it - and you need to contact him to enter into inheritance under the will.
If there is no will, the inheritance case will be conducted by a district notary (at the last place of residence of the testator or at the location of most of his property, for example, real estate).
- Draw up and submit an application for acceptance of inheritance .
There's nothing complicated about it. Firstly, because below we offer a sample and detailed explanations about the preparation of the document. Secondly, even if difficulties arise, any notary will kindly provide assistance, especially since every notary office has a sample.
- Pay the state fee
You will not have to pay inheritance tax. But it is necessary to pay for notary services - conducting the inheritance case and issuing a certificate. The amount of the state duty depends on the relationship between the testator and the heir. And also on what is the total value of the inherited property.
If the application deadlines have been met, a full package of documents has been prepared, and notary services have been paid, the next visit to the notary’s office will occur after the six-month period. After all, you need to get your own copy of the certificate of inheritance.
- Register ownership of inherited property with state registration authorities
We are talking about real estate, land, a car or other vehicle, as well as property the possession of which requires a special permit (for example, weapons).
How to correctly write an application for inheritance? Sample
As promised above, in order to avoid difficulties when drawing up an application at a notary’s office, we will consider in detail what the form and content of the document should be.
- First, the so-called “cap” is filled in. The name and address of the location (republic, region, region, city, district) of the notary office to which the application is submitted is indicated. Then the details of the applicant, that is, the heir, are indicated - full name, registration and residence address;
- Then follows the title of the document - “Application for entry into inheritance, for the issuance of a certificate of right to inheritance”;
- This is followed by the text of the document approximately as follows:
“On August 1, 2015, Petr Dmitrievich Gromeko died, living at the address: Moscow, st. Pobeda, 125, apt. 25. The heir according to the law of the first priority is me, the son of P.D. Gromeko. – Gromeko Ivan Petrovich, living at Moscow, st. Pobeda, 125, apt. 25.
The inherited property is a two-room apartment with a total area of 56 m2, located on the 5th floor of a 10-storey building, located at the address: Moscow, st. Pobeda, 125, apt. 25.
With this statement I express my intention to accept the inheritance. I ask you to issue a certificate of inheritance. There are no first-degree heirs.”
- The date of submission of the application to the notary is indicated;
- The document ends with the personal signature of the heir.
Note! The application for acceptance of the inheritance must be written in person and submitted to the notary in person. The law does not provide for the possibility of doing this by proxy.
- You can see the sample below:
One for everyone or one for each?
In the example above, the application was submitted by the sole heir. If there are several applicants for the inheritance (no matter, by law or by will), each of them must submit a personal application to the notary.
The certificate can be issued in one copy for all heirs, or one copy for each heir.
Refusal to inherit
If one of the heirs does not want to take part in the inheritance procedure, he can refuse the inheritance. He should also contact a notary, but with a different statement - about renouncing the inheritance. Moreover, the refusal can be made both in favor of another heir (who will inherit his share) and in general (then his share will be distributed among the remaining heirs).
Application for inheritance: examples and samples
The main stage of processing documents for inheritance rights is writing an application. This is the very beginning of the path that the applicant has to go through to confirm his rights.
In order to quickly issue a certificate, which is considered to be confirmation of the heir’s authority to accept the property of the deceased testator, it is necessary to contact a notary within a strictly defined period of time by law and draw up the appropriate paper. It is on its basis that the applicant declares an interest in the inheritance mass.
It is important to write a document expressing the desire to enter into an inheritance strictly within a period of 6 months, which begins to count from the day following the day of death of the testator.
This paper expresses the desire of the heir to enter into the rights granted by law. You can write it personally or by granting such right to a trusted person.
In this case, it is necessary to have a power of attorney to perform certain actions.
Where can I get a sample application?
At the first visit to the notary, the heir can familiarize himself with a sample of filling out an application for entry into inheritance. You can also write the corresponding paper there. It is compiled according to the following rules:
- in the upper right corner the addressee in whose name the document is written is indicated (name of the office, address of its location and full name of the notary in charge of this case);
- Below are the details of the applying heir (full name, passport details, registration address).
The main text of the application must contain the following provisions:
- date of death of the testator, degree of relationship of the applicant, full name. the testator, his last residence address;
- a list of all other heirs (if the applicant has such information);
- a list of all property that is inherited (type and distinctive characteristics);
- consent to accept inherited property;
- request for a certificate of inheritance.
The final point of content is the personal signature of the interested person and the date of application, which coincides with the date of writing this paper.
For example:
Notary Pochkina I.I.
from Gribko E.E.
residing at: st. D. Kovalchuk 17-17
STATEMENT
On May 5, 2006, Gribko I.Z., who was my mother, died.
She lived permanently at the address: st. D. Kovalchuk 17-17.
There are no other heirs besides me.
Composition of the inheritance:
apartment located at: st. D. Kovalchuk 17-17, estimate is 3122 thousand rubles;
With this application for inheritance, I express my decision to accept the listed inheritance and ask that you issue me a certificate of right to it.
How to draw up an application for accepting an inheritance (entering into an inheritance)
- Application for inheritance: where and how to write it
- Order of heirs
- Which notary should I apply for acceptance of inheritance?
- Sample application
Application for inheritance: where and how to write it
First of all, it should be said about the general procedure for writing an application for acceptance of an inheritance, since most people who are faced with the loss of a loved one are in a state of panic and do not understand what should be done in such a situation. To do this, we have compiled a simple algorithm for rational actions:
- We need to start collecting documents. In order for the inheritance to take place in a timely manner, you will need to prepare a certain list of papers:
- death certificate (it can be replaced by a court decision declaring a citizen dead),
- documentary evidence of his last place of residence, which can be confirmed by an extract from the house register or a certificate from the HOA,
- heir's passport,
- official papers indicating relationship with the deceased (marriage, birth or adoption certificates, etc.).
In addition, special documents may be required for a specific case. In particular, when it comes to a mandatory share, it may be necessary, for example, to provide a certificate of disability or others.
- Then you should contact a notary. You first need to find out whether the deceased has drawn up a will in order to know which notary you need. To do this, it is enough to contact any notary office, whose employees are able to check the presence or absence of a will from any of the notaries. If there is a will, then contact the notary who has this document in custody, and if there is no will, contact the notary serving your area.
- With a set of documents you can go to a notary, and an application for acceptance of the inheritance is submitted to him. Every notary usually has a sample of it, so you don’t have to “reinvent the wheel.” By the way, you also need to pay a fee, the amount of which directly depends on the degree of relationship with the deceased, as well as on the value of the inherited property. This can be done directly at the notary.
- The next appeal to the notary will follow when a certificate of the right to inheritance is issued, this will happen after the expiration of the period allotted by law.
- Now we have to start registering the transfer of ownership of the property, if necessary. Not all property is subject to registration, but only those specified by law. For example, we can talk about real estate (both residential and non-residential), vehicles, weapons, etc.
Order of heirs
It happens that after the death of a citizen, the right to receive an inheritance arises not from one person, but from several at once. Therefore, the notary must notify all of them about the emergence of the right of inheritance, regardless of what caused the emergence of the right to inheritance (by will or by law).
If we are talking about inheritance under a will, then this is quite likely not only in relation to relatives (regardless of the degree of relationship), but also to third parties designated by the testator as his heirs.
If there is no question of a will due to its absence, then inheritance is carried out according to the rules defined by Russian legislation. One of these is the order of inheritance, which directly depends on the degree of relationship of the heirs with the deceased.
To date, legal documents have defined 8 such queues.
- The first of them includes the parents, children and spouse of the deceased.
- In the second priority, the right to inherit belongs to brothers, sisters, and grandparents.
- Next comes the turn of the uncle and aunt.
- In the fourth line are great-grandparents.
- In the fifth - great-aunts, grandfathers, grandchildren and granddaughters.
- In the sixth place, the right to inheritance is acquired by cousins, aunts and uncles, nephews and great-grandchildren.
- The seventh line of inheritance is stepmothers, stepfathers, stepsons, stepdaughters.
Dependents of the deceased who are unable to work for health reasons are heirs of the 8th stage. But they have the right to accept the inheritance at the same time as the heirs who are called to inherit. For example, if the deceased has a spouse who is a first-degree heir, then a disabled dependent will inherit along with him.
When none of the heirs of all orders expresses a desire to enter into the inheritance or there are simply no such heirs, then in this case the property will be recognized as escheat and it will have to go into state income.
Don't know your rights?
Subscribe to the People's Adviser newsletter. Free, minute to read, once a week.
It is also important to emphasize that in addition to the property of the deceased, his property obligations, that is, existing debts, are also inherited. In this case, the amount of debt will be proportionally divided among the heirs, in accordance with the share due to each of them in the total inheritance.
By the way, if there are several heirs, everyone without exception will have to apply for acceptance of the inheritance.
If one of the heirs expresses a desire to renounce his share, he will also have to write a statement about this with a notary, and he can refuse either in favor of a specific heir or in general.
In the second case, the unaccepted part of the inheritance will be distributed among the remaining heirs in equal shares.
Which notary should I apply for acceptance of inheritance?
In accordance with Part 1 of Art. 1153 of the Civil Code of the Russian Federation and Art. 62 “Fundamentals of Legislation...”, approved. RF Armed Forces 02/11/1993 No. 4462-1, to accept an inheritance, you must contact a notary at the place of opening of the inheritance, i.e. at the last place of residence of the deceased (Part 1 of Article 1115 of the Civil Code of the Russian Federation).
In accordance with Part 2 of Art. 1115 of the Civil Code of the Russian Federation, if the last place of residence of the deceased is unknown, the heirs will have to contact a notary at the location of his property.
If the property is located in different regions of the country, the choice of a notary should be made based on the location of the most valuable real estate (and in its absence, the most valuable movable property).
The above rule does not apply if the testator has made a will.
In this case, you need to contact the notary in whose presence the document was prepared and who keeps the second copy.
The legislation does not prohibit the testator from independently choosing a notary who will certify the document, so the will can be held by any notary in any notarial region of the country.
If the testator has not left the heirs with accurate information about where exactly the will is kept, you should contact any notary office. Information about the will is available in the unified information system. You can obtain it by submitting documents confirming your relationship with the applicant. Having received information about the place where the will was drawn up, you must go to the notary where it is kept.
Sample application
As mentioned earlier, the inheritance procedure involves writing an application for acceptance of the inheritance. In order to get a general idea of what it looks like, we present its standard form and content:
- The very first line indicates which notary office such an application is being submitted to, and in what city this office is located.
- The following is a link to the applicant’s personal data (full name, registration address).
- In the center you write: “Application for entering into an inheritance and issuing a certificate of the right to inheritance.”
- The text has approximately the following form: On January 20, 2018, Maria Ivanovna Kapitonova, living at the address: Moscow, st. Lenina, 1, apt. 15. I am the heir of M.I. Kapitonova, her daughter, Larisa Dmitrievna Prokhorenko, who lives with her at the indicated address. The inherited property is a three-room apartment located on the 5th floor of a 5-story residential building located at the address: Moscow, st. Lenina, 1, apt. 15. With this application for acceptance of inheritance, I confirm my will to accept the property and ask that you issue me a certificate of right to inheritance. Other heirs specified in Art. 1142, 1143, 1144, 1145 and 1148 of the Civil Code of the Russian Federation, not available.
- This is followed by the date the application was written and the personal signature of the heir.
Download a sample application for acceptance of inheritance
Important! The time for filing an application for acceptance of inheritance is limited to 6 months. In this case, the day from which the countdown of the period begins is the day following the day of death of the citizen.
If he is declared dead in court, then the counting day will be the day the decision taken by the judicial authority enters into legal force.
A certificate of inheritance is usually issued after a specified period.
The six-month period can be reduced in three cases:
- when it is reliably known that there are no other heirs other than those who have declared their right;
- when the heirs of priority queues refuse the inheritance;
- when the inheritance procedure takes place in the order of hereditary transmission (the heir dies before accepting the inheritance).
The application for acceptance of the inheritance by the heir must be written in his own hand. This cannot be done by proxy.
***
Thus, an application for acceptance of an inheritance is submitted to a notary at the place of opening of the inheritance or at the location of the testator’s property. If there is a will, then you need to contact the notary who made it. An application for acceptance of inheritance can be written by studying the rules set out above and using the sample we have prepared.
***
Even more materials on the topic can be found in the “Inheritance” section.
Application for inheritance: download sample form
The process of entering into inheritance must begin within 6 months after the date of death of the testator. To do this, you need to contact a notary with some documents:
- will;
- statement;
- documents confirming the degree of relationship.
The application form is free and must be addressed to a notary. In the text, the applicant agrees to accept the inheritance and asks to issue a corresponding certificate.
After this, the application should be submitted to a notary’s office or sent by mail, after having the signature certified by a lawyer.
Documents can also be transferred through a representative, who is a person acting on the basis of a power of attorney to represent interests. In this case, you need to correctly draw up a power of attorney, which indicates the powers of the representative. In this case, this includes submitting documents for inheritance.
If the application for the right to inheritance is not submitted within 6 months, the heir must go to court. He will have to file a claim, which will indicate the reasons that prevented him from entering into inheritance on time.
If the heir wants to officially renounce the inheritance and transfer it to another person, then he must write a refusal.
How to fill out an application for inheritance?
The basis for entering into an inheritance can be a will or legislation. If the deceased person left a will, the contents of this document must be taken into account during the division of property. If there is no will, then it is divided among the first-priority heirs.
To receive an inheritance, a citizen must write an application. It is addressed to the notary's office, which deals with the matter of inheriting the property of the deceased. Usually the issue of inheritance is decided by the notary who works at the location of the property.
At the top right is the name of the notary's office, its location (locality) and the initials of the notary. The applicant's details are written below - the initials indicated in the passport and the registration address.
In the text of the application you must provide the following information:
- Full name, date of death and degree of relationship of the deceased;
- His place of residence;
- List of other heirs (if possible);
- Characteristics of inherited property;
- Agreement to accept it;
- Please issue a certificate confirming the right to inheritance.
At the bottom, the applicant puts his signature and indicates the date the application was completed. If he does not submit the application to the notary in person, his signature must be notarized. For more information about inheritance tax rates, read the article: “Inheritance tax rate. Procedure for entering into inheritance."
Download the application for inheritance. Sample filling
Like the article
10 3 (votes: 1 , average rating: 2.00 out of 5) Loading…
Application for inheritance
Free consultation with an inheritance lawyer Prices for inheritance lawyer services
Author of the article: Petr Romanovsky, lawyer Author rating: 5 Articles written: 540
An application for inheritance is a document indicating the recipient’s desire to enter into inheritance rights. The document must be submitted to the notary before the expiration of the deadline for making such a decision.
Before writing an application for inheritance, you need to take care of collecting related documents. The candidate heir must provide the notary with the following documents:
- Heir's passport.
- Certificate of death of the testator (a court decision declaring the testator dead is allowed).
- Documentary confirmation of information about the last place of residence of the testator (for example, extracts from the house register or a certificate from the HOA).
- Official confirmation of family relationship (marriage, birth or adoption certificate).
Free consultation with an inheritance lawyer Prices for inheritance lawyer services
3 ways to get a free legal consultation 01
Online chat bottom right, lawyer consultant is always in touch
02
Free hotline 8 800 511 38 27 (Moscow and regions of the Russian Federation)
03
Help from a lawyer on the free legal advice page
Sample application for inheritance
Download the application for inheritance
A candidate heir has the right to study a sample application at a notary’s office or consult a lawyer.
The application for inheritance has a standard form and must contain the following information:
- Address of the notary office to which the document is submitted.
- Personal data of the applicant (full name, information about place of registration).
- Text of the statement.
- Date of signing of the document and personal signature of the applicant.
The application can be submitted no later than six months from the day after the death of the testator. As a rule, a notary issues a certificate after a specified period.
You should also be aware of cases where the six-month period may be reduced. A similar procedure takes place in cases where:
- There is reliable information about the absence of other contenders for the role of heir (except for persons who have declared their right).
- All persons in the priority queues refused the inheritance.
- The inheritance procedure occurs on the basis of the mechanism of hereditary transmission.
The application for acceptance of the inheritance must be signed by the heir (it is impossible to perform such an operation through a power of attorney).
Complaint against a notary
An interested person has the right to file a complaint against a notary if the latter does not perform notarial acts assigned to him by law.
The complaint is considered in a special proceeding by sending an application to the court. The subject of the complaint is incorrect notarial actions or refusal to perform them.
When sending a document to the court, the interested party must take into account the following aspects:
- Jurisdiction. The complaint is sent to the location of the notary (district courts deal with such cases).
- The application is submitted no later than ten days from the date of refusal or unlawful notarial acts.
- Only those persons whose rights were violated by the notary are authorized to file a complaint.
- If a notary unlawfully refuses to perform notarial acts, the interested person has the right to demand a written refusal. The notary cannot fail to comply with such an order.
Consideration of a complaint in court
The consideration of the case in court shall not be prevented by the failure of a duly notified party to appear.
If a court decision orders support of the applicant’s claim, notarial actions are officially canceled. If the notary's refusal is considered unlawful, the court obliges the notary to perform the action being appealed.
If the behavior of a notary does not correspond to his status, violates the principles of professional ethics, or the notary behaves incorrectly, the complaint is sent to the notary chamber. Notarial authorities may decide to terminate the activities of a notary.
An application for inheritance is a specific legal document that expresses the desire of the heir to officially obtain the right to dispose of property. According to the law, the document is submitted to the notary within the period allotted for obtaining the certificate.
It will be much more difficult to enter into full rights after six months; this procedure always involves a trial, during which the plaintiff will have to prove the authenticity of the right to inherit property.
The heir can take a sample application from a lawyer; the notary must bring all the necessary documents in addition to the application for obtaining property rights.
Algorithm of actions when writing an application for inheritance
By law, the official heir can contact a notary immediately after the death of the heir. In order not to waste extra time, the future owner of the property must follow a clear algorithm of actions:
- collection of all necessary documents that confirm the possibility of inheritance;
- find out if there is a valid will;
- contact a lawyer with a package of documents that is necessary specifically in your case (inheritance with a will, inheritance without a will);
- draw up an application for inheritance;
- receive a certificate, and then go back to visit the notary;
- registration of ownership rights to inherited property.
Documents that a notary will need with an application to accept an inheritance
According to the law, before visiting a lawyer, the testator must prepare a certain package of papers:
- a paper indicating the death of the testator or a certificate from the courts;
- evidence that the deceased was registered in the apartment that is subject to inheritance (an extract from the house book will do);
- a sample passport of a citizen who, by law, takes official ownership of property;
- evidence that there are blood ties between the heir and the testator.
The latter document can be provided in one of three forms of evidence:
- birth;
- adoption;
- marriages.
There is a special additional list of papers that may be needed during the process of registering rights or in the event of litigation. A sample list of such documents is compiled by a lawyer individually for each case.
To find out the existence of a will when entering into an inheritance, you need to contact any notary. By law, every lawyer has access to a common database that contains information on all officially registered wills.
If the sample will is valid, then it is necessary to open an inheritance case with the lawyer who drafted it.
In the absence of a will, the notary office that serves the area in which the testator previously lived will handle the matter of inheriting property and obtaining rights. A lawyer can also help you draft the application correctly.
Notary offices always have ready-made forms of this document, so there will be no problems with registration.
How much will I have to pay to file an inheritance application?
If the heir wants to quickly and easily register the rights and register the property in his name, then he should use the services of a private and reliable notary. The services of a good lawyer can cost a decent amount, but this is not all the waste that the future owner of the property will need to make.
You will need to pay a state fee, the amount of which will depend on several factors.
The degree of relationship between the heir and the testator (as a percentage) is of great importance in determining the amount of state duty.
The percentage determined on the basis of the degree of relationship is calculated from the market price of the property that is subject to inheritance. You can calculate the total amount of state duty in your lawyer’s office.
The final stage of drawing up an application for inheritance
Obtaining a certificate that indicates official rights to dispose of property is a mandatory procedure when entering into an inheritance. This document will be needed when registering property rights with the Federal Registration Service.
Without official registration of property rights, the new owner will not be able to sell the apartment or make any other manipulations with the property. There is no point in delaying the registration of rights to receive property, because at the end of six months after the death of the heir, the heirs will have to prove their rights in court proceedings.
Application for inheritance sample form
- In order for the right to inheritance to come into force, you must provide a corresponding application.
- Algorithm for entering into inheritance
- To avoid unnecessary problems, we advise you to collect the necessary package of documents in advance.
- You will need:
- a document confirming the death of a citizen (death certificate, court decision);
- documents proving the last place of residence (copy from the house register, certificate from the HOA);
- passport;
- confirmation that you are related to the deceased.
In cases involving a mandatory part of the inheritance, you may be required to provide additional documents.
Your next step will be to visit a notary's office. If you know that a will was drawn up and delivered by the deceased, but you do not know which particular notary it was handed over for safekeeping, you can get this information at any notary office, and they can also clarify for you that it was not delivered to more than one of the notaries.
- In this case, you can contact a notary working in your area (you can get information about him at the notary’s office, where you can contact immediately, or find information on the Internet).
- You will have to take your application to the notary with whom you will work in the future (this will happen when you are given a certificate (certificate) for the entry into force of the right of inheritance, as a rule, this happens at the end of the period specified by law), you will need to pay a duty fee, which depends on the degree of relationship and the size of the inheritance.
- After receiving the certificate, you will need to begin registering the property (for which registration is required).
- Application for inheritance
- As already mentioned, you will need to fill out an application:
- the first point will be to indicate the notary office you contacted, with the exact address;
- in the next paragraph you must indicate your last name, first name, patronymic, as well as your registration address;
- on a new line, in the center write “Application for acceptance of inheritance”;
- Next comes the text of the application itself, in which you indicate the deceased person, including his registration address and date of birth, write that you are an heir, your address, the line of inheritance, indicate the property you are claiming and whether there are other heirs in accordance with Articles 1142, 1143, 1144, 1145 and 1148 Civil Code of the Russian Federation.
- date (when the application was written), signature.
You must write the application in your own hand.
Below is a standard form and a sample application for inheritance, a version of which can be downloaded for free.